Children with disabilities deserve an education

Public Law 94-142, the Education for All Handicapped Children Act of 1975, was enacted because states had failed to provide children with disabilities with an adequate education.

Before this federal law, millions of children with disabilities were excluded from public schools, placed in inappropriate settings without proper support, or left without an education entirely.

States and local school districts had total control over special education, and the result was a patchwork of neglect, discrimination and denial of basic rights.

The need for federal action on special education became undeniable after Pennsylvania’s PARC v. Commonwealth of Pennsylvania consent decree in 1972. The Pennsylvania Association for Retarded Citizens sued the state, arguing that children with intellectual disabilities were being denied access to public education.

The case resulted in a landmark ruling that guaranteed these children the right to a free public education, setting a legal precedent that Congress could not ignore.

This decision, along with similar cases such as Mills v. Board of Education in Washington, D.C., exposed the widespread exclusion of children with disabilities from schools across the country.

It was the PARC case that caught Congress’ attention and demonstrated the urgent need for national legislation, ultimately leading to the passage of Public Law 94-142.

Without federal intervention, states had shown they were unwilling or unable to provide an education for all students, making strong federal protections essential.

It was only when the federal government stepped in that meaningful protections were established, ensuring that every child, regardless of disability, had access to a free appropriate public education.

Now, some legislators suggest returning control over special education to the states, undoing decades of progress.

This would be a catastrophic mistake.

Public Law 94-142 was necessary precisely because states had failed these children in the past. Without federal oversight, states would once again be free to set their own standards, which could lead to a rollback of hard-won rights and protections.

If history has taught us anything, it is that states, left to their own devices, do not prioritize students with disabilities. Federal law guarantees that these students are not pushed aside, ignored, or denied the education they deserve.

A key provision of Public Law 94-142 was the requirement for individualized education programs, ensuring that children with disabilities receive services tailored to their needs. States never established such protections on their own. The law also mandated that students be educated in the least restrictive environment, giving them the chance to learn alongside their peers whenever possible.

Without federal enforcement, states could return to warehousing children with disabilities in separate, underfunded programs or denying them services entirely.

One of the most significant aspects of Public Law 94-142 was the establishment of due process protections for parents. Before the law, parents had little to no recourse when schools refused to provide services. The law gave them the right to challenge decisions, ensuring that schools were held accountable.

If special education is handed back to the states, these rights could be weakened or eliminated, leaving families without the tools they need to advocate for their children.

Special education must remain a federal responsibility because the rights of children with disabilities should not depend on where they live. A child in Pennsylvania should have the same legal protections as a child in Texas or California.

Allowing states to set their own standards will inevitably lead to inequality, with some states maintaining strong programs while others cut funding and reduce services. This would return us to the very conditions that made Public Law 94-142 necessary in the first place.

The argument that states should have greater control over special education ignores the reality of why federal intervention was required. It was not the federal government that failed students with disabilities for decades; it was the states.

Public Law 94-142 was not enacted in a vacuum; it was a direct response to state failures, discrimination and neglect. Rolling back federal oversight is not about improving education for children with disabilities; it is about weakening the very protections that allow them to receive an education at all.

Instead of moving backward, legislators should focus on strengthening and expanding the federal protections that have transformed the lives of millions of students.

Children with disabilities deserve a system that puts their rights and needs first, not one that places them at the mercy of political decisions at the state level.

Public Law 94-142 set a national standard that must be preserved. To undo it would be to abandon the very children the law was meant to protect.

Jerry Zahorchak is a former secretary of the Pennsylvania Department of Education and superintendent of Greater Johnstown School District. His 35-year career in public education also included time as a teacher and football coach.

Children with disabilities deserve a system that puts their rights and needs first, not one that places them at the mercy of political decisions at the state level.

tribdem@tribdem.com