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Brown v. Board of Education of Topeka
347 U.S. 483 (1954)
The U.S. Supreme Court decided in the Brown v. Board of Education of Topeka case that it was unconstitutional for educational institutions to segregate children by race. This landmark legal ruling would have far-reaching implications for special education. This case implemented the very beginning of change for students with special needs.
Judicial Law -
Elementary and Secondary Act of 1965
P.L. 89-10 (1965)
The Elementary and Secondary Education Act (ESEA) was signed into law by Lyndon B. Johnson as part of the “War on Poverty.” ESEA not only called for equal access to education for all students, but also federal funding for both primary and secondary education for students disadvantaged by poverty.
Judicial Law -
Amended Elementary and Secondary Education Act
P.L. 89-750
This amendment provided federal funding to expand programs for children with disabilities. Established the first Federal grant program for the education of children and youth with disabilities at the local school level, rather than at state‐operated schools or institutions. Also established the Bureau of Education of the Handicapped (BEH) and the National Advisory Council (now the National Council on Disability). Original law was PL 89-10. Judicial Law -
Education of the Handicapped Act
P.L. 91-230
This act provided state grants to help expand education programs for students with disabilities and Federal governement money was given to schools to help train special education teachers.
Judicial Law -
Mills v. Board of Education
In the Mills v. Board of Education of the District of Columbia case, the U.S. District Court for the District of Columbia students classified as “exceptional” – including those with mental and learning disabilities and behavioral issues. This ruling made it unlawful for the D.C. Board of Education to deny these individuals access to publicly funded educational opportunities.
Judicial Law -
Section 504 of the Rehabilitation Act
29 U.S.C. § 794 (Section 504)
Section 504 was the first disability civil rights law to be enacted in the United States. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance, and set the stage for enactment of the Americans with Disabilities Act. Section 504 works together with the ADA and IDEA to protect children and adults with disabilities from exclusion, and unequal treatment in schools. Statutory Law -
Amended - Education Amendments
P.L. 93-380
Established two laws ‐ the Education of the Handicapped Act Amendments of 1974, the first mention of an appropriate education for all children with disabilities, and the Family Education Rights and Privacy Act (FERPA), giving parents (and students over the age of 18) the right to examine records in a student's personal file.
Judicial Law -
Education for All Handicappe Children Act of 1975
P.L. 94-142
President Gerald Ford signed the Education for All Handicapped Children Act, otherwise known as Public Law 94-142. This law required all states that accepted money from the federal government were required to provide equal access to education for children with disabilities, in addition to providing them with one free meal per day. States had the responsibility to ensure compliance under the law within all of their public school systems.
Judicial Law -
Amend - All Handicapped Children Act
P.L. 99-457
An amendment to the All Handicapped Children Act, which mandated that individual states provide services to families of children born with disabilities from the time they are born. Previously, these services were not available until a child reached the age of three.
Judicial Law -
Armstrong v. Kline
Parents identified that their students in the special education services were regressing during summer break. This provided the way for extended school year. Extended Schhol Year (ESY) is available to children with disabilities. -
Hendrick Hudson School v. Rowley
A new interpretation was provided of Free Appropriate Public Education (FAPE) because Hendrick Hudson School was sued when an interpreter was taken away from a deaf student. The court ruled in favor of the school because Amy Rowley was succeeding with the interpreter. This case created a definition of FAPE with the clarification that students don't have to have maximum support but enough to receive all the benefits afforded in education. -
Amended - Now called The Handicapped Children's Protection Act
P.L. 99-372
President Reagan signed the Handicapped Children’s Protection Act, a law that gave parents of children with disabilities more say in the development of their child’s Individual Education Plan, or IEP.
Original Law - P.L. 99-457 Judicial Law -
Amended - Now called Individuals with Disabilities Act (IDEA)
P.L. 101-476
Traumatic brain injury and autism were added as new disability categories. Additionally, Congress mandated that as a part of a student’s IEP, an individual transition plan, or ITP, must be developed to help the student transition to post-secondary life.
Original Law - 94-142 Judicial Law -
Amended - The Idea Amendments of 1997
P.L. 105-17
Key amendments emphasized providing all students with access to the same curriculum, additionally, states were given the authority to expand the “developmental delay” definition from birth through five years of age to also include students between the ages of six and nine.
Orignial law - P.L. 101-476 Judicial Law -
Amended - IDEA Improvement Act
P.L.108–446
Congress amended IDEA by calling for early intervention for students, greater accountability and improved educational outcomes, added "highly qualified". It also required states to demand that local school districts shift up to 15 percent of their special education funds toward general education if it were determined that a disproportionate number of students from minority groups were placed in special education for reasons other than disability. Original Law P.L.101-476 Judicial Law -
Current times in Special Education
Protection has come a long way for students that fall under the special education umbrella. Students are aailable to have the support their disability needs and their parents have rights in their educational directives. There are approvixmately 5.9 million students currently being served in special education. This would not be possible if we had not made changes in the education system through the years. Schools have to be aware of the laws so that each student achieves success.
