Change

"You Can't":

The Rights and Responsibilities of Neurodivergent Children

“…If each parent would try in his own small way to do something to promote the general welfare of all mentally handicapped children, then the possibility of his own child’s being well treated and eventually helped would be that much greater…”

​​​​​​​Excerpt from letter, Bergen Evening Record; Laura Sparks Blossfeld, October 12, 1946. Courtesy The Arc of Bergen & Passaic

1950s

Advocacy groups began to organize. One such example was the formation of The Arc. Meeting in Minneapolis, MN, this organization asked Congress for full support for the International Research Plan on Intellectual Disabilities.

“What joy in our own household. Stephen was going to school like other children. I had been teaching him his letters and simple arithmetic… We had waited so long, we could wait longer; curriculum and teacher training would evolve out of accepting the children. The main thing was that Stephen really belonged in our community just like all the other children; from his acceptance would come acceptance for other children and for other needs.” Pearl Hurwitz, 1957

Parent groups throughout the country meet in Minneapolis, MN in 1950 to organize The Arc (originally the National Association of Parents and Friends of Retarded Children). Courtesy of The Arc.

1960s

Rosemary Kennedy, the younger sister of the President, was born with intellectual disabilities. The Kennedy family established foundations to determine causes and treatments. President Kennedy made intellectual disabilities an administrative priority and set up the National Institute of Child Health and Human Development.

The Kennedy Children, 1928.  (L-R) Jean, Bobby, Patricia, Eunice, Kathleen, Rosemary, Jack, and Joe Jr. Hyannis Port, MA, 1928. Courtesy John F. Kennedy Presidential Library and Museum.  PX 93-49:P16 (KFC 1239P)

“ The whole family was transformed because of Rosemary, there's no question about that. Jack and Eunice and Senator Kennedy and Bobby, all of them. And their wives. It's very clear. That's Rosemary's legacy. If there's a tragedy, there's also this incredible outcome, the way that they were able to effect change for millions of people around this country and around the world.” ​​​​​​​

​​​​​​​Rosemary: The Hidden Kennedy Daughter, author Kate Clifford Larson,  2015 JFK Library interview.​​​​​​​

President John F. Kennedy signed the Maternal and Child Health and Mental Retardation Planning Bill, the first major legislation to address and uphold the rights of persons with mental illness and intellectual disabilities. Realizing more than just facilities were needed, this legislation advocated to educate more teachers for the handicapped.

Bill signing – H.R. 7544, Maternal and Child Health and Mental Retardation Amendments, 11:30AM,            24 October 1963. Courtesy of JFK Collection White House Photographs

Remarks on signing Maternal and Child Health Care and Mental Retardation Planning Amendment, 24 October 1963. Courtesy of John F. Kennedy Presidential Library and Museum​​​​​​​

1965-67

President Lyndon Johnson signed the Elementary and Secondary Education Act, providing federal funding to promote equal access to quality primary and secondary education as a responsible means to fight poverty. Statistics from 1967 highlight how few special needs were served.

MR67: A first report to the President on the nation’s progress and remaining great needs in the campaign to combat mental retardation, 1967.

Courtesy of the Minnesota Government

MR67: A first report to the President on the nation’s progress and remaining great needs in the campaign to combat mental retardation, 1967. Courtesy of the Minnesota Government

Closer Look: The Worst Handicap of All?, 1968. Courtesy of the Disability History Museum. 

1969-72

The exclusion of 10,000 Boston children from public schools due to disability or language was noted by Hubie Jones, who founded the Task Force on Children Out of School. An investigative report, The Way We Go to School: Children Excluded in Boston, was published in 1970 and led to the first United States laws for bilingual education (1971) and special education (1972) Massachusetts Chapter 766. ​​​​​​​

We are Chapter 766. Courtesy of Massachusetts Advocates for Children--2012

The Way We Go To School: A Report To The Task Force on Children Out                 Of  School, 1970.  

