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PARC v. Commonwealth of Pennsylvania
A class action suit was filed for fourteen children with developmental disabilities who had been prevented from accessing public education in Pennsylvania. It was argued that their rights were violated under the Equal Protection and Due Process clauses of the Fourteenth amendment. The Court stopped Pennsylvania from denying education appropriate to the learning capacities of students.
https://disabilityjustice.org/right-to-education/ -
Education for All Handicapped Children Act (EAHCA) PL 94-142
PL 94-142 guaranteed a free and appropriate public education to all children with disabilities. Four purposes: 1. Improved the identification process as well as education 2. assess success of the process 3. Give due process protection to students and families 4. Financial incentives to help states comply with the law.
https://www2.ed.gov/about/offices/list/osers/idea35/history/index_pg10.html -
PL 101-476 Changes Education for All Handicapped Children Act
This amendment adds Traumatic Brain Injury and autism to the list of disability categories of EHCPA. It added transition planning to the IEP for students by age 16. The amendment added social work and rehabilitation counseling to related services.
https://www.biausa.org/public-affairs/public-policy/individuals-with-disabilities-educa -
The Individuals with Disabilities Education Act
IDEA mandates every state to provide Free and Appropriate Public Education (FAPE) for all students with disabilities. Local education agencies (LEA) must identify and evaluate children with disabilities. Eligibility must be determined after evaluation, and special education and related services must be provided based on the needs of the child.
https://www2.ed.gov/about/offices/list/oii/nonpublic/idea1.html -
IDEA Amended 2004
Changes include: elimination of demonstration of "severe discrepancy to determine Specific Learning Disability. A parent or school district can request evaluation for SPED. Child find includes homeless and Wards of the State and those attending private schools. There are many more...
https://www.ncld.org/wp-content/uploads/2014/11/IDEA-Parent-Guide1.p