History of Special Education Law

  • Brown v. Board of Education

    • Supreme Court ruled that racial segregation of children in public schools is unconstitutional -Catalyst for future educational equality cases
  • Civil Rights Act of 1964

    -Prohibited segregation in public places
    -Made employment discrimination illegal
    -Prohibited use of federal funds for any discriminatory program
    -Authorized Office of Education now Department of Education
  • The Elementary and Secondary Education Act

    -Provides federal funding to primary and secondary education
    -Mandates funding for professional development, instructional materials, resources to support educational programs, and the promotion of parental involvement
    -Aimed to shorten the achievement gap of students from lower-income families
    -Amended the following year to provide federal funding to increase programs for children with disabilities
  • PARC v. Commonwealth of PA

    -Fought law that had allowed public schools to deny services to children “who have not attained a mental age of five years” by the start of first grade
    -Ruling requires PA schools to provide a Free Appropriate Public Education (FAPE)
    -Helped lay the groundwork for passing the Education for All Handicapped Children Act
  • Mills vs Board of Education

    -Fought against students being expelled or denied education due to mental/behavioral disabilities
    -Court found denying students with a disability is equivalent to discriminating against students due to race citing Civil Rights Act
    -Helped lay groundwork for passing Education for All Handicapped Children Act
    -Compulsory attendance law factor in that student behavior would continue at any school due to disability
    -School must conduct social/emotional assessments to develop positive behavior plan
  • The Rehabilitation Act-504

    -First disability civil rights law enacted in the U.S.
    -Prohibits discrimination against people with disabilities in programs that receive federal funding
  • The Education for All handicapped Children's Act (PL 94-142)

    -Started requiring schools to develop an Individualized Education Plan (IEP)
    -Established educational safeguards for students with disabilities and their parents
  • Armstrong v. Kline

    -Parents of student noticed their children in special education began to regress during summer break
    -Ruled in favor of parents and led to creation of the extended school year (ESY) program
    -ESY is available to children with disabilities
  • Larry P.vs Riles

    -Fought against IQ tests used to place African American students into “educable mentally retarded” (EMR) classes
    -Cited violation of Title VI of Civil Rights Act of 1964 claiming tests were biased
    -Court ruled that IQ testing cannot be sole indicator of placement
  • Hendrick Hudson School v. Rowley

    -Sued school for not providing interpreter for deaf student, citing violation of Education for All Handicapped Children act
    -Supreme Court ruled in favor of school because Rowley was succeeding without the interpreter
    -Case offered a new interpretation of FAPE
    -Created a definition of FAPE and clarified that students do not need to have maximum support but enough to "permit the child to benefit educationally from that instruction"
  • Irving Independent School District vs Tatro

    -Court’s first attempt to define the distinction between “school health services” and “medical services”
    -Parents sued school for not providing catheterization services to student with bladder disability citing violation of Education for All Handicapped Children Act
    -Ruled that school had to provide catheterization services during class hours to a student with spina bifida
  • Burlington School Committee vs DOE

    -Parents removed student from public school after part of IEP created had him moving to another school which parents did not agree with
    -Using Education for All Handicapped Children Act (EAHCA) safeguards which granted courts authority to grant whatever relief they determined was appropriate in disagreement of IEP
    -Supreme Court ruled parents could be reimbursed for private school tuition after disagreeing with IEP designed by public school officials
  • EHA Amendment

    -Created Handicapped Infants and Toddlers Program
    -Provides educational services for children birth through age 2 with disabilities
  • Honig vs Doe

    -Ruled schools cannot not expel or indefinitely suspend students for behaviors related to their disabilities
    -Court enacted that states must provide services directly to students with disabilities when local school boards fail to do so
  • Danny R.R. vs State Board of Education

    -Parents filed suit claiming that school's refusal to place student in regular ed classroom violated EAHCA
    -Resulted in the Daniel two-part test where school has done their legal obligation by meeting two requirements:
    1. Can education in the general education classroom with supplementary aids and services be achieved satisfactory
    2. If a student is placed in a more restrictive setting, is the student integrated to the maximum extent appropriate
    -Court found student's needs disrupted classroom
  • EHA Amendment

    -Renamed Education for All Handicapped Children Act into The Individuals with Disabilities Education Act (IDEA)
    -Added traumatic brain injury and autism as new categories of disability
    -Transition plan for students no later than age 16 was added
    -Expanded scope of services to include social work and rehabilitation counseling
  • Americans with Disabilities Act (ADA)

    -civil rights law prohibiting discrimination based on a disability in public life (jobs, schools, transportation, any public place)
    -to be protected one must have a disability as classified by the ADA
  • Board of Education in Sacramento CA vs Holland

    -Family requested student be placed full-time in regular education classroom, school offered half-time placement after family sought mediation
    -Court found school had not made sufficient effort to accommodate student within general education setting
    -District unable to prove significantly higher cost of placing student in regular education classroom
    -Landmark victory regarding the LRE right of students with disabilities be educated alongside their non-disabled peers
  • Oberti vs Board of Education

    -Parents filed lawsuit citing school did not attempt to include student in regular education classroom to the "maximum extent appropriate"
    -Parents fought that student could benefit in regular ed classroom with supplemental aids and services
    -Developed two part "Oberti Test" to determine school compliance of least restrictive environment LRE
  • EHA/IDEA Amendment

    -Changed the IEP team and added new components
    -Reorganized the structure of IDEA
    -Began requiring states to offer intervention efforts to parents before due process hearings
  • Cedar Rapids Community School District vs Garrett F.

    -Family of student with disability sought nursing services be provided by school after they supplied necessary personal attendant up to 5th grade
    -Ruled that IDEA requires school boards to provide continuous nursing services to disabled students who need them during the school day as long as services of license physician not needed
    -Since the student did require a doctor to provide the services, court ruled that school must provide nursing service
  • No Child Left Behind

    -Reaction to the low academic achievement of American students
    -Began holding the government responsible for the gains for students academically
    -Kickstarted standardized testing
  • IDEA Amendment

    -Gave a definition to "highly qualified" special education teacher
    -encouraged the use of the RTI model in classrooms
    -Removed short term goals in IEP's except for those with severe disabilities
  • Gaskin vs Commonwealth of PA

    -Fought to ensure that school districts comply with existing federal laws mainly regarding "Least Restrictive Environment" (LRE)
    -Ruling enacts monitoring how well schools are providing services to students with disabilities
    -Led to development of new policies requiring consideration/provision of supplementary aids and services in classrooms to all students with disabilities who can benefit from education in regular ed classes
  • Every Student Succeeds Act

    -Replaced No Child Left Behind act
    -Gives more decision power to States in education planning within Federal framework
    -Goal is to close education achievement gaps, provide all children with a equitable, high-quality education by encouraging personalized learning
    -Requires states to involve parents in the accountability process for schools
  • Endrew F v. Douglas County School District

    -Parents sued for private school tuition reimbursement after public school was unable to provide "significant improvements"
    -Lower courts ruled in favor of school district, citing right to free public education but no particular level of education
    -Supreme Court ruled in favor of higher standards for public school education provided to students with disabilities