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First School of Special Education
Thomas Gallaudet started the first school for the deaf in 1817. The school was called American Asylum for the Education of the Deaf and Dumb. Today it is called the American School for the Deaf. Back then, asylum meant a safe place, and dumb referred to individuals who did not speak with understandable speech. Asylum eventually gave way to institution, then school. -
Watson vs. the City of Cambridge
The Massachusetts Supreme Court ruled that a child who was "weak of mind" and could not benefit from instruction, was troublesome to other children, made "unusual noises," and was unable to take, "ordinary, decent, physical care of himself" could be expelled from public school. (Yell, p. 36) Children with disabilities did not have any rights during this period. This is a time when children that were different or disabled were considered an embarrassment. -
The White House Conference on Children
Prior to 1910, children with disabilities were institutionalized. The White House Conference on Children moved children out of isolated institution environments and into segregated classroom environments. (Yell, 2016) This came about because of a protest for neglected children. It was very common for children to work long hours and many children were not properly cared for. This conference was the start to protecting the health and welfare of children in need of assistance. -
The Council for Exceptional Children
The U.S. was experiencing an advocacy movement for people with disabilities. The Council for Exceptional Children (CEC) is still involved in the lives of children with special needs today. The CEC advocates for the educational rights of individuals with disabilities. (Yell, 2016) The CEC adopted standards and ethics for the special education field. The CEC establishes standards, practices, and guidelines to make sure that those with exceptionalities have knowledgeable educators. -
Brown v Board of Education
Brown v Board of Education was a case during the civil rights movement. The Supreme Court ruled that segregating schools based on race was denying minority students their educational rights. Advocates for special education used this to argue that segregating students based on their disabilities was also denying them of their educational rights.
https://www.uscourts.gov/educational-resources/educational-activities/history-brown-v-board-education-re-enactment -
Department of Public Welfare v Haas
The Supreme Court of Illinois argued that the state’s education laws did not require a “free public education for the ‘feebleminded’ or to children who were ‘mentally deficient’ and who, because of their limited intelligence were unable to reap the benefits of a good education” (Yell, 1998, p. 55). Children with disabilities did not have the option to free public education. Today, we have free education for all under any circumstances. -
Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
The PARC v Board of Education case ruled that students with disabilities between the ages of 6 and 21 were entitled to a free public education. This ruling stated that special education programs must be similar to the general education programs in place at the time. The state was not allowed to deny any mentally retarded child access to a free public program of education. 27 federal cases followed helping the future IDEA.
https://www.kidstogether.org/right-ed_files/parc.htm -
Mills v. Board of Education of the District of Columbia
Required the state to provide “adequate alternative education services” as well as “prior hearing and periodic review of the child’s status, progress, and the adequacy of any educational alternative” (348 F. Supp., at 878). In both the PARC and Mills cases, the courts required schools to describe the curricula, objectives, teacher qualifications, and supplemental services that were needed, areas that would later be influential during the drafting of P.L. 94-142 -
Section 504 of the Rehabilitation Act
The Rehabilitation Act of 1973 included Section 504 which prohibited agencies that receive federal funds from discriminating against individuals because of their disabilities. Because of Section 504, these agencies must provide the same services to all individuals regardless of disabilities. -
The Education for All Handicapped Children Act
The Education for All Handicapped Children Act gave students with disabilities the right to nondiscriminatory testing, evaluation, and placement procedures. Education in the least restrictive environment. Procedural due process and a free, appropriate education as outlined by an individualized education plan. This required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. -
Board of Education of Hendrick Hudson Central School District v. Rowley
Clarified the free and appropriate public education. Amy Rowley, a deaf fifth grader used a hearing aid that amplified words spoken by her teacher. She was achieving better than the average student and communicated well with her peers. The court ruled that P.L. 94-142 requires states to provide sufficient, but not the best possible, support for students to benefit from a public education at a level typical of that of nondisabled peers. -
Honig v. Doe
Benefits individuals with emotional and/or behavior disorders who have academic and social problems. The court ruled in favor of the students and that schools could not expel children for behaviors related to their disability. -
The Individuals with Disabilities Education Act
IDEA clarified the types of services that should be provided for students with disabilities. (Yell, 2016) Designed to ensure that children with disabilities are granted a free appropriate public education in the least restrictive environment (LRE). This includes appropriate Evaluation, Individualized Education Plan, Least Restrictive Environment, Parent Participation and Procedural Safeguards.
https://youtu.be/aSZMZz48z-w -
The Americans with Disabilities Act
The Americans with Disabilities Act, commonly referred to as ADA, requires public places to provide the same opportunities to individuals with disabilities as they do to the general public. This act covers public schools, including transportation. It also follows students with disabilities into adulthood by covering employment.
(ADANN, 2019) -
Updated Individuals with Disabilities Education Act (IDEA)
Requires that students with disabilities continue to receive services, even if expelled from school. Students with disabilities have access to general education curriculum. Requires a general education teacher to be a member of IEP team. Requires students with disabilities to take statewide and district assessments. Requires voluntary mediation option to parents/educators. Requires a behavior management plan to be included in student’s IEP if needed. https://youtu.be/3XMndYNEGFA -
Cedar Rapids v. Garret F. Garret
Garret was paralyzed from the neck down in an accident when he was age 4, but his mental capacities were unaffected. He required nursing services to attend his regular classes, and the court ruled that under IDEA students must be provided with the supplemental services they need to attend school at no extra cost to the parents. This requires school boards to provide continuous nursing services to disabled students who need them during the school day. -
No Child Left Behind Act
The law is a reauthorization of the Elementary and Secondary Education Act. Under the 2002 law, states are required to test students in reading and math in grades 3–8 and once in high school.
This law added structure to educational programs nationwide.It held teachers and administrators accountable for student performance.
Also, giving parents more school options. Many schools based salary on teacher performace. -
Individuals with Disabilities Education Improvement Act (IDEIA) (Public Law 108-446)
Allows districts to use a response-to-intervention (RTI) model for determining whether a child has a specific learning disability. Eliminates use of short-term objectives in an IEP except for students who do not take statewide achievement assessments. Raises standards for special education. Adopts policies designed to prevent the disproportionate representation of students in special education by race and ethnicity. -
Winkelman v. Parma City School District
The Supreme Court decided that parents may pursue IDEA claims on their behalf independent of their child’s rights. Now parents and care takers have the right to represent their child and bring suit when necessary. Making it clear that a child is entitled to a free appropriate public education and that these rights are not limited to procedural or reimbursement issues.
http://www.clevelandmemory.org/legallandmarks/winkelman/index.html -
Every Student Succeeds Act
Every Student Succeeds Act signed by President Obama reauthorizes the No Child Left Behind Law to establish equal opportunities for students with disabilities to be assessed using the general state assessment and alternate assessments. With this law, it prohibits states from creating their own alternate or modified assessments for students with disabilities. The goal is to provide quality education for all students. This law focuses on testing scores.
https://youtu.be/zWQGmU-J80Q
