The Rights of Children with Disabilities to A Free, Appropriate Public Education

The Rights of Children with Disabilities to a Free, Appropriate Public Education

Alex Fitzgerald

Education is a vital aspect of social justice. Educating children with disabilities in mainstream settings provides equal opportunities for people with disabilities to be educated to the same extent as their non-disabled peers (Hehir 2016, p.4). Education became a legal right for all disabled children in the United States with the passage of The Education for All Handicapped Children Act of 1975 (EHA), later renamed the Individuals with Disabilities Education Act (IDEA) (Spaulding & Pratt, 2015, p. 91). This federal law mandates all state and local public-school districts to provide a “free, appropriate education” (FAPE) to all children and youth with disabilities (Lipkin & Okamoto, 2015, p.2).

The practice of educating students with disabilities in a mainstream environment, known as “inclusion,” is an important social concept that improves the lives of disabled children and has a positive impact on non-disabled students as well (Hehir 2016, p.7). Prior to 1975, at least one million disabled children in the United States were denied access to the public school system: many living in institutions with little or no education. (Aron & Loprest, p.100). 

Approximately 15% of children nationwide have a disability (Lipkin & Okamoto, 2015, p.1), with the prevalence of those children living in poverty and being children of color (Young & Crankshaw, 2021). The number of children with disabilities has increased over the past decade, but it is not clear if that is a true increase or a change in how disabilities are diagnosed (Young & Crankshaw, 2021).

Inclusion is an important concept in policy practice that involves addressing segregation from regular classrooms and unfair treatment among these groups that existed before (Aron & Loprest 2012, p.99). In addition, non-disabled students also benefit from inclusion by developing meaningful relationships with disabled peers without holding prejudices, stereotypes against them, or fears about human differences (Hehir et al., 2016). In fact, evidence suggests that including children and youth with disabilities in mainstream educational systems alongside non-disabled classmates is linked to higher rates of enrollment in schools and improved teaching practices in which all students benefit from the same levels of academic achievement. This educational benefit of inclusion was demonstrated in a study commissioned by the Massachusetts Department of Elementary and Secondary Education in 2011 that followed three Boston schools for two years (Hehir et al., 2012). The study found that inclusion led to more innovating teaching practices and higher achievement for all students (Hehir et al., 2016, p.11). 

In 1975 President Gerald Ford signed into law the Education for All Handicapped Children Act (EHA) which required states to provide equal access to education for all students with disabilities (Jansson, 2019, p.621). Also known as Public Law 94-142, the EHA has been reauthorized and expanded over the years to become the Individuals with Disabilities Education Act (IDEA), granting funding for states to administer early intervention for children ages 3-5 and special education programs for school-aged children in the basis of disability (Murphy, 1996, p.2). The IDEA guarantees children with disabilities the right to attend public school alongside their non-disabled peers and receive the services they need to help reach their goals at no cost (Aron & Loprest, 2012, p.99).   

According to the IDEA, every child with a disability must be identified and evaluated through a process called “child find.” The law also prohibits exclusion from public education, implements the Individualized Education Program, and allows parents of children with disabilities to collaborate with the school to ensure academic goals are met (Yell et al., 2020, p. 307). All school districts must ensure equal access to educational resources so that a disabled student is fully integrated into classrooms with the right to seek reasonable accommodations (Yell et al., 2020). Despite a substantial increase in children with disabilities enrolled in inclusive education since the passage of IDEA, many still face challenges in accessing educational standards in other countries where these policies on inclusion are not yet in effect (Hehir et al., 2016, p.6). 

Educating children with disabilities in the least restrictive environment is an important social justice issue which is good for society. Inclusive education promotes social equality and instills the idea that every member of society is valued and important (Hehir et al., 2016). Until 1975, most children with disabilities in the United States were marginalized and segregated from mainstream education (Spaulding & Pratt, 2015, p.97). Significant progress in legislative action on policy practice of education was made with the passage of IDEA, which creates a positive impact on resource development for school systems to offer an inclusive curriculum. The policy highlights regulations and procedures that require state and local districts to implement an Individualized Education Plan and make sure that all qualified students with disabilities have equal access to reasonable accommodations (Lipkin & Okamoto, 2015, p. 2).

Despite significant progress, more work needs to be done. Even with IDEA, students with disabilities are often behind educationally compared to their peers and are at risk of dropping out of school (Aron & Loprest, 2012, p. 114). Another limitation of IDEA is higher education. Although the IDEA works to prepare students with disabilities for future educational opportunities and employment, IDEA does not continue once a student graduates from high school (Lipkin & Okamoto, 2015, p. 11). Therefore, more focus should be placed on to accommodating disabled students transitioning from high school to the university level (Madaus 2011).

