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The term special education refers to the individualized programs and curriculum designed to address the needs of students with disabilities.

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Back in 1954, Brown vs. Board of Education made it so segregation was no longer constitutional. While this was based around racial injustices, it paved the way for students with disabilities to receive those same rights. In 1965, the Elementary and Secondary Education Act (ESEA) brought education to the forefront and called to fund primary and secondary education. This act put much needed money into the schools for support programs and professional development.

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After Brown vs. BOE saw great success, Mills vs. BOE 1972 used it as leverage to say that if separate facilities were unequal, then it was the same when it came to centers for the disabled. This lawsuit laid the groundwork for the future of disability legislation and those children affected by disabilities. It stated that no child could be denied a public education because of mental, behavioral, physical, or emotional handicaps or deficiencies. Now all children who dealt with these disabilities had access to the same resources and support.

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In 1975, Congress enacted the Education for All Handicapped Children Act. This act would provide support to states and communities by meeting the needs of and protecting the rights of children with disabilities and their families. Fast forward to 1990, the act was renamed as the Individuals with Disabilities Education Act, also known as IDEA. The purpose of IDEA is to ensure that children with disabilities have access to a free, appropriate public education that emphasizes special education to meet their specific needs. This act also protects the student and parents right, while simultaneously providing the necessary tools for learning. IDEA also gave these students access to a team of professionals dedicated to their education.

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Individuals with Disabilities Education Act (IDEA)

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The U.S. Department of Education's Individuals with Disabilities Education Act website brings together department and grantee IDEA information and resources. The IDEA makes available a free appropriate public education to and ensures special education and related services to eligible children with disabilities.

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First, it required schools to provide a free appropriate public education to kids with disabilities. Second, schools are required to give parents a voice in their child's education. By doing this, more transparency was available between the parents and the services the school is providing. IDEA also provides early intervention to infants and toddlers up to age three who are showing signs of a disability.

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By Andrew M.I. Lee, JD

At a glance

IDEA is the nation's special education law.

Schools must find and evaluate students thought to have disabilities - at no cost to families.

To qualify for IDEA services, a child must have a disability and need special education to make progress in school.

To get special education services for a child, you have to follow a legal process. The most important law for this process is the Individuals with Disabilities Education Act (IDEA).

IDEA is the nation's special education law. It gives rights and protections to kids with disabilities. It covers them from birth through high school graduation or age 21 (whichever comes first). Parents and legal guardians also have rights under the law.

IDEA places two big responsibilities on states and their public schools.

Schools must find and evaluate students who may have disabilities, at no cost to families. This is known as Child Find. If a child has a qualifying disability, schools must offer special education and related services (like speech therapy and counseling) to meet the child's unique needs. These are provided through an Individualized Education Program (IEP). The goal is to help students make progress in school.

Second, schools have to give parents a voice in their child's education. At every point in the process, IDEA gives parents specific rights and protections. These are called procedural safeguards. For example, one safeguard is that a school must get consent from parents before providing services to kids.

The reach of IDEA goes beyond traditional public schools. It includes public magnet and charter schools. The law also provides early intervention services to infants and toddlers up to age 3. Finally, IDEA may impact some students in private schools.

Dive deeper

The history and purpose of IDEA

Who is eligible for services under IDEA

How to get services under IDEA

Tell us what interests you

About the author

About the author

Andrew M.I. Lee, JD is an editor and attorney who strives to help people understand complex legal, education, and parenting issues.

Reviewed by

Reviewed by

Myrna Mandlawitz, MEd, JD has worked for over 20 years as a consultant/lobbyist on special and general education.

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Individual with Disabilities Education Act (IDEA)

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IDEA is the nation's special education law. Schools must find and evaluate students thought to have disabilities - at no cost to families. To qualify for IDEA services, a child must have a disability and need special education to make progress in school.

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To be eligible for services under IDEA, students must fall under one of the following categories:
Autism
Deaf-blindness
Deafness
Hearing Impairment
Emotional Disturbance
Traumatic Brain Injury
Speech Impairment
...and others

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There are now better ways to track these students and their disabilities through something called an IEP, also known as an Individualized Education Plan. A team made up of teachers, administrators, counselors, and parents come up with a game plan for what supports the student best. The school is then responsible for following that plan and keeping an open line of communication. Teachers have had to step up to the plate and ensure all of their students are receiving the support they need, while following each individual plan. It is said that special needs students who went through school since the implementation of IDEA are twice as likely to have jobs than older adults with similar disabilities.

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The Individuals with Disabilities Education Act changed the landscape of schooling for children with special needs like no law before or since.

When Congress enacted it in 1975, Public Law 94-142-originally named the Education for All Handicapped Children Act-mandated that children with disabilities were entitled to a "free, appropriate public education" in the "least restrictive environment."

When possible, they should be educated with students in regular schools. Before IDEA, children with disabilities were often segregated or warehoused in state institutions with no guarantee of proper assessments or schooling. That meant more than a million children had no access to public schools. Some states specifically barred those with certain disabilities from attending regular schools, including those who were deaf or blind.

Central to the law is the Individualized Education Plan or IEP. Teams of teachers, administrators, counselors and parents come up with a strategy for what supports and accommodations a student will need to meet educational goals. It's up to the school to follow that plan.

"I have signed this bill very reluctantly. It promises more than the Federal Government can deliver and its good intentions could be thwarted by the many unwise provisions it contains." -Gerald R. Ford

Still, the effort to mainstream students hasn't been free of controversy. While advocacy groups push for more inclusion, the parents of some special needs students have fought to obtain placements for their children in special schools, which are sometimes more expensive than regular schools. School districts complain that federal funding for special education hasn't kept up with actual costs.

Inclusion also has tested teachers, who now must manage classrooms for students with a wide array of abilities and behaviors.

But IDEA's impact has opened the door to opportunities once out of reach for many disabled people. Special needs students who went through school since the implementation of IDEA are twice as likely to have jobs than older adults with similar disabilities who didn't benefit from the law.
Story by Margie Peterson

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The Individuals with Disabilities Education Act changed the landscape of schooling for children with special needs like no law before or since. When Congress enacted it in 1975, Public Law 94-142-originally named the Education for All Handicapped Children Act-mandated that children with disabilities were entitled to a "free, appropriate public education" in the "least restrictive environment."

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Now, more than ever, teachers, administrators, counselors, and therapists need to work together to ensure each student with a disability feels like their needs are not only met, but exceeded. IEP's are continuing to help improve a child's experience within a mainstream classroom, and parents feel more involved in their child's educational career. The advances we have made within the educational system are profound, and I cannot wait to see how it continues to improve throughout my teaching career.