-
Elementary and Secondary Education Act - STATUTORY LAW
President Lyndon B. Johnson signed the ESEA into law in 1965. The purpose of the law was to “provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close achievement gaps” (20 USC § 6301). This included a wide variety of subjects who were being neglected of a proper education, including students with disabilities. This act was critical to the educational equity of students with disabilities because, after many reforms, it still stands today. -
Congressional Investigation of 1972
In 1972, following the ruling for Pennsylvania Assn. for Retarded Children v. Commonwealth (34 F. Supp. 1257) and Mills v. Board of Education of District of Colombia (348 F. Supp. 866), Congress launched an investigation and found that millions of children with disabilities were not being appropriately served. This sprung the Education for All Handicapped Children Act of 1975 into effect. -
Rehabilitation Act, Section 504 - STATUTORY LAW
While the Rehabilitation Act of 1973 (29 USC § 701) was the first law set to protect the rights of people with disabilities, Section 504 ensures that students with disabilities are protected from exclusion and unequal treatment at school. Section 504 requires that students with disabilities receive special education and aids, so to fulfill the requirements for free and appropriate public education (FAPE). -
Education for All Handicapped Children Act - STATUTORY LAW
The EHA added to the requirement for public schools who received federal special education funding to provide equal access to students with disabilities; schools were now required to create an educational plan for students that places them in the least restrictive environment possible, while not rejecting the option for inclusion in the classroom. Parents were given the option to dispute any decision made about their child’s education, following the required administrative procedures for appeal. -
Board of Education v. Rowley - JUDICIAL LAW
The parents of Amy Rowley, a deaf kindergarten student, did not believe she was receiving FAPE as required by the ESEA (20 USC § 6301) because the school district did not believe that providing a translator was necessary for Amy to succeed. The parents argued that she could not reach her full potential without a translator, claiming she could only understand 60 percent of all information through lip reading and her earpiece. Continued on Pt. 2. -
Board of Education v. Rowley, Pt. 2
The case required Congress to define FAPE more clearly, concluding that although districts are required to provide appropriate education to students with disabilities, based on the language in the ESEA, school districts are not required to ensure that children with disabilities get the same education as students without disabilities. This meant that providing Amy with an opportunity to comprehend 60 percent of the information was sufficient. The definition of “appropriate” was soon redefined. -
Individuals with Disabilities Education Act - STATUTORY LAW
IDEA (20 USC § 1400), previously know as EHA (Pub. L. 94-142), aims to ensure that all students receive the same opportunity for education. There are six elements that comprise IDEA: Individualized Education Program (IEP), FAPE, Least Restrictive Environment (LRE), appropriate evaluation, parent and teacher participation, and procedural safeguards (20 USC § 1400). Each of these elements is a critical component of educational equity for students with disabilities. -
No Child Left Behind - STATUTORY LAW
The NCLB Act was a reform of the ESEA which required states to develop their own assessments to measure student success. This was developed as an accountability system for school districts. Students with disabilities were able to utilize certain modifications that were clear in their IEPs on the state assessments. Though some were excited that students with disabilities were included in the standardized assessments, others worried that too much focus was placed on passing the test itself. -
President's Commission on Excellence in Special Education (PCESE)
President George W. Bush created the PCESE with one goal in mind: improve the educational performance of students with disabilities (Berdine, n.d.). The PCESE, which goes hand in hand with Bush’s No Child Left Behind Act, placed focus on treating children receiving special education as regular education students first and providing high-quality education, not just fulfilling the bare minimum. -
Opioid Crisis
In 2017, the US Department of Health and Human Services declared a public health emergency which was attributed to the opioid epidemic (What is the US opioid epidemic, 2019). A study found that “children who faced opioid withdrawal as babies were more likely to be evaluated for special education services and...were more likely to be found eligible" (Samuels, 2018). -
Opioid Crisis, Pt. 2
Pediatric researchers noted an increase in negative student behavior and the number of students being served using special education. This change in behavior has required teachers to reevaluate their teaching styles and has put more pressure on special education teachers because there are so many students to be served. -
Final Timeline Moment
So much progress has been made for students with disabilities. Many of the laws passed have been consistently updated and perfected to ensure that students with disabilities get the best possible education. The latest law that the US has put into effect is the Every Student Succeeds Act (20 USC § 6301), which builds off of the ESEA (20 USC § 6301) and NCLB (15 Stat. 1425). Although there are no current issues that are being debated, I am confident that special education will continue to evolve. -
References, Pt. 1
Berdine, W. (n.d.). The president’s commission on excellence in special education: Imlications for the special education practitioner. LD Online. Retrieved from http://www.ldonline.org/article/6364/ Board of Education v Rowley, 458 US 176 (1982) Education for All Handicapped Children Act (EHA), Pub. L. 94-142 Elementary and Secondary Education Act (ESEA), 20 USC § 6301 Every Student Succeeds Act (ESSA), 20 USC § 6301
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 -
References, Pt. 2
No Child Left Behind (NCLB), 15 Stat. 1425 Rehabilitation Act, Section 504, 29 USC § 701 Samuels, C. (September 2018). Opioid epidemic raising special education concerns. Education Week. Retrieved from https://www.edweek.org/ew/articles/2018/09/19/
opioid-epidemic-raising-special-education-concerns.html What is the U.S. opioid epidemic? (2019) U.S. Department of Health and Human Services. Retrieved from https://www.hhs.gov/opioids/about-the-epidemic
/index.html -
References, Pt. 3
Wright, P. (2010). The history of special education law. Wright’s Law. Retrieved from https://www.wrightslaw.com/law/art/history.spec.ed.law.htm