2.1: The History

IDEA

The Individuals with Disabilities Education Act (IDEA) is a landmark law that guarantees a free and appropriate public education (FAPE) to children with disabilities in the United States. Its evolution reflects growing recognition of the rights of individuals with disabilities and the need to ensure they receive equal access to education.

Early Advocacy and Predecessors (Before 1970s)

Before the 1970s, children with disabilities were often excluded from public schools or segregated into special institutions. There was limited legal protection for their right to receive an education, and many children with disabilities were denied access to schools altogether.

• 1940s-1950s: The disability rights movement began to emerge during and after World War II, with advocates pushing for better services for people with disabilities. Many disabilities advocates fought to ensure that children with disabilities were included in educational settings.
• 1960s-1970s: The Civil Rights Movement and the push for social justice also extended to the disability community. Families and advocates began organizing to challenge the exclusion of children with disabilities from public education.

The Early Legislation (1970s)

The Education of All Handicapped Children Act (EAHCA): The first major federal law aimed at securing the rights of students with disabilities was passed in 1975 under President Gerald Ford. The Education for All Handicapped Children Act (EAHCA) required states to provide children with disabilities access to a free, appropriate public education. The law mandated:

• Free and Appropriate Public Education (FAPE): Children with disabilities had the right to a free education that met their individual needs.
• Least Restrictive Environment (LRE): Students with disabilities were to be educated alongside their non-disabled peers to the maximum extent possible.
• Individualized Education Programs (IEPs): Each student with a disability had to have an IEP that was tailored to their unique educational needs.

The EAHCA marked a monumental shift, recognizing that all children, regardless of disability, should have access to public education.

Revisions and Name Change (1980s - 1990s)

• 1986 – Amendments to EAHCA: The law was amended to include early intervention services for infants and toddlers with disabilities. These services were designed to support children from birth to age three, further expanding the reach of special education.
• 1990 – The Individuals with Disabilities Education Act (IDEA): The EAHCA was renamed to the Individuals with Disabilities Education Act. This amendment included the following significant provisions:
  • Inclusion of Autism and Traumatic Brain Injury (TBI) as specific disabilities eligible for special education services.
  • Transition Services: The law required schools to begin preparing students with disabilities for life after high school, including vocational training and other services that would help them transition to adulthood.
• 1997 – IDEA Amendments: Further updates to IDEA were made in 1997, which emphasized:
  • Accountability: Schools were required to show that students with disabilities were making progress.
  • Increased Parent Involvement: Parents were given more rights to be involved in their child’s educational planning and decision-making.
  • Behavioral Plans: Schools were required to implement behavioral assessments and intervention plans for students whose disabilities affected their behavior.

Further Revisions and Enhancements (2000s - Present)

• 2004 – IDEA Reauthorization: The law was reauthorized again in 2004, with several key changes, including:
  • Alignment with No Child Left Behind (NCLB): The law’s emphasis on standardized testing and accountability was integrated into IDEA. Schools were expected to show that students with disabilities were meeting academic standards.
  • Response to Intervention (RTI): The reauthorization provided for the use of RTI, a process that helps identify students who are struggling early on and provide interventions before they are formally classified as having disabilities.
  • Greater Flexibility for States: States were allowed more flexibility in implementing IDEA requirements, but they were still required to meet federal standards and maintain accountability.
• 2006 – Regulations for IDEA: The U.S. Department of Education issued new regulations to clarify how IDEA should be implemented. These regulations addressed issues such as the definition of "special education," the process for determining eligibility, and procedures for due process hearings.
• 2015 - Significant Shift in Educational Practices: There was a continued push to improve inclusive practices and ensure that students with disabilities have meaningful access to academic content in general education classrooms, including the use of technology to support learning.
• 2020s – Modern Updates: Continued refinements have been made to IDEA, with increased attention on ensuring access to digital learning and addressing new challenges related to mental health and disabilities.