Evolution of Educational Equality for Students with Disabilities

By Roni Waller

  • Brown v Board of Education (Judicial Law)

    -In Brown v. Board (1954), students were denied admission to school based on their race. The U.S. Supreme Court concluded that the students were being deprived of their protection of their rights under the Fourteenth Amendment (U.S. Const. amend. XIV). Following the ruling, parents began to file lawsuits against school districts based on their children being discriminated again due to their disabilities.

  • Association for Children with Learning Disabilities (ACLD) was formed.

    Parents of children with disabilities put together a conference that was held in Chicago, “Exploration into the Problems of the Perceptually Handicapped Child.” The conference focused on the services needed for children with disabilities and the services not provided. This conference helped form the basis upon which the term "learning disability" is defined. (Learning Disabilities Association of America, 2019).

  • Elementary and Secondary Education Act (ESEA) (20 U.S.C. §6301) (Statutory Law)

    This law was signed by President Lyndon B. Johnson in 1965. ESEA is a federal law that was enacted to “provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps (20 U.S.C. §6301). ESEA was important because it provided additional resources to disadvantaged students.

  • Children with Specific Learning Disabilities Act of 1969 (PL 91-230) (Statutory Law)

    -This Act will be included in 1970 Education of the Handicapped Act (§601-602, 84 Stat. 175), this is the first time the federal law mandates support services for students with disabilities.

  • Section 504 of the 1973 Rehabilitation Act (29 U.S.C.§ 794) (Statutory Law)

    This law protects students with qualified disabilities to not be excluded from any program or activities based on their disabilities from any entity that is receiving federal funding.

  • Education of All Handicapped Children Act (Public Law 94-142). (Statutory Law)

    This law was enacted by the U.S. Congress to support states in protecting the rights and meeting the needs of students with disabilities. Schools receiving federal funds had to provide equal access to students with both physical and mental disabilities. An educational plan was to be provided for all qualifying students. Students were to be placed in the least restrictive environment and allowed the opportunity to interact with non-disabled peers as much as possible (20 U.S.C. §1401).

  • Board of Education of Hendrick Hudson Central School Dist., Westchester County v. Rowley (Judicial)

    Amy Rowley was an eight year old deaf child that was denied the use of a sign language interpreter in her classroom. The Rowley’s argued that Amy was not being provided a “free and appropriate education” that she was entitled to based upon the 1975 Education for All Handicapped Children Act (20 U.S.C. §1401). The U.S. Supreme Court found that even though Amy was successful in school, it did not match her potential. The court ruled in favor of the Rowley’s.

  • Individuals with Disabilities Education Act (IDEA) (Public Law 101-476) (20 U.S.C. § 1400) (Statutory Law)

    Renamed the 1975 Education of All Handicapped Children Act (EHA). IDEA changed terminology of handicapped person to a person with disabilities. Two categories of disabilities were also added, autism and traumatic brain injury. IDEA added that transition services must be added into the individual education plan (IEP) annually no later than when an individual was 16 years of age. These services would include the plans for the individual upon leaving the school setting (20 U.S.C. §1400).

  • Americans with Disabilities Act (Title II) 42 U.S.C. §12101) (Statutory Law)

    The ADA is a civil rights law that prohibits discrimination of individuals with disabilities in all areas of their life and in public places (42 U.S.C. §12101). The protection provided extends beyond the protection provided in 504 Rehabilitation Act of 1973 (29 U.S.C. §794) because it protects the individual whether or not the entity or activity is federally funded.

  • No Child Left Behind Act of 2001 (NCLB) (20 U.S.C.§ 6301 et seq.) (Statutory Law)

    The purpose of NCLB was to close the achievement gap for all students, including students with disabilities. All children would be provided the opportunity of a high quality education taught by highly qualified teachers. NCLB held schools accountable for improving achievement of all children, in pursuit of proficient level performance. If schools chose not to participate in NCLB, they were at risk for losing Title I funding (20 U.S.C.§ 6301 et seq.).

  • Every Student Succeeds Act of 2015 (ESSA)((20 U.S.C.§ 6301 et seq.) (Statutory Law)

    ESSA reauthorizes (ESEA) of 1965 and replaces NCLB (20 U.S.C.§ 6301 et seq.) Under ESSA, all school districts are required to prepare all students to succeed in college or a career. Annual testing is required for reading and math in grades 3-8 and one year of science. Testing is also required in high school. Accommodations must be provided to all students with learning disabilities through 504 accommodations or their accommodations listed in their Individual Education Plan (IEP).

  • Final Timeline Moment

    Over the past 50 years, special education has evolved from disability first to recognizing the individual first. The current law that schools have been operating under since 2015 is ESSA (20 U.S.C. § 6301). The Office of Special Education and Rehabilitative Services (OSERS) introduced a new framework that will be utilized in order to support and raise expectations for all people with disabilities, their families, their communities, and the nation” (U.S. Dept. of Education, 2019).

  • References Page 1

    Americans with Disabilities Act of 1990, 42 U.S.C. §12101 Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 US 176 (1982) Brown v. Board of Education of Topeka, 347 US 483 (1954) Children with Specific Learning Disabilities Act of 1969, Pub. L. No. 91-230 Education of All Handicapped Children Act of 1975, Pub. L. No.
    94-142, 20 U.S.C.§1401 et seq. Elementary and Secondary Education Act of 1965, 20 U.S.C.§ 6301

  • References Page 2

    Every Student Succeeds Act of 2015, 20 U.S.C.§ 6301 et seq. Individuals with Disabilities Education Act of 1990, Pub. L. No.101-476, 20 U.S.C.§1400 Learning Disabilities Association of America. (2019). History. Retrieved from https://ldaamerica.org/about-us/history/ No Child Left Behind Act of 2001, 20 U.S.C.A. § 6301 et seq.,
    (repealed 2015)

  • References Page 3

    Section 504 of the 1973 Rehabilitation Act, 29 U.S.C.§ 794 U.S. Department of Education. (2019). OSERS Framework.
    Retrieved from
    https://www2.ed.gov/about/offices/list/osers/index.html