History of Response to Achievement Inequities for Students With Disabilities by Greg Nyen and Matt Collins
By captainhewy
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Civil Rights Act of 1866
"The Civil Rights Act of 1866, 14 Stat. 27-30, enacted April 9, 1866, was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law" Link text -
Equal Protection Clause of The Fourteenth Amendment
The Equal Protection Clause of the Fourteenth Amendment played a significant role in shaping US public education as identified in several Supreme Court cases. Link text -
Plessy vs. Ferguson
THE SUPREME COURT ORDERED THAT IT WAS
LEGAL TO SEGREGATE INDIVIDUALS AND HAVE
SEPARATE FACILITIES AS LONG AS THEY WERE
EQUAL. HOWEVER, SEPARATE IS NOT EQUAL
AS WE LEARN THROUGH OUT THE CIVIL
RIGHTS MOVEMENT. THIS DECISION WOULD
NOT BE CORRECTED UNTIL BROWN V. BOARD
58 YEARS LATER (SMITH, POLLOWAY, PATTON
& DOWDY, 2011) Link text -
Brown v. Board of Education
Brown v. Board of Education of Topeka, Kansas is considered one of the greatest Supreme Court decisions of the twentieth century when the U.S. Supreme Court unanimously held that racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment. Link text -
Mills v. Board of Education of District of Columbia
A class action suit challenging the District of Columbia exclusion of students with behavior problems, mental retardation, emotional disturbance or hyperactivity. Important to the passage of subsequent legislation including Section 504 and Education for All Handicapped Act. (Mead, J. F. Education Law. Found at http://usedulaw.com/438-mills-v-board-of-education-of-the-district-of-columbia.html) Link text -
Pennsylvania Association of Retarded Citizens v. Pennsylvania & Mills v. District of Columbia Board of Education
The Pennsylvania Association for Retarded Children (PARC) prevailed in challenging the Commonwealth of Pennsylvania over a state law that allowed public schools to deny education to certain children, most specifically, those who had not “attained a mental age of 5 years”.
Link text PARC v. Commonwealth of Pennsylvania and Mills v. Board of Education, DC., Li, L. Wednesday, December 11, 2013. Retrieved from http://www.rootedinrights.org/15321-revision-v1/ -
Section 504 of the Rehabilitation Act of 1973
As I identified by the Disability Rights Education & Defense Fund,
“Section 504 of the 1973 Rehabilitation Act 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.”
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Public Law 94-142 Education for All Handicapped Children Act
Guaranteed access to a Free And Appropriate Public Education for children with disabilities. Educational opportunities required to be provided in the least restrictive environment, driven by an individualized education plan developed by a multidisciplinary team. Child find and due process of law for removal from regular education environment required. Parental rights for remedies established. Provisions accompanied by up to 40% funding of programs.
Link text -
Larry P. v. Riles
California Supreme Court case involving a black student identified as educable mentally retarded (EMR).
Findings and Implications:
- Intelligence Tests used were culturally biased
- Districts were required to monitor and eliminate disproportionate placement of black children in special education
- California districts were required to re-evaluate all black children placed in EMR classes Link text -
Rowley Decision
In Hendrick Hudson Central School District Board of Education v. Rowley, the Supreme Court established two criteria to determine FAPE:
- Adequate compliance with special education procedures;
- The IEP must be reasonably calculated to enable the child to receive educational benefit
The U.S. Supreme Court concluded that the IDEA does not require that States maximize the potential of students with disabilities.
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The Americans with Disabilities Act
According to the Equal Opportunity Employment Commission, “The Americans with Disabilities Education Act is nation's first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications.”
Link text https://www.eeoc.gov/eeoc/history/35th/1990s/ada.html -
No Child Left Behind
The major focus of No Child Left Behind (NCLB) was to close student achievement gaps by providing all children with a fair, equal, and significant opportunity to obtain a high-quality education. The Act was intended to provide for accountability, flexibility, research-based education, and parent options. Link text http://www.k12.wa.us/esea/NCLB.aspx -
Individuals with Disabilities Education Improvement Act 2004 (IDEA 2004)
The reauthorization of IDEA was to “improve” the services to students with disabilities including:
-Dispute resolution;
-Culturally sensitive assessments;
-Reduction in paperwork;
-Early intervening services;
-Increase in accountability for school-to-work transition;
-Disability-sensitive discipline procedures;
-Parent engagement;
-Seamless transitions;
-Development of a response to intervention process;
-Highly qualified staff for all students. Link text -
Delisle & Yudin Letter
The Office of Special Education and Rehabilitative Services (OSERS) and the Office of Elementary and Secondary Education (OESE) respectively administer the Individuals with Disabilities Education Act (IDEA) and the Elementary and Secondary Education Act of 1965, as amended (ESEA). Each have a focus of evidence-base instruction leading to post-secondary opportunities. Resulting initiative is Results Driven Accountability or achievement gap reduction. Link text
