O'Connor v. Donaldson

In 1975 an important law was passed guaranteeing "free, appropriate public education" to children with physical, mental, or emotional disabilities--from birth to age 21, or high school graduation. According to the Department of Education, approximately 5.8 million children in the United States were disabled.

Federal funds are provided to public schools who agree to provide "appropriate" instruction to students deemed "eligible." The test for appropriateness depends upon the child's disability. A written evaluation is required to determine each disabled student's needs. The Individuals with Disabilities Education Act (IDEA) mandates an Individual Education Program (IEP) be prepared for each student which addresses his or her specific educational needs, and the means for meeting them.

IDEA was initially named the Education for All Handicapped Children Act. IDEA has been amended several times since 1975. The original intent was to provide public education for disabled children who otherwise would have been educated at home, or in an institutional setting. According to the Department of Education, a 1997 amendment to IDEA " . . . strengthens academic expectations and accountability."