Supplemental Information >
A
Historical Perspective
1954 Brown vs. Board of Education: determined
that education must be available to all children on equal terms.
1965 Head Start: established through the Economic
Opportunity Act, Head Start was designed to serve children ages
3-5 who were from poverty environments and was based on the assumption
that children who received early intervention services would be
less likely to fail in public school.
1968 Handicapped Children's Early Education Program
(Pre-school): often called the most successful federal
program ever, and continues to exist today with other 80% of the
funded programs continuing after federal funding has ended. Through
this law, model demonstration sites are developed using a wide
range of service delivery models with the intent that the projects
would be replicated.
Institution Period: Many individuals with disabilities
were placed in institutions. Public programs were not available.
Parents were encouraged to place their children in institutions,
that the children were "a burden," to walk away and
forget about their child.
1969-72
- Wolf vs. Utah
- PARC and Mills
- FAPE
First usage of the term, "FAPE," Free Appropriate
Public Education. Beginning of deinstitutionalization
Regional Special Programs: Day programs developed
to serve individuals with disabilities were generally one program
serving several communities. This was the only option available
to people with disabilities. Regional special programs included
cerebral palsy centers and programs run by Arcs (Associations
for Retarded Citizens). The programs were not associated with
public schools.
1972 Children with Disabilities in Head Start:
added a requirement that 10% of children in Head Start programs
were children with disabilities. This was recognized as reflecting
the national commitment to providing comprehensive services to
children with disabilities.
1973 Sec. 504 of the Rehabilitation Act: legislation
that determined that people with disabilities had the right to
access services and programs in any place receiving federal dollars.
1975 PL 94-142: The Education of All Handicapped
Children Act required public schools to provide an educational
program to identified children with disabilities. This law was
driven in large part by parents who wanted their children with
disabilities to receive a public school education.
Congress found that there were 8 million children with disabilities
in the U.S., more than half were not receiving appropriate educational
services and one million children with disabilities were excluded
from the public school system.
Local Special Programs: Program located in
the school, but there would often be only one program serving
all students with disabilities in grades K-12.
1978-83: Maine established a system for preschool
services for children with disabilities. This was later called
Child Development Services.
1986 PL 99-457: the EHA was amended to included
children age three to age five, extending the rights and protections
of the EHA to these children. All states were required to establish
this mandate within five years, and by 1991 all states had done
so. This amendment also provided incentives to states for establishing
services for children with disabilities, ages birth to 2. By 1991,
only few states had mandates for infant services.
Local Special Class: Similar to local special
programs, often there was more than one program within a school
system, i.e., at the elementary (K-5), middle (6-8) and high school
(9-12) levels. Mainstreaming practices were beginning and you
might see children with disabilities at lunch, art, and recess.
Local Individualized Special Program: Specific
programs for specific disabilities were developed. (i.e. Learning
Disabilities, Mental Retardation or Behavior). Began to see kids
with disabilities in some classrooms or maybe in homeroom as well
as lunch, recess art, music, etc. Kids had to prove they could
do things before they were allowed to participate in classes with
their peers.
1989 Timothy W. vs Rochester, NH: Landmark
case where the parents of a child with multiple disabilities argued
for the right of their son to continue his education regardless
of the severity of disability. (Parents prevailed)
1990 Reauthorization of EHA, renamed The Individuals
with Disabilities Education Act (IDEA): Emphasis on least
restrictive environment with the onus on the school to show why
a student could not be included. A shift from the student having
to demonstrate why they should/could be included. The six principals
of this law were: free appropriate education, appropriate evaluation,
individualized education plan (IEP), least restrictive environment,
parent and student participation in decision making and procedural
due process.
1990 The Americans with Disabilities Act (ADA):
strengthened the rights of individuals with disabilities to equal
access to areas from which they had previously been excluded.
1991 IDEA - Part H: was reauthorized and provided
changes in the requirements for the provision of services for
children with disabilities ages birth to 2.
1993 Oberti vs. Clemonton: Landmark case where
the parents of a child with Down Syndrome argued for the right
of their child to attend a regular kindergarten class, (parents
prevailed). This further strengthened the rights of children to
receive an education in the least restrictive environment - starting
with the regular classroom.
1994 Goals 2000: National Education Reform
Act designed to raise standards of education for ALL learners
includes eight national goals: all children will start school
ready to learn; high school graduation rate will increase to 90%;
demonstrated competencies in challenging subjects at grades 4,
8, & 12; US students will be the first in the world in math
and science; all adult Americans will be literate, have skills
necessary to compete in a global economy, exercise the rights
and responsibilities of citizenship, school will offer an environment
conducive to learning, be drug free and safe (violence and firearms);
and schools will promote partnerships to enhance parental involvement
that promotes the social, emotional and academic growth of children.
1994 School to Work Opportunities Act: Created
to improve the preparation of ALL students as they transition
from school to work. This includes post secondary education, joining
the workforce immediately or a combination of these pursuits.
Maine received the STWOA grant, Maine's Career Opportunities 2000
(CO2), in 1994.
Restructuring for all students: Major emphasis
on including all students in regular classroom environments. Inclusive
practices are becoming more commonplace. Supports are brought
to the students in the classrooms instead of in pull-out settings.
1995 Improving America's School Act (IASA):
formerly called the Elementary and Secondary School Act. Includes
support to enable ALL students to meet challenging state standards
by focusing on high standards for ALL students; professional develop
to help teaching staff acquire the skills necessary to help ALL
students achieve these high standards; flexibility in stimulating
local initiatives linked with responsibility for results; and
promotes partnerships between schools, parents and communities.
1996-1997 Maine's Learning Results: An Act
to Initiate Educational Reform in Maine. The legislation established
high standards for what ALL students should know and be able to
do before they complete their public school experience. The Learning
Results include Guiding Principles, Eight Content Areas and Content
Standards. Legislative Intent serves as a foundation for educational
reform, promotes the assessment of students for learning, reinforces
accountability and encourages equality.
1997 Reauthorization of IDEA - PL 105-17: This
law extends the provisions of the Individuals with Disabilities
Education Act (IDEA). Student's involvement in and progress in
the general curriculum is emphasized. IEP goals and student assessments
are based on the general education curriculum. Students with disabilities
are to be included in the state and district-wide assessment programs
with appropriate accommodations where necessary. For any student
who cannot participate, the state and district must make an alternate
available. The assessment data on a student with disabilities
must be included in the data collection systems.
"The law and this bill contains the presumption that
children with disabilities are to be educated in regular classes..."
U.S. Senate Committee on Labor and Human Resources 1997
November 1999 Maine Special Education Regulations (MSER)
CHAPTER 101: This rule governs the provision of equal
educational opportunities/free appropriate public education (FAPE.)
in the least restrictive educational alternative to all students
with disabilities between the ages of 5 and 20 enrolled in the
schools who are residents of the State of Maine. This rule is
based on the 1997 Reauthorization of IDEA - PL 105-17.
Center for Community Inclusion, Maine's UAP Handout 1.3 Foundations
of Inclusive Education
