Terman D L, Larner M B, Stevenson C S, Behrman R E
Future Child. 1996 Spring;6(1):4-24.
Twenty years ago, the educational rights of students with disabilities were dramatically and firmly established in law and practice. Prior to that time, many students were refused enrollment or special educational services. As recently as 1973, at least one million students were denied enrollment in public schools solely on the basis of their disabilities, and at least two million others were not receiving an education appropriate to their needs. Although every state has provided some form of special education throughout this century, these services were largely at the discretion of local school districts. Only since a federal court case in 1972 and the passage of federal legislation in 1975 have all states been mandated to provide a free, appropriate public education to all students with disabilities. Today, as Parrish and Chambers point out in this journal issue, special education for students with disabilities is the largest categorical program in public schools, costing an estimated $32 billion. Since the passage of Public Law 94-142 in 1975 (later retitled the Individuals with Disabilities Education Act, or the IDEA), the number of elementary and secondary students receiving special education has increased from 3.7 million to 4.6 million, increasing also from 8% to 11% of all students in public schools. According to Parrish and Chambers, the population of students eligible for special education is expected to continue to rise. The IDEA governs the educational rights of individuals from birth to age 21, though only students in elementary and secondary school are addressed in this journal issue. The IDEA allowed access to the public schools for many students who had previously been denied enrollment. The IDEA has also been given partial credit for decreasing the rate of institutionalization of individuals with disabilities. Before the IDEA, many parents had the sole responsibility of meeting all the needs of their severely disabled children 24 hours per day; once schools began to provide extensive services to students with severe disabilities, more families were able to avoid institutionalization. Under the IDEA, states and local districts were given a mandate to provide specialized educational programs to students with special needs, and students and parents were given a mechanism for enforcement of their rights. In a 1989 survey, 94% of parents of students with disabilities agreed that services for these students had improved since the implementation of the IDEA. Yet special education today is widely criticized as expensive, ineffective, inadequately coordinated with regular education, and/or culturally biased. The National Association of State Boards of Education has recommended radical reduction in the size of special education. Special education also has its champions, who argue that many students perform better academically and have better self-esteem when provided with special services, often in a separate setting. This analysis addresses five questions concerning special education under the IDEA: (1) Why are so many students considered disabled? (2) What are the educational needs of students with disabilities? (3) How should appropriate, individualized services be funded? (4) Are the IDEA's procedural protections necessary? (5) Can regular education meet the needs of more students?
二十年前,残疾学生的受教育权在法律和实践中得到了显著且稳固的确立。在此之前,许多学生被拒绝入学或无法获得特殊教育服务。就在1973年,至少有100万学生仅仅因为残疾而被公立学校拒绝入学,另有至少200万学生没有接受适合其需求的教育。尽管在整个20世纪,每个州都提供了某种形式的特殊教育,但这些服务在很大程度上由当地学区自行决定。直到1972年的一起联邦法院案件以及1975年联邦立法的通过,所有州才被要求为所有残疾学生提供免费、适当的公共教育。如今,正如帕里什和钱伯斯在本期杂志中所指出的,为残疾学生提供的特殊教育是公立学校中最大的分类项目,估计花费320亿美元。自1975年《第94-142号公法》(后来重新命名为《残疾人教育法》,即IDEA)通过以来,接受特殊教育的中小学生人数已从370万增加到460万,在公立学校所有学生中的占比也从8%增至11%。据帕里什和钱伯斯称,符合特殊教育条件的学生人数预计将继续上升。IDEA规定了从出生到21岁的个人的受教育权,不过本期杂志只讨论了中小学学生的情况。IDEA使许多以前被拒绝入学的学生能够进入公立学校。IDEA在降低残疾人机构收容率方面也获得了部分功劳。在IDEA出台之前,许多家长每天要独自承担满足其重度残疾子女所有需求的责任;一旦学校开始为重度残疾学生提供广泛服务,更多家庭便能够避免将孩子送入机构。根据IDEA,州和地方学区被要求为有特殊需求的学生提供专门的教育项目,学生和家长也有了维护自身权利的机制。在1989年的一项调查中,94%的残疾学生家长认为自IDEA实施以来,为这些学生提供的服务有所改善。然而,如今特殊教育受到广泛批评,被指费用高昂、效果不佳、与普通教育协调不足以及/或者存在文化偏见。国家州教育委员会协会建议大幅缩减特殊教育的规模。特殊教育也有其支持者,他们认为许多学生在接受特殊服务时(通常是在单独的环境中)学业表现更好,自尊心更强。本分析探讨了与IDEA下的特殊教育相关的五个问题:(1)为什么有这么多学生被认定为残疾?(2)残疾学生有哪些教育需求?(3)如何为适当的个性化服务提供资金?(4)IDEA的程序性保护是否必要?(5)普通教育能否满足更多学生的需求?