HISTORICAL CONTEXT It is 42 years since Sam Kirk proposed the use of the term learning disabilities (LD) and I began my career in education. As a new seventh-grade history and English teacher, I was frustrated by my inability to teach, effectively, students who were unable to adequately read the textbooks and achieve academically at a level consistent with their intellectual abilities. Thus, I embarked on a career in special education. In 1967, I came to the Council for Exceptional Children (CEC) to work on national and state policy to advance the education of students with exceptionalities. The following year CEC and the Association for Children with Learning Disabilities, working with Senator Ralph Yarborough of Texas, developed and had introduced, along with Congressman Carl Perkins of Kentucky, the Children with Specific Learning Disabilities Act. The bill provided for research, professional development, and model programs in leaning disabilities. The following year the bill was enacted as Title VII of the Education of the Handicapped Act (PL 91-230). The CEC State-Federal Information Clearinghouse for Exceptional Children, which I directed, reported in 1970 that 18 states had policies directed at the needs of students with LD (CEC-SFICEC, 1970). The terms used to describe such students and the definitions of the terms varied widely. We found that children who possessed reading or other major learning problems were classified with 38 different terms (Weintraub, Abeson & Braddock, 1971). At the same time, the National Center for Educational Statistics (1970) found that while schools reported having one or more students with LD, 34% of schools provided no special education services to these students. The following five years were focused, in the courts, state legislatures, and the U.S. Congress, on establishing policies that would ensure that students with disabilities, including those with LD, would have available to them a public education and the special education services they required to benefit from an education. A milestone in this effort was the historic right-to-education case, The Pennsylvania Association for Retarded Children v. the Commonwealth of Pennsylvania (PARC). In determining whether there was a constitutional equal protection right to an education, the court had to decide that children with mental retardation, who had been excluded from public education, could benefit from an education. The state argued that since the children could not be expected to meet the standards expected of students in the schools, they could not benefit from an education. The court found that all mentally retarded persons are capable of benefiting from a program of education and training; that the greatest number of retarded persons, given such training, are capable of achieving self-sufficiency, and the remaining few, with such education and training, are capable of achieving some degree of self-care ... (334 F. Supp. 1257). Thus, the court embraced a view of equal educational opportunity that recognized equal access to differing resources for differing outcomes (Weintraub & Abeson, 1974). The right-to-education principle articulated in PARC was premised on the view that students were different in both how they learned and what they needed to learn, in contrast to the traditional view that the purpose of education is to provide students access to the same outcomes. The right-to-education movement culminated with the passage of Public Law 94-142, The Education for All Handicapped Children Act, now known as the Individuals with Disabilities Act (IDEA), which guaranteed students with disabilities a free appropriate public education (FAPE). Following the principles established in PARC, the law was procedural, rather than substantive, allowing a team of people to determine what was appropriate for a student. It was hoped that the education system would embrace the notion of celebrating outstanding achievement and that the student who, using of his ability, became a janitor would be as valued as the student who went to Harvard. …
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