History of Special Education

Federal Statutes Affecting Special Education

1967

Congress adds Title VI to the Elementary and Secondary Education Act of 1965, creating a Bureau of Education for the Handicapped (now called OSEP) and creating and funding what is now called the Comprehensive System of Personnel Development, by which school districts can acquire and disseminate promising educational practices to teach students with disabilities. Reed was legislative assistant to Senator Yarborough who chaired the education committee at that time

1973

Section 504 of the Rehabilitation Act is enacted into statute, and affects any recipient of federal financial assistance such as your school district and your state education agency.

1974

The EHA (Education of the Handicapped Act -- grandparent of IDEA) is enacted to greatly expand Title VI.

1975

FERPA (The Family Educational Rights and Privacy Act) is enacted, allowing parents to have access to all personally identifiable information collected, maintained or used by your school district in regard to your child.

1977

Sec. 504 regulations are issued, to begin with 1977-78 school year, and includes a requirement for a self-evaluation of all policies and procedures of your school district and your state education agency so that discriminatory policies would be stopped. (Congress notes in 1990 hearings that school districts illegally ignored this requirement). 

1977

 Appendix A to Section 504, which explains the Sec. 504 regulations, is issued.

1977

 The EAHCA regulations are issued to begin with the 1977-78 school year.

1981

 The EAHCA Appendix C is issued with 60 Q&A's about the IEP process (this is considered part of the federal law by federal courts but has been largely ignored by most school districts).

1986

 The EAHCA is amended with the addition of the Handicapped Children's Protection Act (in which Congress overturns a Supreme Court decision that said the EAHCA was "an exclusive remedy" and that parents could not also use Section 504 to protect their child). The amendment makes clear that students and parents have rights under the IDEA and Section 504 at the same time.

1990

 The Americans with Disabilities Act is enacted. Congress finds that the failures of school districts over the past 15 years of special education laws requires them to add the protection of the ADA to parents and students with disabilities. The ADA also adopts the Section 504 regulations as part of the ADA statute, so now the 504 regulations have the full weight of a federal statute.

1990

 The EAHCA is amended and is now called the IDEA (Individuals with Disabilities Education Act), adding transition as a requirement.

1991

 The "Joint Policy Memorandum" from the U.S. Department of Education is issued, at the specific request of Congress, to explain what must be made available to your child under Section 504 in a regular classroom (the memo is on our website).

1997

 The IDEA is amended with hundreds of changes that affect programming starting with the 1998-99 school year.

1999

 The new IDEA Regulations are issued with many changes.

1999

 The IDEA old Appendix C has been mostly included in the amendments to the IDEA statute so a new Appendix (now called Appendix A) is issued with 40 new Q&A's about the IEP process. The IDEA App. A is not to be confused with the Sec. 504 App A which was issued in 1977.

2001

Public Law print of PL 107-110, the No Child Left Behind Act of 2001

No Child Left Behind Resources

2004

H.R.1350

Individuals with Disabilities Education Improvement Act of 2004

(IDEA 2004)

 

The information on this page came from Reed Martin 's website http://www.reedmartin.com/specialeducationstatutes.htm they are a resource Providing Parents, Advocates & School Personnel Tools for Advocacy

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