History of Special Education Law

By ldinkel
  • Introduction

    Introduction
    Please see photo
  • Brown v Board of Education

    Prohibited segregation in public school on the basis of race
  • Civil Rights Act

    Prohibited discrimination in public places, schools, and federally funded programs 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
  • PARC v. Commonwealth of PA

    Required PA to provide students with mental retardation with a free appropriate public education
  • Mills v. Board of Education

    Decided that segregation of students with disabilities was also illegal; based off of Brown v Board of Education
  • The Rehabilitation Act - 504

    Prohibited discrimination against students with disabilities in programs that receive federal funding
  • The Education for All Handicapped Children Act (PL 94-142)

    Provided federal funding to states that agree to terms of EAHCA; Required states to provide a free appropriate public education; required schools to develop IEPs and established procedural safeguards
  • Armstrong v. Kline

    The court ruled that students with disabilities must be offered extended school year (ESY) opportunities, more than 180 days of instruction on a case-by-case basis
  • Larry P. v. Riles

    The court banned the use of IQ testing for all Africa-American students who have been referred for special education testing.
  • Honig v. DOE

    The first case to uphold the rights of emotionally disturbed students; these students cannot be suspended more than 10 days for behaviors related to their disability
  • Hendrick Hudson School v. Rowley

    The Court ruled that schools are not required to provide sign language interpreters to deaf students who are otherwise receiving a free appropriate education.
  • Irving Independent School District v. Tatro

    The Court ruled that clean intermittent catheterization (CIC) was a "related service", not a "medical service", and therefore could be included in the IEP and performed during the school day hours by a layperson
  • Burlington School Committee v. DOE

    Ruled that parents have a right to tuition reimbursement for private education if the public school does not provide a free and appropriate public education.
  • Education of the Handicapped Act Amendment

    Created federal financial incentives to educate children (birth - age 2) using early intervention strategies; required individualized family service plans (IFSP) for eligible children; extended EAHCA's Part B programs to 3 - 5-year-olds in participating states.
  • Oberti v. Board of Education

    Ruled that children with disabilities have the right to be included in regular classrooms with supplementary aids and services; schools must make an effort to mainstream students or explain why they cannot.
  • Danny R. R. v. State Board of Education

    Schools must place students in learning environments that allow then to interact with non-disabled peers to the greatest extent possible; created a 2-part test to determine if mainstreaming is appropriate (1) can the child be educated satisfactorily with the use of supplemental aids and services? (2) if not, has the child be mainstreamed to the maximum extent possible?
  • Education for all Handicapped Act Amendment

    Renamed the EAHCA the Individuals with Disabilities Education Act (IDEA); added autism and traumatic brain injury as disabilities; added a transition requirement to the IEP for students 16 or older; added language that states were not immune from lawsuits under the 11th Amendment for violations of the IDEA; changed to "people first" language.
  • American with Disabilities Act

    Prohibits discrimination against people with disabilities in many areas including employment, transportation, public accommodations, communications and access to local and state governments' programs and services.
  • Gaskin v. Commonwealth of PA

    Required IEP teams to integrate IEP students into regular classrooms with supplemental aids and services; Required the PA DOE (PDE) to create new IEP forms; Required school districts to strictly follow the IDEA; Established a LRE Advisory Panel; Required PDE to monitor school districts compliance with LRE; Provide districts with training and assistance on the LRE .
  • Board of Education in Sacramento CA v. Holland

    Created a 4-part test for determining if a student is correctly placed in the least restrictive environment (1) is the student receiving educational benefit from the regular classroom setting (2) is there the existence of non-academic benefits (3) to what extent does the student affect the teacher and other students (4) what is the added expense of the regular education placement?
  • EHA / IDEA Amendments

    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 the IDEA.
  • Cedar Rapids Community School District v. Garrett F.

    Required school boards to provide continuous nursing services to disabled students who need them during the school day.
  • No Child Left Behind

    Updated the ESEA with the following provisions: states were required to administer annual tests in reading and mathematics to public school students and show evidence of progression towards all students being proficient.
  • IDEA Amendment

    Defined a "highly-qualified" special education teacher; removed short-term objectives requirement from IEPs except for students with severe disabilities; prohibited states from requiring school districts to use a discrepancy formula for determining eligibility; encouraged the use of a RTI model to determine if students were learning disabled.
  • Endrew F. v. Douglas County School District

    Ruled that a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.