Why We Have Special Education Law: Legal Challenges to the IDEA

In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court clarified the primary purpose of the law, that is the obligation of public schools to provide eligible students with a free appropriate public education. In this article we (a) examine the legal underpinnings of special education in the IDEA, (b) analyze legal challenges to IDEA, focusing on the U.S. Supreme Court's efforts to define the IDEA-mandated free appropriate public education (c) focus on the limits of the law to require scientific solutions for improving special education and (d) offer potential solutions to these challenges in the law and in the federal government's efforts to improve special education.