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History of Special Education Law
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CEC is founded
In the summer of 1922, a group of students attending the Teachers College at Columbia University organized a meeting to discuss ways to promote fellowship among educators as well as a means of exchanging ideas among workers in special education. The students invited Elizabeth Farrell, their professor, to attend this meetingat which the International Council for the Education of Exceptional Childrenwas founded, and later became known as the Council for Exceptional Children. -
Cuyahoga Council for Retarded Children founded
The Council for the Retarded Child in Cuyahoga County Ohio was founded in 1933 to assist children of the area who had been excluded from the public schools. -
National Association for Retarded Citizens (The ARC) is founded
Several factors appear responsible for the establishment of ARC: (1) widespread exclusion from school of children with IQ’s below 50; (2) an acute lack of community services for retarded persons; (3) long waiting lists for admission to residential institutions; (4) parental dissatisfaction with the conditions in many state institutions; (5) the vision of leaders who believed that mutual assistance could bring major benefits in public relations, exchange of information -
Brown v. the Board of Education
Brown V Board of Education “In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be available to all on equal terms.”
-Chief Justice Earl Warren- -Chief Justice Earl Warren- -
Kennedy's influence
JFK made mental retardation a priority for his new administration - formed the.Panel on Mental Retardation. In 1968, Eunice Shriver founded the Special Olympics. Anthony Shriver co-founded Best Buddies, an organization that creates opportunities for people with intellectual and developmental disabilities. -
The Elementary and Secondary Education Act of 1965
the most expansive federal education bill ever passed to date, on April 9, 1965, as a part of President Lyndon B. Johnson's "War on Poverty." Provided a comprehensive plan for readdressing the inequality of educational opportunity for economically underprivileged children. It became the statutory basis upon which early special education legislation was drafted. It was the first Federal grant program specifically targeted for children and youth with disabilities -
PARC v the Commonwealth of PA
This seminal case contested a state law that specifically allowed public schools to deny services to children "who have not attained a mental age of five years" at the time they would ordinarily enroll in first grade. Under a consent decree, the state agreed to provide full access to a free public education to children with mental retardation up to age 21. Also established the standard of appropriateness - that each child be offered an education appropriate to his or her learning capacity -
Mills v Board of Education
The school district admitted that an estimated 12,340 children with disabilities would not be served during the 1971–72 school year because of budget constraints. The U.S. District Court ruled, in a pretrial hearing, that school districts were constitutionally prohibited from deciding that they had inadequate resources to serve children with disabilities because the equal protection clause of the Fourteenth Amendment. Also extended rights to students with mental illness -
Section 504 of the Rehabilitation Act
Protects qualified individuals from discrimination based on their disability. Applies to organizations that receive federal money. Provides equal access. -
The Education for All Handicapped Children Act of 1975 (P.L. 94-142)
The most complete precursor to IDEA ..This was the law establishing IEP’s (Individual Education Programs) and the concept of LRE (Least Restrictive Environment). The importance of the IEP mandate cannot be overstated. This Act went into effect in 1977 after all its details were agreed upon. to get federal money - states had to develop FAPE policy. 33% of funding for SPED promised but not delivered! -
Hendrick Hudson Central School District Board of Education v.Rowley
“We hold that the state satisfies the FAPE requirement by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction”
Two fold inquiry• Has the state complied with the procedures in the act?
Is the IEP reasonably calculated to enable the child to receive educational benefits? -
Irving Indep. School District vs. Tatro
8 year old Amber Tatro was in need of CIC (clean intermittent catheterisation) during school hours due to her spina bifida. The school refused and the case was taken all the way to the supreme court. The court ruled that the school must provide these services under the special education laws that require related services to be given to a child when these services are needed for the child to get a free, appropriate public education -
EAHCA reauthorized
now included preschool - EARLY INTERVENTION! -
Honig v Doe
Children with disabilities may not be excluded from school for misbehavior. Two students who were unilaterally removed from school via suspension. The case was decided by the Supreme Court, who ruled that excluding a student from a class, activity, or from school for longer than 10 school days should be treated as a change of placement. -
IDEA
added Autism and TBI -
ADA
Broadened Section 504 to include public accommodations, employment and transportation and telecommunications -
No Child Left Behind
NCLB focuses on:
Increasing the academic achievement of all public school students
Improving the performance of low-performing schools
Requiring schools to use scientifically based instructional practices
NCLB accomplishes this by:
Requiring states to measure the progress of students and groups of students, including students with disabilities, every year
Reporting the results of these measures to parents
Requiring states to set proficiency standards that schools must attain within a set period -
IDEA 2004
Celebrating 35 years of IDEA
To increase the academic achievement of students in special education
Focus on writing measurable goals and actually measuring them
Focus on progress monitoring
To increase accountability for results
To streamline the special education process