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Evolution of Special Education Legislation
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Brown v Board of Education
In the matter of Brown v. Board of Education 347 U.S. 483 (1954), the Supreme Court determined that segregation of African Americans in separate public schools based on race was unconstitutional. This decision over turned Plessy v Ferguson, and was the foundation for the civil rights movement and inspired educational reform throughout the U.S. -
Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) signed by President Lyndon B. Johnson provided federal funding for public schools to help ensure that economically disadvantaged students had access to quality education. This legislation emphasized high standards and accountability to schools. -
Diana v. State Board of Education (California)
Diana v State Board of Education (No. C-70, RFT, N. D. Cal. 1970) involved Mexican-American students who were placed in a special education classroom based on an IQ test in English The court ruled that non-English proficient children cannot be placed in special education on the basis of culturally biased tests or tests administered in English. -
Pennsylvania Assocation for Retarded Children (PARC) v Commonwealth of Pennsylvania
PARC v. Pennsylvania, 334 F.Supp. 1257, E.D. PA 1972), involved students with mental retardation being denied their constitutional right to equal protection under the law. This case is important because it generated the idea of free and appropriate public education (FAPE). -
Secton 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 (P.L. 93–112, 87 Stat. 355) was the first nationwide law that stated that students with disabilities should be provided with a free and appropriate education in the least restrictive environment. Students with disabilities that affect their education are protected by a 504 plan that describes the accommodations that must be made to ensure equal access to appropriate education. -
Education for All Handicapped Children Act (EAHCA)
Education for All Handicapped Children Act, (EAHCA), (P.L. 94-142) is an act that ensured a free and appropriate public education in the least restrictive environment for all children with disabilities. This law outlined that schools needed to put into place procedural safeguards so parents of children with disabilities could dispute decisions regarding their child's education. -
Larry P v Riles
Larry Piles v Wilson Riles 495 F Supp. 926 (1979) was a California court case in which the court ruled that IQ test are biased and discriminate against African-Americans. This case is important because it started to define a non-discriminatory process for identifying students who need special education. -
Honig v Doe
Honig, California Superintendent of Public Instruction, v. Doe 484 U.S. 305 (1988) involved two emotionally disturbed high school students who were removed from the school due to behavior associated with their disability. The court ruled that a suspension longer than 10 days is effectively a change of placement. During change of placement procedures students must stay in their original placement. This ruling was important because it supported parental rights to agree to placement. -
Individuals with Disabilities Education Act (IDEA)
George H.W. Bush signed into law the Individuals with Disabilities Education Act (IDEA), P.L. 101-476, 20 U.S.C. 1400 et seq (1990), which amended the Education for All Handicapped Children Act . This funding statute provides funds for states to provide education services for the disabled. It also includes provisions for transition services and an Individual Transition Plan (ITP) for post-school planning. -
Doe v Withers
Doe v Michael Winters is a civil lawsuit (NO. 92-C-92) brought before the circuit court of Taylor County, West Virginia in which the parents of a 16 year-old with learning disabilities and an IEP against their son's science teacher, Michael Withers, because he refused to follow the IEP, which specified oral testing by a learning disabilities teacher in a learning disability resource room. This was the first civil case to reward monetary damages for not following an IEP. -
Oberti v Board of Education of the Borough of Clementon School District
Oberti v. Board of Education of the Borough of Clementon School District, 995 F.2d 1204 (3d Cir. 1993) was a case in which Rafael Oberti, and 8 year-old with Down's syndrome, placed in a segregated special education class. The federal district court ruled that the school was required to consider placement in general education class with assistance, thereby supporting education in the least restrictive environment. -
IDEA Ammendments
President Bill Clinton signed amendments to the IDEA P.L. 105-17. This was important because it meant more students with disabilities were being integrated into the general education classrooms. -
No Child Left Behind
No Child Left Behind Act P. L. 107-110, 115 Stat. 1425 (2002) is a reauthorization of the ESEA. It required schools to show Adequate Yearly Progress (AYP) through the use of standardized testing. Any modifications or accommodations regarding the tests reported for AYP must be put in place in an IEP section specifically dealing with state testing. -
IDEA Reauthorization
Signed by President George W. Bush, the reauthorization of the IDEA allowed changes to be made regarding special education. Research-based methods must be used for instruction and determining eligibility. As a result many districts introduced Response To Intervention tiers of instruction. -
American Recovery and Reinvestment Act
President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA) (P.L. 111–5, 123 STAT 115). This Act is important for special education because it included funding for Part B and Part C of the IDEA.
