History of Special Education Law

By TaraB12
  • First compulsory education law is passed

    First compulsory education law is passed
    In 1852, Massachusetts became the first state to pass a compulsory education law
  • Watson v. City of Cambridge

    In the case of Watson v. City of Cambridge, the Massachusetts Supreme Court ruled that a student could be expelled from a public school, if they were a child who was "weak in the mind," could not benefit from instruction, was distracting to other students, was unable to take "decent, physical care of himself," and made "unusual noises."
  • White House Conference on Children

    White House Conference on Children
    In 1910, the first White House Conference on Children had the primary goal of establishing remedial programs for children with special needs. Students with disabilities were moved from isolated settings in institutions to segregated settings when public schools created permanent, segregated classes to meet the needs of these students.
  • Laws require public schools to educate students with disabilities

    In 1911, New Jersey became the first state to pass a law requiring public schools to educate students with disabilities. A few other states followed suit. These laws, however, were not enforced.
  • All compulsory education laws are in place

    By 1918, compulsory education laws had been passed in all states. However, children with disabilities were still frequently excluded from public schools.
  • Beattie v. Board of Education

    In the case of Beattie v. Board of Education, the Wisconsin Supreme Court ruled that the school district was allowed to expel a student with disabilities, even though he had attended the school until fifth grade. The court stated that the student's disability "nauseated the teachers and other students, required too much teacher time, and negatively affected school discipline and progress."
  • Decrease in special education programs

    Decrease in special education programs
    The 1930s saw a decrease in special education programs, as the country grappled with the financial constraints of the Great Depression. With an increasingly heterogenous student body, schools further separated students with disabilities from their peers. These segregated classrooms now became as restrictive as previous placements in institutions.
  • Parent advocacy groups begin to form

    In 1933, the first parent advocacy group was formed in Ohio to protest the exclusion of their children with disabilities from school. Similar small, local groups began to form throughout the nation. Although these groups did not yet band together at the national level, these groups were critical to the development of special education services.
  • Students are excluded from compulsory attendance laws

    In Ohio, the Cuyahoga County Court of Appeals rules that the state can exclude certain students from the compulsory attendance laws for children ages 6 through 18. The court also stated that students have a right to attend school, noting the importance of education and the compulsory attendance laws. This highlighted the contradiction between compulsory education laws and exclusionary provisions.
  • Brown v. Board of Education

    Brown v. Board of Education
    The Supreme Court ruled that it was unconstitutional to impose state-regulated or state-sanctioned segregation based solely on an individual's unalterable characteristics, such as race or disability. This basic right equal educational opportunities was considered by many to be applicable to students with disabilities as well.
  • Department of Public Welfare v. Haas

    The Supreme Court of Illinois rules that the state's compulsory attendance laws did not require schools to educate the "feeble minded" or children who were "mentally deficient" because they were said to be unable to benefit from a good education.
  • Education of Mentally Retarded Children Act

    Funds are appropriated to train teachers of children with disabilities.
  • Training of Professional Personnel Act

    Funds are appropriated to help train leaders to educate children with disabilities.
  • The Elementary and Secondary Act (ESEA)

    The Elementary and Secondary Act (ESEA)
    ESEA is passed, with the purpose of providing educational opportunities to disadvantaged students, including those with disabilities. This marked the first time the federal government gave direct funding to states for the education of certain groups of children and was a precursor of direct aid for students with disabilities in particular.
  • The Education of the Handicapped Act (EHA)

    Title VI of ESEA was replaced with EHA, which provided funds to states if they initiated, expanded, or improved programs and projects for students with disabilities. It also provided funding to higher education institutes to train teachers of students with disabilities. It was the first freestanding special education law.
  • PARC v. Pennsylvania

    In a class action lawsuit, PARC argued that the state was not providing students with disabilities an adequate education, violating their 14th Amendment rights. The court's decision specified that all children with disabilities must be provided an education, preferably in a program most like the program for their peers without disabilities. This decision paved the way for future developments regarding the educational rights of children with disabilities.
  • Mills v. Board of Education

    Mills v. Board of Education
    Mills v. Board of Education cited that students with disabilities were being unfairly excluded from school without due process of law, therefore violating their 14th Amendment rights. The decision mandated that the school board provide all children with disabilities a publicly supported education. The court also ordered the district to provide due process safeguards and clearly outlined process procedures. These safeguards became the basis for the due process piece of EAHCA.
  • Section 504

    Section 504
    Section 504 is a short provision of the Rehabilitation Act of 1973 which prohibits the discrimination against an individual with disabilities by any agency receiving federal funds. It was the first federal civil rights law to protect the rights of those with disabilities.
  • The Education for All Handicapped Children Act (EAHCA)

    The Education for All Handicapped Children Act (EAHCA)
    EAHCA was passed as an educational bill of rights that promised federal financial incentives for schools that met the following requirements: (1) nondiscriminatory testing, evaluation, and placement procedures; (2) education in the least restrictive environment; (3) procedural due process, including parent involvement; (4) a free education; and (e) an appropriate education as defined in an individualized education program (IEP).
  • The Handicapped Children's Protection Act (HCPA)

    The Handicapped Children's Protection Act amended the EAHCA to grant authority to courts to award attorney's fees to parents if they are successful in their lawsuit under the Act. In addition, it overturned the ruling that the EAHCA was the sole source of legal relief.
  • The Education of the Handicapped Amendments

    This law made grants to states who provide services to children with developmental disabilities from birth to their third birthday. The urged states to develop and implement state-wide early intervention programs. In later became a subchapter of IDEA.
  • The Individuals with Disabilities Education Act (IDEA)

    The Individuals with Disabilities Education Act (IDEA)
    When EAHCA was amended in 1990, it was renamed the Individuals with Disabilities Education Act (IDEA). The amendments changed the term "handicap" to "disability" throughout the law and used people-first language. It added two disability categories, autism and traumatic brain injury, and added and clarified kinds of assistive technology, as well as related and rehabilitation services. Lastly, it mandated individualized transition planning for the IEPs of students with disabilities 16 and older.