Significant Laws and Judicial Decisions in the History of Special Education

  • 14th Amendment

    14th Amendment
    Provided that all citizens entitled to “equal protection” of the law.
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    14th Amendment. Digital Image. www.padresteve.com. https://padresteve.com/2015/07/23/the-revolutionary-important-14th-amendment/.
  • Washington Compulsory School Attendance

    Washington Compulsory School Attendance
    Required all children 8-18 to attend school; exception for those children mentally or physically unfit to attend, and other exemptions.
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    Compulsory School Attendance Laws. Digital Image. www.eric.ed.gov. https://files.eric.ed.gov/fulltext/ED542358.pdf.
  • Act to Promote Education of the Blind

    Act provided federal funding to American Printing House for books and materials for blind students. First federal act to be passed that benefited blind students.
  • Watson v. City of Cambridge

    Watson v. City of Cambridge
    [MA] Highest court in Massachusetts ruled schools could exclude student deemed too “weak minded.”
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    Massachusetts Supreme Court. Digital Image. www.narf.org. https://www.narf.org/supreme-judicial-court-of-massachusetts-issues-important-native-american-religious-practices-decision/
  • Plessy v. Ferguson

    Plessy v. Ferguson
    Supreme Court ruled that as long as separate facilities for separate races were "equal," segregation did not violate the 14th amendment. "Separate but equal" also impacted treatment of individuals with special needs and supported separation of disabled students in schools.
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    Separate but "Equal" Drinking Fountains. Digital Image. www.piqueshow.com. https://www.piqueshow.com/home/2017/6/6/separate-but-equal.
  • Beattie v. Board of Education Wisconsin

    Beattie v. Board of Education Wisconsin
    Supreme Court of Wisconsin denied reinstatement of student with cerebral palsy in school due to lack of evidence showing that the school board’s action was illegal/unreasonable. The school board claimed that “his physical condition produced a depressing and nauseating effect on the teachers and school children.”
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    Seal of Wisconsin Supreme Court. Digital Image. www.wicourts.gov. https://www.wicourts.gov/courts/supreme/seal.htm
  • Brown v. Board of Education of Topeka KS

    Brown v. Board of Education of Topeka KS
    Supreme Court decides that discriminatory segregation or exclusion based on race violates 14th amendment:“Separate educational facilities are inherently unequal.” Required desegregation of schools nationwide. Played significant role in setting precedent for future cases of discrimination, including discrimination of disabled children.
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    High Court Bans Segregation. Digital Image. www.thirteen.org. https://www.thirteen.org/wnet/supremecourt/rights/landmark_brown.html
  • Training of Professional Personnel Act

    Helped increase amounts and types of training for program administrators and teachers of children with intellectual disabilities.
  • Teachers for the Deaf Act

    Teachers for the Deaf Act
    Helped provide federal aid to train teachers, speech pathologists, and audiologists for children who were deaf/hard of hearing.
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    JFK signs Teachers for the Deaf Act. Digital Image. www.jfklibrary.org. https://www.jfklibrary.org/asset-viewer/archives/JFKWHP/1961/Month%2009/Day%2022/JFKWHP-1961-09-22-D
  • Title VI of the Civil Rights Act of 1964

    Title VI of the Civil Rights Act of 1964
    “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Paved the way for discrimination protections for individuals with disabilities.
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    Lyndon Johnson Signing Civil Rights Act. Digital Image. Ducksters.com. https://www.ducksters.com/history/civil_rights/civil_rights_act_of_1964.php.
  • Elementary and Secondary Education Act (Amendment 1966)

    Elementary and Secondary Education Act (Amendment 1966)
    ESEA was the first federal grant program that targeted children with disabilities. The amendments established the Bureau of Education of the Handicapped and the National Advisory Council (now National Council of Disability) which fight for educational rights of students with disabilities.
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    Lyndon Johnson with childhood teacher at ESEA signing ceremony. Digital Image. vcu.edu. https://socialwelfare.library.vcu.edu/programs/education/elementary-and-secondary-education-act-of-1965/
  • PARC v. Pennsylvania

    PARC v. Pennsylvania
    PARC sued commonwealth of Pennsylvania for state law that excluded students who had not “attained a mental age of 5 years” and did not provide due process. Court ruled that denying intellectually disabled students access to FAPE is unconstitutional. Influenced future cases/special education laws.
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    Childhunt Advertisement after PARC v. Pennsylvania. Digital Image. www.thearcpa.org. www.thearcpa.org/file_download/da398c52-bf88-4b33-a58c-93b72bc6edbd
  • Mills v. BOE of District of Columbia

    Supreme court rules that schools must provide free and suitable education and supplementary services needed for children to attend school at no cost to the parents and “insufficient resources may not be the basis for exclusion.” Expanded the PARC case beyond developmental disabilities to include children who were denied schooling for emotional/behavioral issues. Set the stage for future federal legislation.
  • Section 504 of Rehabilitation Act

