A Brief Legal History of Education for Students with Disabilities
When people hear the term “special education,” they often envision separate classrooms with specialized programs. However, at its core, education for students with disabilities is about ensuring that every student has access to the educational services and support they need to learn and thrive in the appropriate school setting.
Today, 15% of all public school students receive special education or related services under the Individuals with Disabilities Education Act (IDEA). Across all 50 states and the District of Columbia, the percentage of students receiving services under the IDEA ranges from 12-17%.
– As of the 2022-2023 school year, 7.5 million students ages 3 to 21 were identified as students with disabilities that adversely impacted their education. Further aggregating the 12-17% of students under the IDEA, there are approximately 14% of students with Individualized Education Programs (IEPs) and approximately 2% of students with Section 504 Plans.
While both IEPs and 504 plans are designed to support students with disabilities-
– IEPs provide specially designed instruction and services under the IDEA law
– 504 Plans provide accommodations to support students to access the curriculum under Section 504 of the Rehabilitation Act.
The most common categories of disabilities included specific learning disabilities (e.g., dyslexia), speech and language impairments, autism spectrum disorder, and other health impairments (e.g., ADHD). Furthermore, there are more male students (65%) than female students (24%) receiving services under the IDEA in the school system. This reflects the disproportionate overrepresentation of male students in special education, as well as the under-identification of female students with disabilities.
Landmark Cases: Brown v. Board of Education and Beyond
Over the past several decades, laws and landmark cases have transformed how schools serve students with disabilities. Historically, children with disabilities were frequently excluded from public education systems. However, this began to shift in the mid-1900s as civil rights movements in education began to gain momentum. Brown v. Board of Education rejected the notion of “separate but equal,” and instead established the understanding that segregated facilities were inherently unequal. While Brown v. Board of Education addressed racial segregation in school systems, this landmark decision also laid the groundwork for challenging the exclusion of children with disabilities from public school systems and paved the way for inclusion and integration across the education system.
The landmark decision of the PARC case out of Pennsylvania further affirmed the right to education for children with disabilities. In PARC, the court determined that children with intellectual disabilities must be provided with a free appropriate public education (FAPE). In addition, Mills v. Board of Education of the District of Columbia established that states were responsible for educating children with disabilities. Furthermore, the decision in Board of Education v. Rowley acknowledged that school districts must provide individualized instruction with the appropriate academic supports and services for each student with a disability.
The Birth of IDEA
Legislation has proved essential in improving education for children with disabilities. In 1972, Congress introduced legislation, now known as the IDEA. This Act established the right to a free appropriate public education (FAPE) for all children with disabilities in the least restrictive environment (LRE). Prior to the implementation of the EHA, over one million children with disabilities were excluded from the public school system and denied access to educational opportunities. However, the EHA spurred significant progress in providing children with disabilities IEPs and related services tailored to their needs.
In 1990, the title of the legislation changed to the IDEA, and the Act was amended to better meet the needs of students with disabilities. The Act’s reauthorization emphasized transition planning from the education system to post-secondary life, as well as mandated early intervention services for children under the age of three. The most recent update to the IDEA occurred in 2004, with the goal of enhancing educational opportunities and services for students with disabilities.
The IDEA ensures that eligible students ages three to 21 with a qualifying disability receive a FAPE, if their disability adversely impacts their academic performance. The IDEA requires that each student’s education is tailored to their unique needs in the LRE through the development of an IEP. Students with disabilities are served through a continuum of education models, including general education classrooms, resource rooms, self-contained classrooms, public separate day schools, private separate day schools, home and hospital teaching, and residential treatmentment centers. Between 2022-2023, more than 66% of children with disabilities were in general education classrooms for 80% or more of their school day. This reflects significant progress in educating more children in their neighborhood schools, rather than separate schools or institutions.
Other Legislative Developments
In 1973, the Rehabilitation Act, Section 504 was enacted. This safeguards the rights of individuals with disabilities to ensure their continued federal financial assistance. While the Rehabilitation Act extends outside of the public education system, Section 504 protects students with disabilities in public schools to access appropriate programming. In addition, the Americans with Disabilities Act (ADA), established in 1990, prohibits discrimination against individuals with disabilities across all facets of life, including education. Under the ADA, all children with disabilities must have equal access to educational opportunities and be included in the education system.
Looking Ahead
The special education landscape across the United States is everchanging. Schools are increasingly adopting more inclusive practices that prioritize curriculum accessibility and responsive teaching methods. However, the education system continues to face challenges in funding uncertainties and staff shortages. These challenges jeopardize outcomes for all students, including those with disabilities.
To learn more about recent trends and changes in special education, visit:
- Office of Special Education Programs (OSEP) | U.S. Department of Education
- The National Center for Special Education Research (NCSER) | IES
- The Center for Learner Equity
Sources:
- COE – Students With Disabilities
- Key facts about US students with disabilities | Pew Research Center
- What is Special Education? | The University of Arizona
Lindsey Rosenbloom is a rising second-year law student at the University of Maryland Francis King Carey School of Law. She holds a bachelor’s degree in public health from the University of Miami, with a secondary major in psychology and minors in disability studies and philosophy. Prior to law school, Lindsey joined Teach for America and worked as a fifth-grade special education teacher in Boston.
Lindsey developed a passion for helping individuals with disabilities from a young age, volunteering with Friendship Circle Baltimore and serving as the Vice President for the University of Miami’s Best Buddies Chapter. She also served as a Mailman Center for Child Development trainee, where she mentored high school students through the LEND program and was recognized as an emerging disability leader for the Association of University Centers on Disabilities. Her interest in disability law further deepened during her time as a special educator and case manager for students with disabilities. She currently serves as the Director of Operations for the Disabled Law Students Association at Maryland Law. Through her internship at Project HEAL (Health, Education, Advocacy, and Law), Lindsey hopes to navigate the complex intersections of healthcare, education, and disability law to advocate for equitable access to essential services and protect the rights of individuals with disabilities.
