Renowned author, Maya Angelou, once said, “You can't really know where you are going until you know where you have been.” Although many educators can articulate takeaways from the No Child Left Behind Act, Plessy v. Ferguson, and Brown v. Board of Education, few can do the same for the Individuals with Disabilities Education Act (IDEA), Board of Education of the Hendrick Hudson Central School District v. Rowley, or even the more recent 2017 U.S. Supreme Court decision in Endrew F. v. Douglas County School District Re-1. Each of these acts/decisions played a role in shaping public education, with the latter focused specifically on how to ensure that students with disabilities have access to a free appropriate public education (FAPE). To ensure that special educators are prepared for their roles, their knowledge and understanding of legal obligations to students with disabilities must be at the foundation. This chapter will explore (a) the history and purpose of IDEA, (b) key tenets within IDEA, and (c) strategies for developing individualized education programs (IEPs) that address IDEA FAPE requirements.
The History of the Individuals with Disabilities Education Act
Prior to the U.S. Civil War, individuals with disabilities were integrated within society; they were a part of the fabric of rural American life, supporting the daily activities of their families and communities. However, after the Civil War, perspectives toward individuals with disabilities, especially those with intellectual and/or developmental disabilities (I/DD), shifted to one of fear; individuals with I/DD were viewed as deviant from the norm (Trent, 1994). What resulted from society’s underlying beliefs was segregation of a population deemed deviant, including from the nation’s public education system.
In the 1960s, ideology shifted with regard to how best to support individuals with disabilities. The increased awareness of subhuman conditions at institutions spurred advocacy organizations to fight for the civil rights of residents at institutions—many of whom were school-aged (to learn more, view the documentary Unforgotten: Twenty-Five Years After Willowbrook). The broader Civil Rights Movement of the 1960s propagated discussion about various disadvantaged populations, including individuals with disabilities and their segregation based on perceived differences. Publications emerged focused on the “right to treatment” for individuals with disabilities who had been exposed to numerous debilitating conditions (Braddock, 2002). During the presidency of John F. Kennedy, the Mental Retardation Planning Amendment of 1963 was enacted, mandating all 50 states to develop plans to address how to improve services for individuals with I/DD with regard to placement and prevention (Braddock, 2002). In 1973, Section 504 of the Vocational Rehabilitation Act also was passed. Under Section 504, individuals with disabilities were protected from exclusion from federally funded programs. Still, many children with disabilities were refused admittance to public schools, while others were placed in regular or segregated classrooms without appropriate supports (Katsiyannis et al., 2001; Martin et al., 1996; U.S. Department of Education, 2010).
Then, in 1975, President Gerald Ford signed the Education for All Handicapped Children’s Act (EAHCA; Public Law 94-142; now IDEA), which opened the figurative and literal doors of public education institutions to individuals with disabilities previously segregated from schools. EAHCA, later reauthorized as IDEA, stood on the shoulders of the Civil Rights Movement and resulted in national policy focused on ensuring equitable access to education for all learners.