References

Aron, L., & Loprest, P. (2012). Disability and the education system. The Future of children, 22(1), 97–122. 

Hehir, T., Grindal, T., Freeman, B., Lamoreau, R., Borquaye, Y., & Burke, S. (2016). A Summary of the Evidence on Inclusive Education. In Abt Associates. Abt Associates.

Hehir, T., Grindal, T., & Eidelman, H. (2012). Review of special education in the Commonwealth of Massachusetts. Boston, MA: Massachusetts Department of Elementary and Secondary Education. https://www.bostonpublicschools.org/cms/lib/MA01906464/Centricity/Domain/249/Hehir%20SynthesisReport.pdf

Jansson, B. S. (2019). The reluctant welfare state (9^th ed.). Cengage.

Lipkin, P. H., Okamoto, J., Council on Children with Disabilities, & Council on School Health (2015). The Individuals With Disabilities Education Act (IDEA) for Children With Special Educational Needs. Pediatrics, 136(6), e1650–e1662. https://doi.org/10.1542/peds.2015-3409

Madaus, J. W. (2011). The History of Disability Services in higher education. New Directions for Higher Education, 2011(154), 5–15. https://doi-org.proxy-bc.researchport.umd.edu/10.1002/he.429

Murphy, D. M. (1996). Implications of Inclusion for General and Special Education. The Elementary School Journal, 96(5), 469–493. http://www.jstor.org/stable/1001845

Spaulding, L. S., & Pratt, S. M. (2015). Article 7: A review and analysis of the history of special education and disability advocacy in the United States. American Educational History Journal, 42(1-2), 91+. https://link.gale.com/apps/doc/A437059641/AONE?u=anon~f3e148c0&sid=googleScholar&xid=7eaef694

Yell, M. L., Collins, J., Kumpiene, G., & Bateman, D. (2020). The Individualized Education Program: Procedural and Substantive Requirements. Teaching Exceptional Children, 52(5), 304–318. https://doi-org.proxy-bc.researchport.umd.edu/10.1177/0040059920906592

Young, N. & Crankshaw, K. (2021, October 8). Disability rates highest among American Indian and Alaska native children and children living in poverty. Census.gov. Retrieved February 25, 2023, from https://www.census.gov/library/stories/2021/03/united-states-childhood-disability-rate-up-in-2019-from-2008.html 

The History of Disability and Education in the U.S.

The History of Disability and Education in the United States

Alex Fitzgerald

Introduction

The reform on education for children with disabilities was established during the 1800s and historically influenced the structure of social policy and institutions regarding integrating disabled children into public schools. This paper covers the history of disability education rights movements from the early 1800’s to present. 

History of the Social Issue

  The definition of “disability” has changed over time and shapes how scholars think and analyze the approach to inclusion and exclusion in the contemporary era (Altschuler & Silva, 2017). The medical model and the social model (nature vs. nurture) are the two main perspectives that are explored in historical literature. The medical model defines disability as an abnormality in a person’s physical or mental conditions that reduces quality of life and views disability as a biological impairment in terms of health and functioning that should be cured (Kudlick, 2005). The social model emerged in the United States during the 1960’s and was concerned with equality of opportunity to participate in society. (Cigman, 2010). The social model focuses on consequences of social and environmental barriers that exclude an individual from participating in society. 

The first era of educational reform began during the Civil War and abolitionist movement, which prompted states and the federal government to create public institutions for the deaf, blind, and mentally challenged (Madaus). The development of special education programs began with Beverly schools in the early 1800’s, and in 1823 the first school for the deaf was built in Kentucky (Guidara, 2013). In 1864 Gallaudet became the first college for the deaf when President Lincoln signed a bill into law that created more schools for the deaf at a federal level (Madaus, 2011). However, it wasn’t until 1913 that disabled children started receiving individual attention through special education (Guidara, 2013). Changes to policies and institutions of higher education after World War I and World War II resulted in an influx of veterans with disabilities attending college. The Soldier’s Rehabilitation Act of 1918 and the G.I Bill of Rights Act of 1944 provided aid to veterans with disabilities with equal access to educational experiences and job training upon graduation.  It restored in an increase of individuals with disabilities entering public schools throughout the 21st century (Monyl).

