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Brown VS The Board of Education
1954: Brown v. Board of Education:
Supreme Court ruling against "separate but equal." This landmark Supreme Court case, which declared "separate but equal" unconstitutional in the context of racial segregation, laid the legal groundwork for future disability rights advocacy. The case established that all children have a right to equal educational opportunities. Court Case -
Civil Rights Movement
1960s: Civil Rights Movement: Inspired disability rights advocacy. The Civil Rights Movement's focus on equality and inclusion inspired disability rights advocates to demand similar rights for individuals with disabilities. Social and political momentum for equal rights. LINK -
Public Law 87-276
The Teachers of the Deaf Act (PL 87-276) provided for the training of teachers who work with the deaf or hard of hearing. REFERENCE -
The Elementary and Secondary Education Act
The Elementary and Secondary Education Act, known as the No Child Left Behind Act, became the primary public education law, which originated with President Lyndon Johnson. The intent of this historical law was to close the achievement gap between children who live in poverty and their more advantaged peers. REFERENCE -
Public Law 90-538
The Handicapped Children's Early Education Assistance Act (Public Law 90-538) was passed, which provides for establishing 75 to 100 model programs for preschool handicapped children. REFERENCE -
PARC v. Commonwealth of Pennsylvania
1972: PARC v. Commonwealth of Pennsylvania:
Right to education for children with intellectual disabilities. This established that children with intellectual disabilities had a right to a free public education. The court ruled that denying these children access to education violated their equal protection rights. [Reference](Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania, 334 F. Supp. 1257 (E.D. Pa. 1971)) -
1972: Mills v. Board of Education of the District of Columbia
The court ruled that all children with disabilities, regardless of severity, had a right to a free public education. Expansion of educational rights to all children with disabilities. Challenges and Barriers:
Widespread exclusion of children with disabilities from public schools. Lack of funding and resources for special education. Discriminatory attitudes and practices. [Reference](Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.D.C. 1972)) -
IDEA's Inception and Early Years: Education for All Handicapped Children Act (EHA)
EHA faced challenges related to funding, teacher training, and consistent application of the law. This law established the right of all children with disabilities to a "free appropriate public education" (FAPE) in the "least restrictive environment" (LRE). It mandated the development of Individualized Education Programs (IEPs). [REFERENCE](Individuals with Disabilities Education Act, Public Law 108-446 (2004). Retrieved from https://www.congress.gov/108/plaws/publ446/PLAW-108publ446.pdf) -
Public Law 94-142
The Education for All Handicapped Children Act (EHA). Its goal was to protect the rights of, meet the individual needs of, and improve results for children with disabilities and their families. Before this, most individuals with mental retardation and mental illness lived in state facilities. Studies show that in 1967, 200,000 individuals with significant disabilities were housed in state facilities. REFERENCE -
Period: to
Pre IDEA
Pre-IDEA (Before 1975): Foundations of Change
Early 20th Century: Children with disabilities were largely excluded from public education or placed in segregated institutions. Cultural attitudes often viewed disabilities as a source of shame or a reason for isolation -
Public Law 99-457
Public Law 99-457 was an amendment to the All Handicapped Children Act, which mandated that individual states provide services to families of children born with disabilities from the time they are born. Previously, these services were not available until a child reached the age of three. REFERENCE -
Handicapped Children’s Protection Act
August 6, 1986: President Reagan signed the Handicapped Children’s Protection Act, a law that gave parents of children with disabilities more say in the development of their child’s Individual Education Plan, or IEP. REFERENCE -
1990: Individuals with Disabilities Education Act (IDEA)
The Education for All Handicapped Children’s Act became the Individuals with Disabilities Education Act. President Clinton reauthorized IDEA with several key amendments that emphasized providing all students with access to the same curriculum, Additionally, states were given the authority to expand the “developmental delay” definition from birth through five years of age, also to include students between the ages of six and nine. -
Public Law 101-476
Public Law 101-476 called for significant changes to Public Law 94-142, or the Education for All Handicapped Children Act. Traumatic brain injury and autism were added as new disability categories. Additionally, Congress mandated that as a part of a student’s IEP, an individual transition plan, or ITP, must be developed to help the student transition to post-secondary life. REFERENCE -
IDEA Reauthorization
Focused on accountability and inclusion. Focused on improving educational outcomes for students with disabilities. Emphasized accountability, parental involvement, and access to the general education curriculum. General education teachers are required to be part of the IEP team. Influence: Greater accountability and inclusion in general education.
REFERENCE (https://www.ed.gov/sites/ed/files/policy/speced/guid/idea/tb-init-eval.pdf) -
IDEA in the 21st Century
Ongoing:
Continued focus on outcomes and addressing (https://sites.ed.gov/idea/) Federal Level (National Impact):
Federal oversight and funding. State Level (California):
State implementation and challenges. https://www.cde.ca.gov/sp/se/ Local Level (District/Site):
Local implementation and variability. California Department of Education Special Education Division. Retrieved from https://www.cde.ca.gov/sp/se/ [REFERENCE](Yell, M. L. (2019). The law and special education. Pearson) -
IDEA Improvement Act
Aligned IDEA with the No Child Left Behind Act (NCLB), emphasizing evidence-based practices and accountability. Focused on reducing paperwork and improving dispute resolution. Alignment with general education reforms and emphasis on evidence-based practices. Increased emphasis on standardized testing and accountability. Continued funding challenges. [REFERENCE](U.S. Department of Education. (n.d.). Building the Legacy: IDEA 2004. Retrieved from https://sites.ed.gov/idea/) -
NOW - Federal Level
The U.S. Department of Education continues to provide guidance, monitor state compliance, and allocate funding. Addressing the impact of teacher shortages, particularly in special education. Ensuring equitable access to services during and after national emergencies Data collection to ensure accurate reporting of student outcomes. -
NOW - State Level
California faces ongoing challenges related to:
Funding disparities across districts. Implementing effective inclusion practices in diverse school settings. Addressing the needs of English learners with disabilities. Supporting the social-emotional well-being of students. Implementing statewide initiatives relating to early intervention. California's efforts to provide professional development for teachers on inclusive practices and to increase access to assistive technology. -
NOW - Local Level
Implementing evidence-based interventions and supports. Promoting collaborative practices among general education and special education teachers. Increasing parent engagement in the IEP process.
Providing access to technology and resources that can support students with disabilities. Addressing the needs of students with complex disabilities and those with co-occurring disorders.