Before Federal Oversight: What Special Education Looked Like Before IDEA & the U.S. Department of Education

Today, families often hear phrases like “We can’t provide that,” or “That’s not how we do things here,” or “You’re asking for too much.”

But what many people don’t realize is this:

The special education system we know today only exists because parents before us fought for it.

And federal oversight became necessary not because schools were doing too much—but because thousands of children were being denied even the most basic access to public education.

Understanding where we came from helps us understand why parent advocacy matters so deeply now.

Children With Disabilities Were Commonly Excluded From Public Schools

Before IDEA was passed in 1975, and before the U.S. Department of Education was established in 1979, children with disabilities were not guaranteed the right to attend public school.

In many districts, it was common for administrators to tell parents:

“We do not have a program for your child.”

And that was the end of it.

Children with disabilities—including autism, ADHD, Down syndrome, intellectual disabilities, emotional disabilities, or physical disabilities—could legally be turned away.

No evaluation.

No accommodation.

No discussion.

Just exclusion.

Institutionalization Was Often the Default

Without access to school, many children were placed in:

• State institutions

• Psychiatric hospitals

• Residential facilities

Not because they needed medical or residential treatment, but because the educational system refused to serve them.

Many of these institutions were:

• Overcrowded

• Understaffed

• Unsafe

• Dehumanizing

Families had few alternatives.

Even When Schools Accepted Students, Services Were Minimal or Segregated

If a child was allowed to attend school before federal oversight, the services were extremely limited.

Common realities included:

• Segregated rooms or basements with no curriculum

• No individualized instruction

• No supports, no goals, no data

• Little to no academic expectations

• No integration with peers

• No staff training

Children were supervised—not educated.

There was no standard, no accountability, and no federal requirement to even attempt to meet a child’s needs.

Parents Had No Rights and No Due Process

Before federal law recognized parent participation, families had:

• No right to challenge school decisions

• No right to see evaluations or educational records

• No right to request an IEP meeting

• No right to be included

• No right to consent before changes were made

If a school said “no,” that was the final answer.

Parents were completely powerless.

Funding and Services Varied Dramatically

Without federal oversight, each state—and sometimes each district—decided:

• Whether to fund special education

• How much to invest

• Who qualified

• What services existed

This created massive inequities.

A child’s education depended entirely on where they lived, not what they needed.

No Evaluations, No IEPs, No Data-Driven Decisions

Before IDEA, there were:

• No mandated evaluations

• No individualized plans

• No behavior intervention guidelines

• No accommodations or modifications

• No requirements to progress monitor

Educational decisions were made based on what was convenient for the system—not what was appropriate for the child.

Landmark Court Cases Forced Change

Before Congress acted, parents took schools to court. Two cases changed history:

PARC v. Pennsylvania (1971)

Ruled that children with disabilities cannot be denied access to public education.

Mills v. Board of Education (1972)

Ruled that schools must provide due process and cannot refuse services due to cost.

These cases laid the foundation for what would become federal special education law.

The Creation of the U.S. Department of Education (1979)

Federal oversight became necessary because:

• States were not consistently following disability rights rulings

• Children were still being excluded

• Special education was still inequitable and unregulated

The Department of Education was established to:

• Enforce IDEA

• Monitor state compliance

• Support consistent, equitable services for students with disabilities

Federal oversight brought accountability to a system that desperately needed it.

Why This History Still Matters Today

When parents advocate, question decisions, or request data, some school teams interpret it as “difficult” or “demanding.”

But the truth is this:

Parents are the reason protections exist.

Parents are the reason children with disabilities can attend school.

Parents are the reason IDEA became law.

The system changed because families refused to accept exclusion, segregation, and silence.

And every time you advocate for your child today, you are continuing that legacy—ensuring that access, dignity, and opportunity are not negotiable.