 In the 1959’s an opportunity to seek civil rights laws and education legislation became widely accepted that shaped societal and political attitudes toward disability, The contemporary era of special education (1950-present) was a shift from segregation (medical model) to inclusion (social model) (Cigman, 2010). During the 1950’s, advocacy groups fought against segregation in public schools. In 1953, Brown vs. Board of Education declared segregation as unconstitutional, and in 1972, Mills v. Board of Education of District of Columbia established that all children are entitled to a “free appropriate public education”. These cases helped to establish the foundation for the 1975 law, Education for All Handicapped Children Act or EAHCA (Spaulding & Pratt, 2015). The EAHCA required states to provide equal access to education for all students with disabilities (Jansson, 2019). This law was expanded over the years to become the Individuals with Disabilities Education Act (IDEA), granting funding for states to administer early intervention and special education programs for school-aged children with disabilities (Murphy, 1996). The most recent law, Every Student Succeeds Act of 2015, reauthorized the Elementary and Secondary Education Act, and improved provisions under IDEA. These pieces of legislation expanded equal opportunities for all students, leading to higher rates of high school graduation and enrollment in post-secondary education (Madaus, 2011). 

Oppression/Discrimination

Cultural attitudes, absence of polices and lack of access to education are the primary ways in which people with disabilities have been oppressed throughout history (Spaulding & Pratt, 2015). Contributing factors of disability discrimination included race, gender, poverty, neglect, superstition, and ignorance of disability (Munyi, 2012). 

Early American disability studies suggest that the meaning of disability was originally viewed as an application of identity based on physical and cognitive differences, leading to stigma and disgrace (Altscher). The disabled often experienced exploitation, expulsion from society, and even execution. People with disabilities were often put in almshouses and prisons as a measure that segregated them from society. As a result, many children with disabilities were institutionalized or hidden from society and received no education (Spaulding & Pratt, 2015). 

An absence of laws protecting the disabled and the physical inaccessibility also contributed to the lack of educational opportunities for handicapped children. In early history there were no elevators, ramps, or lifts installed in buildings and there was a limited access to public transportation. Before many civil rights laws were passed, school districts had a choice on whether to exclude or include children with disabilities in mainstream or special education programs (Pugach, 2011). The veterans who returned from the war with physical and other types of disabilities also helped to raise public awareness and acceptance and the opportunity to seek legislation and federal laws mandating access to education (Spaulding & Pratt, 2015).

Conclusion

A review and analysis on the history of disability education is concerned with multiple themes highlighting a shift in perspectives from nature to nurture, changes to societal conceptions of individuals with disabilities, and the evolution of special education and inclusion (Spaulding & Pratt, 2015). The contemporary era introduced the normalization and deinstitutionalization movements combating oppression and changing public perceptions of disabilities. Additionally, inclusive education advocates successfully fought for inclusion that ultimately ensured individuals of all ability levels the right to a free and public education and the opportunity to reach their fullest potential.

References

Altschuler, S., & Silva, C. (2017). Early American Disability Studies. Early American Literature, 52(1), 1–27. https://www.jstor.org/stable/90009790

Cigman, R. (2010). Social Model of disability. Social Model of Disability - an overview | ScienceDirect Topics. Retrieved April 2, 2023, from https://www.sciencedirect.com/topics/medicine-and-dentistry/social-model-of-disability. 

Guidara, A. (2013, August 8). The history of special education in the late 1800s to mid-1900s: A look through Beverly Schools. Primary Research. Retrieved April 1, 2023, from https://primaryresearch.org/the-history-of-special-education-in-the-late-1800s-to-mid-1900s-a-look-through-beverly-schools/ 

Jansson, B. S. (2019). The reluctant welfare state (9^th ed.). Cengage.

Kudlick, C. J. (2005). Disability History, Power, and Rethinking the Idea of “The Other.” PMLA, 120(2), 557–561. http://www.jstor.org/stable/25486184

Madaus, J. W. (2011). The History of Disability Services in higher education. New Directions for Higher Education, 2011(154), 5–15. https://doi-org.proxy-bc.researchport.umd.edu/10.1002/he.429

Munyi, C. W. (2012). Past and present perceptions towards disability: A historical perspective: Disability studies quarterly. Past and Present Perceptions Towards Disability: A Historical Perspective. Retrieved March 29, 2023, from https://dsq-sds.org/index.php/dsq/article/view/3197/3068 

Pugach, M. C., Blanton, L. P., & Correa, V. I. (2011). A Historical Perspective on the Role of Collaboration in Teacher Education Reform: Making Good on the Promise of Teaching All Students. Teacher Education and Special Education, 34(3), 183–200. https://doi.org/10.1177/0888406411406141

Spaulding, L. S., & Pratt, S. M. (2015). Article 7: A review and analysis of the history of special education and disability advocacy in the United States. American Educational History Journal, 42(1-2), 91+. https://link.gale.com/apps/doc/A437059641/AONE?u=anon~f3e148c0&sid=googleScholar&xid=7eaef694

U.S. Department of the Interior. (n.d.). Disability history: The disability rights movement (U.S. National Park Service). National Parks Service. Retrieved April 16, 2023, from https://www.nps.gov/articles/disabilityhistoryrightsmovement.htm.