History of Special Education Law

By kmfrey
  • Brown v. Board of Ed

    This Supreme Court case found that the separate schools for white and African American students were not equal. It determined that schools must desegregate. It also brought awareness to other racial inequalities.
  • Civil Rights Act (1964)

    This act outlawed segregation in businesses and public places, including schools.
  • Elementary and Secondary Education Act (1965)

    ESEA helps elementary and secondary schools by funding professional development and materials and resources for instruction.
  • PARC v. Commonwealth of PA

    Citizens of Pennsylvania were being denied access to free education due to their intellectual disability. It was argued that regardless of someone's intellectual disability, they can still benefit from free education. The ruling was that no child, regardless of their disability, can be denied access to a free education.
  • Mills v. Board of Education

    This was a class action lawsuit from families of students who were being denied access due to their disabilities. It was ruled that students with disabilities cannot be denied access to a free public education, even if it costs the districts more money.
  • The Rehabilitation Act - 504

    People with disabilities cannot be excluded from participation in programs who receive federal financial assistance, including schools.
  • The Education for All Handicapped Children's Act (PL 94-172)

    The EAHCA mandated that schools receiving federal funds had to give children with disabilities equal access to education. It also said it had to be in the least restrictive environment.
  • Armstrong v. Kline

    School districts were being sued by 5 families because they felt their children were being denied access to a free education due to the 180 day rule from the Education for All Handicapped Children Act. The children were regressing in knowledge and skills during long school breaks. It was ruled that the 180 day rule did violate their access to education.
  • Larry P. v. Riles

    African American students were given IQ tests to determine if they needed special education; however, the IQ test was racially biased. It was found that IQ tests could not be used to determine African American students placement in special education because it violated equal protections due to students wrongfully being placed in special education classes.
  • Hendrick Hudson School v. Rowley

    A student who was deaf was provided with hearing aids and speech therapy but was not provided with a sign language interpreter like her parents requested. They said she was not able to fulfill her full potential because of it. The Supreme Court ruled that EAHC only guaranteed students benefit from instruction, not that they achieve their full potential.
  • Irving Independent School District v. Tatro

    A child who required catheterization throughout the school day was being denied a staff person who could perform this task. The Supreme Court determined that because a doctor was not needed to perform the process, a trained professional could, then it fell under "related services" and not "medical services" in EAHCA. The district had to provide a trained professional so that the child could attend school.
  • Burlington School Committee v. Department of Education

    During an IEP review, a father moved his child from public school to a private school. The town felt this invalidated the review process of an IEP as set for in the Education of the Handicapped Act. The father wanted the private school tuition reimbursed. It was determined that since the private school was a better placement for the child, the town had to pay the tuition, even though the IEP had yet to be changed.
  • Education of the Handicapped Act Amendment

    This amendment brought in early intervention services. Previous children with disabilities were being served from ages 3-21. This had services start at birth if needed. It also included parents input into IEPs.
  • Honig v. Doe

    2 students who were emotionally disturbed, were suspended for their actions related to their disabilities. During their suspension the schools decided to recommend expulsion. The long suspension was determined to violate "stay-put" section of EAHCA . It was determined that schools could not suspend students for more than 10 days if their misconduct was related to their disability. If the local district didn't follow through with this then it held the state responsible.
  • Danny R.R. v. State Board of Education

    Danny was enrolled in a half day regular education class and a half day special education class. After attending the regular education class it was determined this was not a good fit for Danny. Danny was then just enrolled in the half day special education class. His family felt procedures hadn't been followed in determining this and changing his placement. The court sided with the state board of education that procedures had been followed and this was the best placement for the child.
  • Americans with Disabilities Act

    Prohibits discrimination against someone for their disability.
  • EHA Amendment (becomes Individuals with Disabilities Education Act)

    IDEA places more focus on the individual student rather than just the disability. It also added transition plans to the IEP and promoted research for best practices.
  • Oberti v. Board of Education

    The parents wanted the child to be with peers but due to behavior concerns he was kept in special education classes only. The effort to try and transition the child to being with other peers did not happen. It was found that this violated IDEA.
  • Board of Education in Sacramento CA v. Holland

    A child with an intellectual disability was denied access to general education classes for academic subjects. Her parents pulled her from public school and put her in private school while requesting due process. It was determined the district did not try hard enough to meet her needs in the general education classes. They adopted a rule to help determine the best placement for students with disabilities.
  • EHA / IDEA Amendment

    The 1997 amendment allows students with disabilities to participate in state-wide assessments with accommodations. It also extends the age that identifying someone with a developmental delay can be used, it went from ages 3-5 years of age to 3-9 years of age.
  • Cedar Rapids Community School District v. Garrett F.

    Garrett needed a nurse to be able to attend school due to his ventilator. His parents had been paying for the nurse but wanted the district to cover the cost while he was at school. This case helped determine what qualified as "related services" since it's required for him to access his free education.
  • No Child Left Behind

    This law required schools to show academic improvement each year. There were penalties for schools who did not show improvement.
  • IDEA Amendment

    Allows schools to use some of the federal funds to help students in general education who are struggling but have yet to be identified with a disability.
  • Gaskin v. Commonwealth of PA

    While this case was settled in 2004, it started on June 30, 1994. Students were being denied access to their least restrictive environment because support services were not provided to help the students in general education classes. Therefore they were put into special education classes. The action that was eventually taken was that the state will help make sure districts are complying with the inclusion mandates of IDEA.
  • Endrew F. v. the Douglas County School District

    Endrew's parents felt he wasn't making enough progress in his public school. They moved him to a private school where he made significant progress. They wanted the district to pay for the private school tuition. The argument was how much progress needs to be made. It was determined that under IDEA, people with disabilities need to see more than just the minimal growth.