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Introduction
The civil rights movement prohibited discrimination and ended segregation and helped establish the concept of special education a person's civil right. The movement paved the way for law such as the Individuals with Disabilities Education Act to be developed stating that all individuals including those with disabilities have the right to an education. The Compulsory Attendance Law states that children ages 6-18 are required to attend school reinforcing the right for children with disabilities. -
Brown v. Board of Education
The focus was racial segregation in public schools. The outcome of the case was in favor of Brown, resulting in the prohibition of racial segregation in public schools. -
Civil Rights Act
Prohibited discrimination on the basis of race, color, religion, sex or national origin. -
The Elementary and Secondary Education Act
Provided federal funding to assist states in educating students as part of the war on poverty. -
Larry P. v. Riles
Five African-American children were placed in a special education classes for the educable mentally retarded (EMR) based on IQ tests that were claimed to be racially biased and discriminatory. The court decided in favor of the students and IQ tests were forbidden to use in the placement of special education students. -
PARC v. Commonwealth of PA
The Pennsylvania Association fro Retarded Children (PARC) argued that the state was delaying or ignoring its constitutional obligation to provide students with mental retardation a publicly supported educated thus violating state statute and the students' rights under the the equal protection of the laws clause of the 14th Amendment. The case ruled in favor of PARC stating that all children with mental retardation between ages 6-21 must be provided a free public education. -
Mills v. Board of Education
Children that presented varying disabilities were improperly excluded from school without due process. The court ruled that the total exclusion of students with disabilities was unconstitutional since segregation in public education based on race was unconstitutional. -
The Rehabilitation Act-504
Prohibited discrimination against otherwise qualified individuals with disabilities in programs that receive federal funding. -
The Education for All handicapped Children's Act (PL 94-142)
Provided federal funding to states that agreed to educate eligible students with disabilities as required in the EAHCA. Established rights for eligible students with disabilities to a free appropriate public education in the least restrictive environment. Required schools to develop IEPs and established procedural safeguards. -
Armstrong v. Kline
Five handicapped children and their parents alleged that the defendants violated and continued to violate the children's constitutional right by denying them a free public education in excess of 180 days. The court agreed that the defendant violated the children's rights under the Education for All Handicapped Children Act and the need for education in excess of 180 days was founded. -
Hendrick Hudson School v. Rowley
The school district denied a deaf student a language interpreter because they deemed she did not need one since she had made academic progress. The court ruled in favor of Rowley stating that while she had made progress, she was not achieving her full potential because she was unable to understand as much as she would with a sign language interpreter. -
Irving Independent School District v. Tatro
Amber Tatro needed to be catheterized every few hours. The school argued that it was not part of their educational responsibility since it was not a 'related service' to the Education of the Handicapped Act. It eventually ruled in favor of Tatro and that it is not a 'medical service' because it did not need a doctor to perform it. It was found it was a 'related service' and Tatro's IEP was to be modified accordingly. -
Burlington School Committee v. DOE
A handicapped child school recommended another school placement for the child. The child's parents and doctors suggested a different school that had the means to meet the child's needs and the parents enrolled the child there. After several hearings, it was ruled the school's proposed placement was inadequate and the district was required to pay tuition and transportation as well as reimburse any money already spent. -
Education of the Handicapped Amendments
Created federal financial incentives to educate infants (birth through age 2) using early intervention strategies. Required IFSPs for eligible children. Extended the EAHCA's Part B programs to 3-5 year olds in participating states. -
Honig v. Doe
A child was in a developmental center for disabled children and had a disability that caused him considerable difficulty with controlling impulses. When another student teased the child, the child attacked the student and kicked out a window resulting in suspension and pending expulsion. The court ruled in favor of Doe and issued a permanent injunction that prevented the school district from indefinitely suspending a student due to disability related misconduct. -
Danny R.R. v. State Board of Education
A disabled students' parents wanted their child to spend half of the day in a regular education classroom; however, the child could not participate in the class without the constant attention from the teacher because the curriculum was beyond his abilities. The court founded that the school had taken steps to mainstream the child to the maximum extent possible. -
American with Disabilities Act
Prohibited discrimination against people with disabilities in areas including employment, transportation, public accommodations, communications and access to state and local government programs and services. -
Oberti v. Board of Education
The school wanted to place Rafael Oberti in a segregated special education classroom stating that his disability and behavioral problems prevented him from participating in a regular classroom. The court ruled that Rafael had the right to be educated in a mainstream classroom. -
Education of the Handicapped Amendments
EAHCA renamed IDEA (Individuals with Disabilities Education Act). Added traumatic brain injury and autism as new disability categories. Added a transition requirement for students 16 and older to the IEP. Added language that states were not immune from lawsuits under the 11th Amendment for violations of the IDEA and changed to "people first" language. -
Board of Education in Sacramento CA v. Holland
The parents of Rachel Holland requested her be placed in a regular education classroom which the district denied. The court ruled in favor of Holland and affirmed the decision that she be placed in a regular education classroom with support services. -
Gaskin v. Commonwealth of PA
A lawsuit was filed on behalf of all school-aged students with disabilities in Pennsylvania who had been denied a free appropriate education in a regular education classroom with individual supportive services. The students were placed in regular education classrooms without support services, individualized instruction, and the accommodations needed to succeed. The court ruled in favor of the students stated they should be placed in the least restrictive environment with supportive services. -
Individuals with Disabilities Education Act Amendment
Added new IEP contents and changed the IEP team. Added new disciplinary provisions. Required states to offer mediation to parents prior to due process hearings. Reorganized the structure of IDEA. -
Cedar Rapids Community School District v. Garrett F.
Garrett required a wheelchair and was dependent upon a ventilator as well as other assistance to meet his physical needs throughout the day. The school denied financial responsibility for his services to attend school during the day stating they were not legally obligated to provide one-on-one care. The court ruled that the district is required to provide school health services that can be performed by a nurse or other qualified person under the IDEA law. -
No Child Left Behind
The purpose of No Child Left Behind was to increase the achievement of students in America's public schools. States were required to establish rigorous systems that held school districts and schools accountable for measurably improving student achievement in reading and math within a certain period of time. Students with disabilities are included in No Child Left Behind. -
IDEA Amendment
Defined a "highly qualified" special education teacher. Removed short-term objective requirements from IEPs, except for students with severe disabilities. Prohibited states from school districts to use a discrepancy formula when determining eligibility of students with learning disabilities. And encouraged the use of a response to intervention model to determine if students were learning disabled. -
Endrew F. v. Douglas County School District
The focus of the case was to determine whether an IEP is sufficient to enable a student with a disability to make appropriate progress in light of his or her circumstances. The Supreme Court ruled in favor of Endrew and now a higher standard is required when developing IEPs.