History of Special Education and Inclusive Education

Brown v. Board of Education

1954

This well-known Supreme Court case ruled that separating students by race in public schools was unfair and against the law. It ended the idea that "separate but equal" schools were acceptable. Although it focused on racial segregation, it also helped support the idea that all students, including those with disabilities, deserve equal opportunities in education.
https://www.archives.gov/milestone-documents/brown-v-board-of-education

Department of Public Welfare v. Haas

1958

The Illinois Supreme Court decided that the state didn’t have to provide free public education to children with disabilities. They believed that children who were labeled as "uneducable" didn’t need to be in school. This case showed how, at that time, many children with disabilities were excluded from public education. https://law.justia.com/cases/illinois/supreme-court/1958/34924-5.html

The Elementary and Secondary Education Act (ESEA)

1965

The ESEA was a federal law by President Lyndon B. Johnson that aimed to improve educational opportunities for all students, especially those from low-income families. It provided federal funding to schools and included programs to help disadvantaged students. As time has passed, the ESEA has been amended to include more focus on accountability and the inclusion of students with disabilities in general education.
https://www2.ed.gov/policy/elsec/leg/essa/index.html

P.L. 91-230: Education of the Handicapped Act

1970

This law was an early effort to address the educational needs of children with disabilities. It gave funding to states to help them develop programs for students with disabilities. The Education of the Handicapped Act laid the groundwork for later, more comprehensive laws like Public Law 94-142, which expanded rights and protections for these students.

PARC v. Commonwealth of Pennsylvania

1971

This case was one of the first to fight against the exclusion of children with disabilities from public schools. The result was that children with disabilities could no longer be denied access to public education. This case was a big step forward in making sure that all children, regardless of their disabilities, had the right to a free and appropriate education.

Congressional Investigation

1972

After the PARC and Mills cases, Congress looked into how children with disabilities were being educated. They found that out of over 8 million children with disabilities, only 3.9 million were getting the education they needed. Shockingly, 1.75 million received no education, and 2.5 million were poorly taught. This led Congress to push for better laws to ensure all children with disabilities could receive a proper education.

Mills v. Board of Education of the District of Columbia

1972

This case built on the ideas from the PARC case and argued that all children with disabilities should have access to public education, no matter how much it costs. The court decided that schools couldn’t use a lack of funding as an excuse to deny services to these students. This case emphasized that students with disabilities should be included in regular classrooms whenever possible.

Public Law 94-142: The Education for All Handicapped Children Act of 1975

1975

This law made sure that all children with disabilities had the right to a free and appropriate public education. It required public schools to create individualized education programs (IEPs) for students with disabilities to meet their specific needs. This law was a major step toward making sure that students with disabilities were included in regular classrooms whenever possible.
https://www.youtube.com/watch?v=G4Xzvafi-Pg

Board of Education of Hendrick Hudson Central School District v. Rowley

1982

This Supreme Court case was the first to use Public Law 94-142. The court ruled that schools must provide services that allow students with disabilities to benefit from their education but are not required to provide the best possible education. This case clarified that schools must offer “some educational benefit,” but not necessarily the most benefit, to students with disabilities.

Honig v. Doe

1988

The Supreme Court ruled that schools cannot expel students for behaviors related to their disabilities. The decision emphasized that students with disabilities have the right to stay in school and receive appropriate educational services, even if their behavior is challenging. This case reinforced the importance of protecting the rights of students with disabilities and ensuring they are included in the education system.