The Legal History of Special Education

TLDR

Children with disabilities historically faced unequal treatment in public schools, but compulsory attendance laws and court actions in the late 1960s spurred states to provide equal educational opportunities, culminating in federal legislation. This article examines the legal history of special education, tracing early efforts to secure a free appropriate education for students with disabilities up to the 1997 Individuals with Disabilities Education Act Amendments.

Abstract

ABSTRACT Children and youth with disabilities have historically received unequal treatment in the public education system. In the early 20th century, the enactment of compulsory attendance laws in the states began to change the educational opportunities for these students. Opportunities for admittance to public schools were greater, but many students nevertheless did not receive an effective or appropriate education. Beginning in the late 1960s and early 1970s, parents and advocates for students with disabilities began to use the courts in an attempt to force states to provide an equal educational opportunity for these students. These efforts were very successful and eventually led to the passage of federal legislation to ensure these rights. The purpose of this article is to examine the legal history of special education. We will examine these early efforts to ensure a free appropriate education for students with disabilities up to and including the enactment of the Individuals with Disabilities Education Act Amendments of 1997.