    Section 504 of Rehabilitation Act
    Section 504 stated that students with disabilities must be provided equal access to schooling with accommodations as given in 504/IEP plan, and cannot be discriminated, excluded, denied benefit from any program receiving federal assistance.
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    Implement 504 Sign. Digital Image. www.rampyourvoice.com. http://rampyourvoice.com/2017/02/03/black-history-month-2017-remembering-joyce-jackson-black-disabled-phenomenal/
  • Education for All Handicapped Children Act

    Our current SPED law, IDEA, is shaped from this act. EHA defines FAPE, LRE, and IEP. This act emphasizes non-discriminatory identification/evaluation, students with disabilities spending as much time as possible with nondisabled peers, parent and student participation in special education decisions, and procedural due process.
  • Hudson v. Rowley

    Hudson v. Rowley
    Supreme court ruled that school district not required to provide interpreter for deaf student. The decision defined “appropriate” in FAPE under the EHA act of 1975 as specially designed instruction and services necessary to provide the child some benefit from the instruction.
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    A case about Amy. Digital Image. Amazon.com. https://www.amazon.com/Case-About-Health-Society-Policy/dp/1566394120
  • Education of Handicapped Act Amendments

    Education of Handicapped Act Amendments
    Extended FAPE to students age 3-5 and includes intervention programs through an Individualized Family Service Plan (part H) for children age 0-2. It also described parental rights such to take part in developing the IEP, entitlement to a hearing by the state education agency if IEP is inappropriate, and filing suit if not in agreement with hearing decision.
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    PL99-457.Digital Image. www.govinfo.gov. https://www.govinfo.gov/content/pkg/STATUTE-100/pdf/STATUTE-100-Pg1145.pdf
  • Honig v. Doe

    Supreme court ruled that schools cannot expel students for behaviors related to their disabilities. The court ruled that California violated EHA by suspending a student for behavior related to his disability.
  • Americans with Disabilities Act

    Americans with Disabilities Act
    Any person with a disability cannot be excluded/denied benefit from any school district/institution, regardless if receiving federal financial assistance. Prohibits discrimination in the workplace. Calls for equal opportunity to employment, services, and transportation.
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    ADA. Digital Image. independentfutures.com. https://independentfutures.com/3-things-to-know-about-ada/
  • IDEA

    EHA became IDEA in 1990 and had many new changes including transition programs at age 16, BLE programs, extending SPED services to include social work and rehabilitation, due process, confidentiality of student information, autism and TBI became own classifications. Emphasized use of IEPs for all SPED students, FAPE, and LRE. The transition services provision required IEP team members to take think long-term to quality of life outcomes.
  • IDEA Amendment

    1997 changes to IDEA require every state to have policies and procedures in place to guarantee FAPE, discusses mediation, includes the general education teacher as part of the IEP team, requires students with disabilities to be included in state assessments, describes discipline procedures and behavior management plans, initiates individualized transition plans, broadens definition of access from physical to access to access to general education curriculum with individualized approaches.
  • NCLB No Child Left Behind Act

    NCLB No Child Left Behind Act
    Replaced ESEA. Called for all students, including students with disabilities, to meet proficiency in math and reading by 2014. Provided federal aid for programs working to improve performance to meet specific academic standards. Called for early intervention reading programs, highly qualified teachers, and increased school responsibility.
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    Bush signs NCLB. Digital Image. Edweek.org. https://www.edweek.org/ew/section/multimedia/no-child-left-behind-overview-definition-summary.html.
  • IDEA Improvement Act

    IDEA Improvement Act
    Reauthorization of IDEA with higher standards for special education teacher license/certification, increased funding to early intervention services, use of RTI, increased state and local accountability for special education, expanded methods for identifying students with SLD, and emphasized that IEP must be designed for child to make progress in general curriculum to meet GL standards.
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    IDEA. Digital Image. www.yolasite.com. http://joannasross.yolasite.com/idea-2004-part2.php.
  • Every Student Succeeds Act ESSA

    Every Student Succeeds Act ESSA
    Replaced NCLB and gave more control to states for standardized testing/consequences for low performance. Allows only 1% of students to be given alternative assessments.
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    ESSA Infographic. Digital Image. www.edtrust.org. https://edtrust.org/resource/the-every-student-succeeds-act-whats-in-it-what-does-it-mean-for-equity/
  • Endrew v. Douglas County

    Endrew v. Douglas County
    Supreme court ruled that students with disabilities must have specially designed instruction to allow the child to make “meaningful” academic/functional progress and not just “merely more than de minimis,” or “some” progress, as dictated through The IEP for the student's unique needs.
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    Endrew. v. Douglas County School District: Arguing for a Higher Standard. Digital Image. www.edweek.org. https://www.edweek.org/ew/articles/2018/05/02/a-year-ago-the-supreme-court-raised.html