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Beginning of the Fight for Special Education Rights
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Section 504 of the Rehabilitation Act
Made it illegal to discriminate persons with disabilities who were otherwise eligible for programs receiving federal funding. -
The Education for All Handicapped Children Act of 1975 (Public Law 94-142)
Students that require an IEP must be provided one by a team of professionals. The team is tasked with setting attainable goals for individual students. This legislative act requires that students are assessed based on individual strengths and weaknesses. It is important the team use observations and data to create a plan with reasonable goals. In some cases goals may need to be reduced into steps for students to learn the scaffolded steps to achieve the overall goal. -
Board of Education vs. Rowley
Side A: Rowley's parents wanted appropriate services to help their otherwise "regular" education child better succeed in her environment.
Side B: The Board of Education felt they provided what was required by law. Ruling: Students are required to be offered services that help them succeed in the least restrictive environment. An IEP is a "safeguard" put into place for students. https://supreme.justia.com/cases/federal/us/458/176/ -
Honig vs. Doe
Side A: A student should be held accountable for their behavior.
Side B: A students disability should be taken into account before applying disciplinary action or removal. Ruling: Schools can suspend a student for up to (10) pending an investigation. Student's disability must be considered for appropriate action or removal. https://caselaw.findlaw.com/us-supreme-court/484/305.html?DCMP=google:ppc:K-FLPortal:10313486553:103002902536&HBX_PK=&sid=9011687&source=google~ppc -
Timothy v. Rochester
Side A: Mother felt Timothy should be allowed to education receive services.
Side B: Took the stance that Timothy's disabilities were too severe.
Ruling: Severity of disabilities should not exclude any child from school. https://law.resource.org/pub/us/case/reporter/F2/875/875.F2d.954.88-1847.html -
Individuals With Disabilities Education Act
Increased to 13 categories of disabilities. Changed to people first language i.e. Child with Autism vs. Autistic Child -
Americans With Disabilities Act
Prevents discrimination against persons with disabilities when it comes to education, employment, housing, and as a consumer. All persons need to be offered the same opportunities regardless of ability or disability. The ADA provides protection and helps student receive the services they need. Services are to be provided in such a way to help students achieve their fullest potential. https://www.ada.gov/pubs/adastatute08.htm -
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(IDEA) Individuals With Disabilities Education Improvement Act
RTI introduced into IEPs.
Least Restrictive Classrooms for students.
Free and appropriate public education. -
ADA Amendments Act of 2008
The amendment to the ADA offered a definition to the term "disability" to relieve some confusion as to qualification of services. Under the first Americans with disabilities act there was a gray area to whether or not persons were in fact considered disabled. In order to qualify for services a student must meet a specific criteria, with the amendment more students will qualify based on needs. https://www.ada.gov/pubs/adastatute08.htm -
Every Student Succeeds Act of 2015 (Public Law 114-95)
