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Brown Vs. Board of Education 1954
Five Supreme Court cases, consolidated to Oliver Brown, challenged the constitutionality of racial segregation (https://www.nps.gov/brvb/learn/historyculture/index.htm).
“This decision opened a number of legal avenues for those seeking redress for students with disabilities” (Rodgers 1998) References:
Yell, M., Rogers, D., & Lodge Rodgers, E. (1998). The legal history of special education. Remedial & Special Education, 19(4), 219. Retrieved from Academic Search Alumni Edition database. -
Mills VS. Board of Education 1972
Soon after PARC; based on the “14th Amendment, [M V. B] charged that students were improperly excluded from school without due process of law” (Zettel & Ballard, 1982). Mills won and “mandated that the board provide all children with disabilities a publicly supported education” (Rodgers 1998). References:
Yell, M., Rogers, D., & Lodge Rodgers, E. (1998). The legal history of special education. Remedial & Special Education, 19(4), 219. Retrieved from Academic Search Alumni Edition database. -
Pennsylvania Association for Retarded Citizens v. Pennsylvania: PARC V Penn (1972)
“…students with mental retardation were not receiving publicly supported education...the state was delaying/ignoring its constitutional obligation to provide a publicly supported education… resolved by...specifying that all children with mental retardation between the ages of 6 and 21 years must be provided a free public education” (Rodgers 1998). Reference:
Yell, M., Rogers, D., & Lodge Rodgers, E. (1998). The legal history of special education. Remedial & Special Education, 19(4), 219. -
Section 504 of the Rehabilitation Act of 1973
"[Section 504] is the civil rights declaration of the handicapped" (Rodgers 1998). 504 is not education specific, receives no federal money and is protection for students who do not qualify for special educational services. References:
Yell, M., Rogers, D., & Lodge Rodgers, E. (1998). The legal history of special education. Remedial & Special Education, 19(4), 219. Retrieved from Academic Search Alumni Edition database. -
Public Law 94-142: Education for All Handicapped Children (EAHCA) – 1975
Signed into law by President Ford, EAHCA, better known today as IDEA, was enacted to ensure each child was provided the opportunity for a free and appropriate education."The Individualized Education Program (IEP) was the centerpiece of the EAHCA" (Honig v. Doe, 1988) References:
Yell, M., Rogers, D., & Lodge Rodgers, E. (1998). The legal history of special education. Remedial & Special Education, 19(4), 219. Retrieved from Academic Search Alumni Edition database. -
Jacob Javits Gifted & Talented Students Education Act - 1988
Reauthorized through Every Student Succeeds Act (ESSA) is the first program specifically for gifted students. "Javits Act focuses ..on identifying and serving students who are traditionally underrepresented in gifted and talented programs..." (National Association For Gifted Children 2018). References:
Jacob Javits Gifted & Talented Students Education Act. (n.d.). Retrieved from https://www.nagc.org/resources-publications/resources-university-professionals/jacob-javits-gifted-talented-students -
Individual with Disabilities Education Act (IDEA)
IDEA formerly known as EACHA was signed by President Bush in 1990. The 1990 revision of IDEA served to amend EACHA with four key changes: 1. Notification 2. Participation in meetings 3. Content of the IEP and 4. Agency responsibility. References:
University of Minnesota. (1993). Policy Update IDEA: Its Impact on Transition Regulations. National Transition Network,winter. Retrieved September 4, 2018, from https://mn.gov/mnddc/parallels2/pdf/90s/93/93-POU-IDE.pdf. -
IDEA Part B 1997: Services to Parentally Placed Private School Students with
In 1997 IDEA went under a re-authorization, specifically for parents who have placed their child with disabilities in a private school. With Part B the major changes are: 1. Consultation: LEA'sand private school officials. 2. No individual entitlement to services and 3. Services plan. References:
Individuals with Disabilities Education Act (IDEA) 1997/Services to Parentally Placed. (2017, March 01). Retrieved from https://www2.ed.gov/about/offices/list/oii/nonpublic/idea1.html -
No Child Left Behind (NCLB): Elementary and Secondary Education Act (ESEA)- 2001
Signed by W. Bush NCLB is a re-authorization and revision of Johnson's (ESEA), that increases the role the federal government plays "guaranteeing the quality of public education for all children in the U.S. with increased funding and mandatory testing" (NCLB). Reference:
The new rules An overview of the testing and accountability provisions of the No Child Left Behind Act. (n.d.). Retrieved from https://www.pbs.org/wgbh/pages/frontline/shows/schools/nochild/nclb.html -
H.R 1350: Individual with Disabilities Education Improvement Act (IDEIA) or IDEA 2004.
The changes to IDEA signed by President George W. Bush was an improvement surrounding transition services and revised wording on sections 601: addition of further education, 602: Student to child, 614: addition of 5B i-ii. For exact verbiage change see: http://www.ncset.org/publications/related/ideatransition References:
Johnson, D. R. (n.d.). Key Provisions on Transition IDEA 1997 compared to H.R. 1350 (IDEA 2004). Retrieved from http://www.ncset.org/publications/related/ideatransition