Understanding the right to quality education was frequently hindered by the state's financial capacity to support programs. The first federal law addressing funding was Public Law 91-517.

Public Law 91-517 October 30, 1970. Courtesy of Government Information

Opinion, Brown v. Board of Education, May 17, 1954, Courtesy of the National Archives ​​​​​​​

The judges in P.A.R.C. v. Commonwealth of Pennsylvania determined that:

“It is the Commonwealth’s obligation to place each mentally retarded child in a free, public program of education and training appropriate to the child’s capacity.”
P.A.R.C. v. Commonwealth of Pennsylvania, 334 F. Supp. 279 (E.D. PA 1972) Courtesy of Disability Justice​​​

Supreme Court ruling, Brown v. The Board of Education (1954)​​​​​​​​​​​

"[Education] is required in the performance of our most basic public responsibilities...It is the very foundation of good citizenship. It is a principal instrument for awakening the child to cultural values, in preparing him for later...training, and in helping him to adjust normally to his environment. It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. The opportunity of any education, where the State has undertaken to provide it, is a right which must be made available to all on equal terms.” ​​​​​​--Brown v. Board of Education, May 17, 1954. Courtesy of the National Archives ​​​​​​​ ​​​​​​​​​​​​​​

This ruling set the legal precedent for the 1971 actions by the Pennsylvania Association for Retarded Children (P.A.R.C.) to secure social change.

Pennsylvania Message, June 1972. Courtesy University of Pittsburgh Library System

1973-78

Section 504 of PL 93-112, the Rehabilitation Act of 1973, is a civil rights law that outlines the right to a Free Appropriate Public Education whereas to protect this right the Handicapped Children Act of 1975 (PL 94-142) sets up the government’s​​​​​​​ responsibility and administrative procedures.

REHABILITATION ACT OF 1973 [Public Law 93–112], Approved September 26, 1973. Courtesy of U.S. Government Publishing Office


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 Public Law 94-142 94th Congress—Nov. 29, 1975. Courtesy of U.S. Government Publishing Office

The four purposes of the law were to:

  • ensure that all children with disabilities have a free, appropriate, public education

  • assure that the rights of children with disabilities and their parents are protected

  • assure that states and localities provide for the education of all children with disabilities

  • assess and ensure the effectiveness of efforts to educate all children with disabilities

“Before 1975, a majority of the then almost 4 million children with disabilities were denied meaningful participation in public education. Nearly half of that total were excluded entirely from public schools, and the rest were either placed in grossly inadequate, segregated classrooms or inaccessible or non-inclusive classrooms lacking meaningful supports.”  ​​​​​​​~NCD Statement on the 40th Anniversary of IDEA November 24, 2015; National Council on Disability

President Ford working in the Oval Office on March 25, 1975. Courtesy of David Hume Kennerly/White House photograph.                      Courtesy of Gerald R. Ford Library

President Ford signed PL 94-142, expressing concerns about inadequate funding.

“Unfortunately, this bill promises more than the federal government can deliver, and its good intentions could be thwarted by the many unwise provisions it contains.”  ​​​​​​​

Statement by President Ford Regarding the Education for All Handicapped Children Act of 1975. Dec. 2, 1975

The immediate reaction by state school districts to federal ruling PL 94-142 reflected the responsibility for specialized teacher training and the additional costs to administer the programs as summarized in this newspaper article:

“It should dramatically improve educational opportunities for the nation’s eight million mentally and physically handicapped youngsters…. At the moment, however, only three things seem certain: The law will have a direct and forceful effect on virtually every public school with added burdens of bureaucracy and red tape, it demands large numbers of specially trained and retrained teachers, and state and local costs inevitably must rise to meet new federal demands.”                                                                       ~G.K Hodenfield, Daily News, Bowling Green, KY,    June 19, 1977. ​​​​​​​

Daily News, Bowling Green, KY, June 19, 1977. ​​​​​​​