From the 1950s through 1970s, many legal decisions shaped the progress of equity in public education, including the desegregation of public schools, training requirements for educators of children with specific needs, the implementation of early childhood education and focus on and funding for disadvantaged students. This series of legal acts created the foundation for the eventual creation of the Individuals with Disabilities in Education Act (IDEA), which protects the rights of students to have access to a free and public education (FAPE).

In 1971, disabled students’ access to education became a focus in high profile court cases such as PARC v. Penn, as well as Mills v. Board of Education of the District of Columbia. The decisions in these cases set the stage for the appropriate evaluation and determination of services for students with disabilities in public education and prompted Congress to investigate further.

By 1972, Congress had identified around 8 million students with disabilities at the time. Of these children, more than 4 million children were underserved or not served at all in the nation’s public schools.

This data, as well as the decades of court cases setting precedent regarding the need for equity, training and appropriate evaluation and educational planning in public schools, eventually culminated in the Education for All Handicapped Children Act (EAHCA). President Ford signed this Act into law in 1975.

What Did EAHCA Do?

The purpose of this legislation was “to assure that all handicapped children have available to them…a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of handicapped children and their parents or guardians are protected, to assist States and localities to provide for the education of all handicapped children, and to assess and assure the effectiveness of efforts to educate handicapped children.”

In 1997, the EAHCA was renamed the Individuals with Disabilities Education Act (IDEA). Although this act continues to be amended with further support for families and students, the core purpose of the law remains the same: to provide FAPE to students with disabilities by accurately assessing individual students’ needs and implementing appropriate supports.

What Does This Mean for Us Today?

If your child or any child you know has an Individualized Education Plan (IEP), you can thank IDEA. Under IDEA, students must have equal access to education. IDEA also has a Child Find requirement, stipulating that public schools are legally required to find every child, from ages 0-21, in need of services. If a student has a disability that significantly affects their ability to access education without supports, they have the right to be assessed within their school district to determine eligibility for services. In order to be eligible for an IEP, a child must qualify under at least one of the 13 disability categories as listed in IDEA, and the disability must also significantly and adversely impact the child’s ability to demonstrate academic achievement.

If you believe your child needs extra support at school, consider reaching out to your child’s educational team to request an evaluation. Even if your child has not yet started school, they may be eligible for services as part of Child Find. Each state and district manages its own Child Find mandate. Your child’s pediatrician may offer referrals to appropriate local resources for 0-3 and pre-K supports.

How Can Winston Center Help?

Although IDEA and other legislation provide children with federal rights in school, sometimes children with learning challenges do not receive adequate support in the classroom. It can be incredibly frustrating for parents and students who don’t know where to start. Even highly involved parents may feel unequipped to advocate for their child in meetings with teachers, administrators or school psychologists.

You’re not alone: Winston Center’s advocacy services are designed to help families through these complex processes so your child can get necessary assistance in the classroom.