Public Law 94-142 represents the cornerstone legislation which mandates that public schools provide educational services for students with disabilities ages 5 to 21 years. This law was passed after years of advocacy by parents and national organizations representing individuals with disabilities. It is important to remember that PL 94-142 is a relatively young piece of legislation.
Since 1975, special education programs in public schools throughout the United States have developed and evolved into a complex and comprehensive system of services. The law ensures that children who are suspected of having a developmental disability will be evaluated by a team of professionals and if services are required, they will be provided in the least restrictive environment. Consideration is always given first to the public school setting and the regular classroom. If a child with a developmental disability cannot benefit from a setting with typical peers, then a more specialized program with therapeutic services is developed to meet his needs. Special education has become a large network of public, nonpublic and residential programs. It is remarkable that an entire national system was successfully implemented within a quarter of a century. But let us be clear that the system developed for a reason.
Prior to 1975, public schools were not required to provide services to special education children and as a result, most of them did not. Since students with disabilities represent approximately 7% of the school age population, they were and remain to be a minority group. The problems faced by minority groups during the civil rights movement in the 1960s created the foundation for the disability movement in the 1970s and 1980s to establish the rights of individuals with disabilities to be part of mainstream society. The prejudices related to the disabled are noteworthy and legendary. Aside from limited options in public school settings, there were even fewer opportunities in work settings. For centuries, individuals with disabilities were placed in asylums and residential settings. The Willowbrook story was one of many stories which came to the forefront about abuses in residential settings.
If there is one thing that Public Law 94-142 has taught all of us, it is that individuals with disabilities can contribute to and participate in mainstream society. Most Americans have embraced the diversity within our unique American culture. It has taken years, but individuals with disabilities are finally being accepted into work environments. Any corporation that accepts Federal money is required to make physical modifications to accommodate the abilities and needs of developmentally disabled adults. Approximately 75% of all companies with Federal contracts hire individuals with disabilities. Companies that do hire often realize pragmatic as well as altruistic benefits. Individuals with disabilities can be highly productive employees with excellent performance and attendance records. By encouraging private businesses to hire individuals with disabilities, society retains taxpayers instead of having to provide disability payments for individuals who cannot find employment. From the corporation’s perspective, many typical employees become involved with support and assistance creating a corporate image which is much more humanistic as far as the public is concerned. So there are pragmatic as well as social underpinnings which ultimately make the employment of individuals with disabilities good business sense. American society has come a long way in a very short time!