The Education for All Handicapped Children Act 1975 or Public Law 94-142

          The Education for All Handicapped Children Act 1975 or Public Law 94-142 is the landmark 1975 federal law that first established the mandate that all school-age children with disabilities must receive a free appropriate public education (Bowe, 2007). Public schools were required to evaluate students with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of typically developing students. Public Law 94-142 served as a tool for the government to provide improved and equalized learning opportunities for all students. The federal government assumed responsibility and laid foundation for states to enact policies and guarantee services for the appropriate education of students with disabilities.

          Six key mandates are outlined in P.L. 94-142 and continue to serve as the guiding principle in serving students with special needs (Cengage.com). States receiving funds were required to comply with the federal mandates which include:

1. Zero Reject/FAPE. It specified that all children, regardless of ability, are guaranteed a free and appropriate public education (FAPE). Local school systems were mandated to serve children ages 6-17 (and ages 3-5 and 8-21 if state also educated nondisabled children in those age groups).
2. Nondiscriminatory Identification and Evaluation. This identified several essential safeguards which include assessments that were administered in a child's primary language, given by qualified personnel, tailored to address specific areas of need, comprised of more than one procedure, selected so as not to discriminate against the child's disability and administered by a multidisciplinary team in all areas related to the suspected disability.
3. Individualized Education Program (IEP). An IEP must be written for each student with an identified disability. Each IEP is uniquely designed to meet the individual needs of a particular student and an IEP team meets annually to develop or update the IEP. The IEP team consists of professionals, parents, and child, as appropriate.
4. Least Restrictive Environment (LRE). P.L. 94-142 mandates that "To the maximum extent appropriate, children with disabilities, including children in public and private institution or other care facilities, are to be educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occur only when the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."
5. Due Process. This is a system of checks and balances to ensure accountability and fairness for students with disabilities and their families.
6. Parental Participation. Parents have the right to be included in placement decision, IEP development and evaluation as well as the right to access their child's educational records. Schools should collaborate and communicate consistently with family members.

Outcomes:

          One of the fundamental outcomes of P.L. 94-142 involved a provision of services to children. No longer could the absence of a particular type of service, setting, or professional expertise serve as an excuse for denial of educational services or opportunity. Families were provided with assurances and a means to redress if educational services were believed to be less than appropriate or adequate for their child. The parents and family members are vital members of the IEP team in designing an educational program for their child.

         Public Law 94-142 underscores the importance of the collaborative process in designing an appropriate education for students with disabilities. Members of the IEP team include professionals from a variety of backgrounds as well as students, parents and other advocates. The resources and expertise of their colleagues in improving educational outcomes for students with disabilities must be utilized by the IEP team members.

          Early childhood special education (ECSE) professionals are strongly influenced by the values and tenets of special education and P.L. 94-142. Because of P.L. 94-142, all eligible children with disabilities are provided with a free appropriate public education by qualified professionals in the least restrictive environment appropriate to their individual needs (Findlaw.com). ALL children will have an opportunity to learn and have a chance at success.

Resources:

Bowe, F.G. Early Childhood Special Education Birth to Eight 4th ed. 2007. Thompson Delmar Learning, N.Y.

The Education for All Handicapped Children Act (PL 94-142) 1975. http://college.cengage.com/education/resources/res_prof/students/spec_ed/legislation/pl_9.
Retrieved on January 18, 2011.

The Education for All Handicapped Children Act (PL 94-142) 1975. http://public.findlaw.com/bookshelf-disability-rights-laws/anchor65310.html Retrieved on January 19, 2011.