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Brown vs. Board of Education
A name given to 5 separate cases that were heard by the U.S. Supreme Court regarding segregation in public schools. Ruled that segregating children by race violated Equal Protection Clause of 14 Amendment
The case states: "We conclude that in the field of public education the doctrine of separate but equal has no place. Separate educational facilities are inherently unequal..." https://disabilityjustice.org/right-to-education/ -
Public Law 88-164- Mental Retardation Facilities and Community Health Centers Construction Act
"To provide assistance in combating mental retardation through grants for construction of research centers and grants for facilities for the mentally retarded and assistance in improving mental health through grants for construction of community mental health centers, and for other purposes." This law authorized funds for training special education providers and was part of a strong initiative of President Kennedy. https://catalog.archives.gov/id/299883 -
Elementary and Secondary Education Act of 1965
President Johnson signed the Elementary and Secondary Education Act (ESEA) as a part of the war on poverty at the time. This act provided resources for low-income students through federal grants that aided with the cost of materials, special education centers, as well as scholarships. These grants improved educational quality and opportunity. It was the first federal grant program that specifically addressed children and youth with disabilities. https://blog.ed.gov/2015/04/what-is-esea/ -
Mills vs. Board of Education
The D.C. government and school system noted a legal duty to not prioritize funds for non-disabled children. The Court held that no child could be denied a public education because of “mental, behavioral, physical or emotional handicaps or deficiencies.” It was also ruled that failure to provide an education could not be blamed on a lack of funds or resources and that available funds must be expended equitably to children regardless of ability. https://disabilityjustice.org/right-to-education/ -
Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
This landmark case began many court decisions that ruled that children with intellectual and developmental disabilities (IDD) have the right to free, quality education. This movement was partly a recognition of the civil rights movement and an example the courts could be used for educational rights and improved legislation. https://disabilityjustice.org/right-to-education/ -
Section 504 of the Rehabilitation Act of 1973 (PL 93-112)
A civil rights law that prohibits discrimination on the basis of disability. States that it is unlawful to deny an individual participation in activity or program because of their disability. Has a broader criteria of eligibility than IDEA 2004- including children with chronic absences, behavioral and academic concerns, and needs for various additional supports. This law is thought to be a bridge between general and special education supports. https://www.parentcenterhub.org/section504/ -
Education for All Handicapped Children Act of 1975- PL 94-142
The most complete precursor to IDEA 2004 as we know today. This law emphasized access to services and special education and established Individual Education Programs (IEP’s) and the goal of providing the Least Restrictive Environment (LRE) as possible for a child with a disability. This measure took effect in 1977. https://www2.ed.gov/policy/speced/leg/idea/history.html -
Larry P. v. Riles
Following a suit filed in 1971 by parents of African American children in Northern California that felt their child was placed into inappropriate special education settings on the basis of discrimination. Ruled that children should not be labeled handicapped or be placed in special education settings without proper diagnosis that incorporates cultural and language differences and backgrounds. https://www.clearinghouse.net/detail.php?id=13908 -
Jose P. v. Ambach
Class action lawsuit involving the rights of students with disabilities to be adequately evaluated and placed into appropriate educational services in the New York City public schools. Particular focus was on bilingual children with disabilities and their right to proper evaluation and consideration of language needs and backgrounds. http://journals.sagepub.com/doi/abs/10.1177/001440298605200402?journalCode=ecxc -
Board of Education of the Hendrick Hudson Central School District v. Rowley
Important case bringing up the importance of a lack of funding. Rules that a child with disabilities is entitled to an adequate education, but not one requiring the use of excessive resources. First time a court decision brought up the fact that resources for all public education is limited, and there were limited resources children with disabilities could be offered. https://supreme.justia.com/cases/federal/us/458/176/ -
Education of the Handicapped Act Amendments of 1986- Public Law 99-457- IDEA
The amendments to the original law of 1975 incorporated the realization of the importance of early intervention for children with disabilities and allocated funds to states to develop interventions beginning at birth. The title was changed to Individuals with Disabilities Education Act (IDEA) https://www.parentcenterhub.org/ei-history/ -
Polk v. Central Susquehanna Intermediate Unit 16
A case in response to the Education v. Rowley of 1982. States that although services cannot be excessive with limited budgets, they must be adequate, and not lacking- must provide enough support for the child with a disability to be able to benefit from academic instruction. https://openjurist.org/853/f2d/171/polk-v-central-susquehanna-intermediate-unit -
Honing v. Doe
Case decided by the Supreme court after students with disabilities should not be suspended/excluded from class from behavioral outburst pertaining to their disability. https://supreme.justia.com/cases/federal/us/484/305/ -
Americans with Disabilities Act
The nation's first comprehensive civil rights law that addressed the discrimination of people with disabilities in the areas of employment, public services, public accommodations, telecommunications, etc. https://www.eeoc.gov/eeoc/history/35th/1990s/ada.html -
No Child Left Behind Act- PL 107-110
A reauthorization of the Elementary and Secondary Education Act of 1965 (ESSA). Major education legislation in George W. Bush administration. The goal of this act was to create standards and accountability for all students by requiring schools to present test data to prove effectiveness of teaching and knowledge gained. It was to ensure students who were at a disadvantage had the opportunity for academic proficiency. (Controversial) https://www.congress.gov/bill/107th-congress/house-bill/1 -
Individuals with Disabilities Education Act (IDEA)
Reauth of Education for All Handicapped Children Act of 1975. Major changes included requirements that special ed teachers must have a license to teach. IEP plans must reflect evidence-based practices in their goals, and a transition plan for students into the community and employment. Supported research and training for special ed and is a key legislation to modern day special ed. http://www.specialeducationadvisor.com/special-education-laws/individuals-with-disabilities-education-act-idea/ -
Every Student Succeeds Act (ESSA)
Signed into law by President Obama. Reauthorization of ESEA (1965) and NCLB (2001-2002). Allowed some flexibility to states regarding specific requirements of NCLB in exchange for new and improved comprehensive plans developed by states to try and close achievement gaps, increase equity and quality of instruction, and achievement outcomes for all students regardless of identity. https://www.ed.gov/essa