I've always been really interested in the history of special education. I've written a bit on it before and I feel like there is much more to say. It is likely that I'll write many future posts on the topic, so let this post serve as a very basic introduction.
But why? Why write about this now? Why is it important for me to share this at this moment? Well... you should know how it used to be because "Those who cannot remember the past are condemned to repeat it.” (George Santayana1863–1952). You should know that not long ago, learners with disabilities were excluded from school completely. You should know the work to change systems and attitudes was never easy. And you should know that advocates continue to fight every day because it is still necessary. So let's begin.
First, remember Brown v. Board of Education (1954). The Supreme Court found that Black children had the right to equal educational opportunities and that segregated schools “have no place in the field of public education.” This was a landmark civil rights decision where the court wrote,
"In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be made available to all on equal terms.
We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does."
In other words, separate is never equal.
(In 1960, six-year old Ruby Bridges is escorted to school by four U. S. Marshals while angry crowds protest.)
Following that decision, parents of disabled students began bringing lawsuits against their school districts for excluding or segregating their children. They claimed their children were being discriminated against on the basis of their disabilities.
In 1965, Congress enacted the Elementary and Secondary Education Act (ESEA) and amended it in 1966 to establish a grant program to help states in the “initiation, expansion, and improvement of programs and projects . . . for the education of handicapped children.” In 1970, it was replaced with the Education of the Handicapped Act. It too had a grant program similar to its predecessor. But there were no specific mandates on the use of the funds and neither program did much to improve the education of learners with disabilities.
In 1971 there was the class action lawsuit filed on behalf of PARC (Pennsylvania Association of Retarded Citizens) and 14 families who had children excluded from school. It was the first 'right to education' lawsuit in the country. The result of that lawsuit was a consent decree that established the right to a free public education for all children, regardless of disability. Later, this decree and its procedural protections would become the basis for the Education for All Handicapped Children Act (EAHCA) of 1975.
Then in 1972, there was Mills v Board of Education of District of Columbia, another class action suit brought on behalf of seven children and other similarly situated students who resided in DC who were also excluded from school or denied services. Mills held that "no child could be denied a public education because of "mental, behavioral, physical, or emotional handicaps or deficiencies."
In 1972, after PARC and Mills, Congress launched an investigation and found that millions of children were not receiving an appropriate education. Of the more than 8 million children who needed special education and related services, only 3.9 million received an appropriate education, 2.5 million received an inappropriate education, and 1.75 million received no education at all. That's 1,750,000 children excluded from school completely.
This investigation so moved members of Congress that they wrote:
"The long-range implications of these statistics are that public agencies and taxpayers will spend billions of dollars over the lifetimes of these individuals to maintain such persons as dependents and in a minimally acceptable lifestyle. With proper education services, many would be able to become productive citizens, contributing to society instead of being forced to remain burdens. Others, through such services, would increase their independence, thus reducing their dependence on society."
In 1972 legislation was introduced and in 1975 The Education for All Handicapped Children Act was passed. In 1990 it became the Individuals with Disabilities Education Act (IDEA).
And they all lived happily ever after, right?! Sadly, no. Things that seem so obviously fair and right are never a given for students with disabilities.
Take Board of Education v Rowley (1982), for example. This was a case where the school district refused to provide a sign language interpreter for first-grader Amy Rowley, who is deaf. Her family filed suit, saying Amy would make much greater progress if provided an interpreter. The Rowleys lost that case when the Supreme Court decided as long as some progress has been made, then the district has upheld its obligation in providing a FAPE (Free Appropriate Public Education). The decision states “the intent of the Act (EAHCA) was more to open the door of public education to handicapped children on appropriate terms than to guarantee any particular level of education once inside.”
The Supreme Court doesn't always get it right.
"Some" progress is a very, very, very low bar that limited students with disabilities for decades. It was not until 2017 and the Endrew F. v Douglas County School District that the Supreme Court decided that an educational program must be reasonably calculated to enable a student to make progress appropriate in light of the student’s unique circumstances.
That one always causes a catch in my throat. When my son entered public school, Rowley was the law of the land, meaning if he learned just one letter of the alphabet, or how to zipper his coat, or the proper way to stand in line, then he had made some progress and the school could claim it was doing its job. But in 2017, Endrew became law and guaranteed my son and others like him the right to a program reasonably calculated to enable progress appropriate to their individual circumstances. That was just seven short years ago, Friends. The proximity of discrimination is so close you can feel it breathing down your neck. I think I've written that before...
We all know that special education isn't perfect. If it were, you wouldn't be reading a blog written by a special education advocate. The hope of this post is that you remember. Remember that learners with disabilities were excluded from school completely just a short time ago. Remember that once allowed in school they still weren't guaranteed an education. Remember how hard the work to change systems and attitudes was. And know that the fight continues because it is still necessary.
Please, remember the past and help me make sure we never repeat it.
With love, light, and gratitude, Janell
P.S. Not sure you want to tackle the IEP process on your own? I can help! Check out my Packages page to learn more or to book a free consultation.
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