History of Special Education Law

  • White House Conference of 1910

    This focused national attention on children and youth with disabilities. Students moved from institutions to segregated placements within public schools.
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    Decrease in Special Education programs

    Although laws for students with disabilities were put in place, there was a decrease in special education programs during this time due to unidentified students, drop outs, expelled students, and the financial contraints of the Great Depression.
  • Cuyahoga County Ohio Council for the Retarded Child

    Five mothers of special needs children of varying disabilities fought their exclusion from public school. This resulted in a special education class for their children.
  • Cuyahoga County Court of Appeals in Ohio

    Gave the State Department of Education the authority to exclude certain students. There was a condtradiction between compulsary attendance and exluding students with disabilities.
  • National Association for Retarded Citizens

    This group provided information, monitored the quality of servcies, and advocated for the rights of citizens with disabilities.
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    Civil Rights Movement

    While this movement was centered around race equality, it paved the way for equal rights for all people, including those with special needs.
  • Brown vs. Board of Education

    With the equal opportunity ruling in this case, advocates for those with special needs argued that students with disabilities have the same rights as students without disabiliites.
  • Elementary and Secondary Education Act of 1965

    President Lyndon Johnson ruled that the federal government would provide direct funding to states to assist in educating certain groups of students, which included those with special needs.
  • The Education of the Handicapped Act

    This provided funding at state and local levels if the state initiated, expanded, or improved programs for special education students. This was the first freestanding special education law. It mandated that special education students not only be educated, but that they should receive related services to meet their needs.
  • Pennsylvania Association for Retarded Citizens vs. Pennsylvania (PARC)

    This was a class action suit against the Commonwealth of Pennsylvania for violating the Equal Protection of the Laws of the 14th Ammendment. The resolution was that all children with mental retardation between the ages of 6 & 21 must be provided a free public education.
  • Mills vs. Board of Education

    This was a lawsuit against the District of Columbia's Board of Education filed by the parents of seven children.. The ruling was that these students and all students with disabilities were improperly excluded from school without due process of the law. This violated the Constitution under the 14th amendment. In winning this case, students with disabilities gained the right to a publicly supported education, the right to due process, and procedural safeguards.
  • Section 504 of the Rehabilitation Act of 1973

    While it was a short provision to this act, it was important because it prohibited discrimination against a person with a disability by any agency receiving federal funds, regardless of race and gender.
  • The Education Amendments of 1974

    This was an amendment to the EHA that required each state receiving federal special education funding to establish a goal of providing full educational opportunities for all children with disabilities.
  • Education for All Handicapped Children Act of 1975

    This act combined an educational bill of rights with the promise of federal financial incentives. It stated that all states provide free and appropriate pulbic education for all qualifying students ages 3-21 with an Indvidualized Education Program.
  • The Individuals with Disabilities Education Act of 1990

    This act put into place the following: substituted the word disability for the term handicapped, implemented using "people first" language when referring to those with disabilities, added autism and traumatic brain injury as disability categories, and implemented transition planning for students 16 years and older to be included in an IEP plan.
  • IDEA Amendments

    These amendments called for improvement of student performance of those with disabilities.
  • The No Child Left Behind Act (NCLB)

    This was a reauthorization of the ESEA that held states and school districts accountable for producing measureable gains in achievement in reading and mathematics. This included students with disabilities.
  • The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)

    This Act reorganized the structure of the original IDEA. It requires that all special education teachers be highly qualified as stated in NCLB. It also requires the use of instructional strategies and methods based in scientific research.