Education for All Handicapped Children Act of 1975

Identification U.S. federal legislation

Date Enacted on November 29, 1975

This landmark legislation provided free and appropriate public education in the least restrictive environment for all children with disabilities, regardless of the severity of their disability. The act was part of an overall broadening of civil rights in education during the 1970’s that also included expanding rights for girls and women and improving funding for schools in poorer areas.

In 1975, Congress discovered that many children with disabilities were not having their educational needs fully met or were being excluded from public school because of the specific nature of their disability. This information led to the passage of Public Law 94-142, the Education for All Handicapped Children Act. This legislation changed education in the United States and affected the roles of teachers, families, school administrators, and society. This law was passed by a collaborative effort of educators, parents, and concerned citizens advocating for the equal treatment of and full educational opportunities for children with disabilities.

The act mandated that all children with disabilities between the ages of three and twenty-one receive free, appropriate public education regardless of the type of disability and at public expense. Although Congress has amended the act several times since its passage, six major principles remain unchanged from 1975: zero reject, nondiscriminatory testing, appropriate education, least restrictive environment, due process, and parent participation.

According to the law, schools must develop and implement an individualized education plan (IEP) that addresses the unique needs of the child. The principle of zero reject was included to ensure that all children with disabilities would receive appropriate educational opportunities. The identification of the child’s needs and how best to address those needs must be determined by nondiscriminatory testing. Testing must be administered in the child’s native language and be free from cultural or racial bias. Placement and other decisions cannot be made on the basis of one test. Through a collaborative process between parents and teachers, the child with the disability must be placed in the least restrictive environment to the maximum extent possible and with age-appropriate, nondisabled peers. Due process was included to protect the rights of children and their families and to ensure that confidentiality is maintained. Finally, parent participation was included to ensure that families had a voice in the development of their child’s IEP.

Related services such as special transportation and physical, occupational, and speech therapy were included as provisions to ensure that the child with the disability would receive maximum benefit from special education services.

Impact

This legislation had a significant impact on the educational system and society and improved the quality of life for families of children with disabilities and their families. By receiving adequate services and support, many individuals with disabilities were able to achieve at levels that were once considered impossible. Many individuals with disabilities were able to graduate from high school, go to college or vocational school, and become gainfully employed.

Bibliography

Hehir, Thomas, ed. Special Education at the Century’s End: Evolution of Theory and Practice Since 1970. Cambridge, Mass.: Harvard Education, 1992.

Turnbull, H. R., and A. P. Turnbull. Free Appropriate Public Education: The Law and Children with Disabilities. 6th ed. Denver: Love, 2000.