History of Special Education Law

  • Brown vs Board of Education

    Brown vs Board of Education
    Racial segregation of schools negatively impacted the education of black students and was determined to be a violation if the 14th Amendment - As a result of this case the Equal Protection Doctrine was developed
  • Civil Rights Act 1964

    Civil Rights Act 1964
    Outlawed discrimination on the basis on race, sex, religion, color, or national origin - Challenged the idea of "separate but equal" - A catalyst in the field of special education law as this act helped to ensure that students with special needs were no longer excluded or denied a free appropriate public education
  • The Elementary and Secondary Education Act

    The Elementary and Secondary Education Act
    Also known as ESEA - Provided federal money to states to improve educational opportunities for disadvantaged children - Title VI of ESEA added funding grants
  • PARC vs Commonwealth of Pennsylvania

    PARC vs Commonwealth of Pennsylvania
    Students with mental retardation were not receiving public education because of their disability - Violation of the 14th Amendment - All children with mental retardation must be provided free public education
  • Mills vs Board of Education

    Students were denied or excluded from public education because of a variety of disabilities because the board claimed it was impossible to fund the education of these students with special needs - Board must provide all children with publicly supported education
  • The Rehabilitation Act 504

    Replaced Title VI of ESEA (1965) - Consolidated and expanded federal grant programs and continued to fund pilot programs at state and local levels - This act was crucial to special education law as it was the first freestanding special education law, mandated special education, and required education and services for student progress
  • Education of All Handicapped Children's Act (PL 94-142)

    On November 29th signed into law by President Ford - Special education students were excluded or did not receive appropriate education - This Act ensure students with special needs receive free appropriate public education and individualized education plans
  • Armstrong vs Kline

    Armstrong vs Kline
    Pennsylvania Department of Education refused to provide or fund special education services exceeding 180 days per year - Violation of PL 94-142 (1975) - Extended School Year for students with special needs to continue receiving education and services needed
  • Larry P vs Riles

    Larry P vs Riles
    Black children wrongly placed in special education - IQ tests would be used henceforth to determine EMR and prevent students from being wrongly placed in special education
  • Hendrick Hudson School vs Rowley

    Hendrick Hudson School vs Rowley
    A student with special needs was denied a sign language interpreter for all her classes on the basis that she was making progress without this services previously - This case helped define what is considered to be "appropriate" under Free Appropriate Public Education (FAPE)
  • Irving Independent School District vs Tatro

    Violation of 504 because the district would not provide student with medical services needed during school hours - Students can not be denied FAPE due to specific medical needs
  • Burlington School Committee vs DOE

    School was not equipped to handle the special needs of a student and agreed that his appropriate placement involved moving him to a new school - Parents can be reimbursed for private school tuition paid after disagreeing with IEP
  • Danny R.R. vs State Board of Edcuation

    Danny R.R. vs State Board of Edcuation
    School refused to place a student with special needs in a classroom with typical peers - Students with disabilities have the right to be included in general education setting (inclusion)
  • Americans with Disabilities Act (ADA)

    Americans with Disabilities Act (ADA)
    Prohibits discrimination against individuals with disabilities in all areas of public life including jobs, schools, transportation, and public places - Ensures equal rights of those with disabilities
  • EHA Amendment

    EHA Amendment
    Traumatic Brain Injury and Autism were added as new disability categories and individual transition plans required to be added to IEP for transition to post-secondary life
  • Oberti vs Board of Education

    Student was not recommended for regular education placement based on behaviors the district felt prohibited him from participating in the regular education setting - The conclusion of this case advocated for mainstreaming with appropriate supplemental supports and services
  • Board of Education in Sacramento CA vs Holland

    Student with special needs denied full time regular education placement - Students who benefit from regular education should be mainstreamed in regular education placement with supplemental services
  • Gaskin vs Commonwealth of PA

    Student with special needs denied FAPE and supplemental services needed to be successful in regular education - Least Restrictive Environment (LRE) requires IEP team to take special consideration into integrating students in regular education - As a result of this case new IEP forms were developed
  • EHA / IDEA Amendment

    EHA / IDEA Amendment
    Added new IEP components and new disciplinary provisions, required states to offer mediation to parents prior to due process
  • Cedar Rapids Community School District vs Garrett F.

    Cedar Rapids Community School District vs Garrett F.
    School refused to provide nursing services for student with special needs during school - Under IDEA the school board is responsible for services - This case cited Irving Independent School District vs Tatro (1984)
  • No Child Left Behind

    No Child Left Behind
    Signed into law by President Bush on January 8th, 2002 - Reauthorization of ESEA making schools accountable for producing measurable progress in student reading and mathematics in public schools - Students with disabilities were included in NCLB
  • IDEA Amendment

    IDEA Amendment
    Reorganized IDEA - Defined what it means to be a "highly qualified" special education teacher, prohibited discrepancy when determining if a student is eligible to be considered learning disabled, encouraged response to intervention - Response To Intervention (RTI) used to positively motivate and redirect students both academically and behaviorally