Special Education Laws and Cases

  • Brown V. Board of Education

    Brown V. Board of Education
    While Brown V. Board of Education was a court case that focused on the integration of African-American students into the public school systems, the case played an important role in Special Education. This case ruled that separate is NOT equal, which led to parents of students with disabilities advocating for their children who had been segregated by the school systems. Parents issued lawsuits against various school districts for excluding students with special education needs.
  • Section 504 of the Rehabilitation Act

    Section 504 of the Rehabilitation Act
    Section 504 of the Rehabilitation Act prohibits disability discrimination and grants equal access to federally funded programs. It mandates equal opportunities, access, and reasonable accommodations in education, employment, and public services for people with disabilities. Students with disabilities must be given the same access to programs and services as other students.
  • Education for all Handicapped Children Act

    Education for all Handicapped Children Act
    This act, also called the EHA guarantees a free, appropriate education, or FAPE, to every child with a disability in every state across the country. This act required all public schools accepting federal funds to provide equal access to education for students with physical and mental disabilities.
  • Board of Education V. Rowley

    Board of Education V. Rowley
    This is a landmark U.S. Supreme Court case that clarified the requirements under the Education for All Handicapped Children Act. The court ruled that schools must provide a free, appropriate public education (FAPE), but the educational benefit must be individually determined based on the student's needs. This case established the standard for FAPE and emphasized the importance of individualized educational plans (IEP).
  • Burlington School Committee V. Massachusetts Department of Education

    Burlington School Committee V. Massachusetts Department of Education
    According to the ruling in this case, parents can be reimbursed the cost of private schooling if the public school is unable to provide a fair, appropriate education, FAPE. This only applies when FAPE is not met or provided at the public school and does not apply if the parent only seeks to pursue private education because they think it is better than public schooling. Public schools must provide an appropriate education, not the best education.
  • Amendments to the Education for All Handicapped Children Act

    Amendments to the Education for All Handicapped Children Act
    These amendments made in 1986 addressed early intervention and mandated that states provide services to families of children born with disabilities from the time they are born. Previously, these services were not available until the child was three years old. These amendments also required assessments and services to be provided for students and that an individualized family service plan is developed for families and students.
  • Honig V. Doe

    Honig V. Doe
    The ruling from this case determined that schools must provide appropriate educational services and supports to students with disabilities, even when they exhibit challenging behaviors. Students with disabilities cannot be excluded from public education solely based on their disabilities and resulting behaviors. This ruling recognized that the expulsion of a student with a disability should only be considered after other interventions and strategies to address the behavior have been tried.
  • Individuals with Disabilities Act (IDEA)

    Individuals with Disabilities Act (IDEA)
    The Education for All Handicapped Children Act is renamed the IDEA. The act uses 'people-first' language, replacing "handicapped children" with "Individuals with disabilities" and the definition of those disabilities was expanded. In addition to the renaming of the act, traumatic brain injury (TBI) and autism were added to the category of disabilities.
  • Board of Education V. Rachel H.

    Board of Education V. Rachel H.
    Based on the ruling of this case, when determining a student's lease restrictive environment, or LRE, the IEP team must consider: the educational benefits of the general education classroom ( with supports and services), the benefit of interaction with students without disabilities, the effect of the student's presence on the general education students and teacher, and the costs of mainstreaming the student.
  • No Child Left Behind Act (NCLB)

    No Child Left Behind Act (NCLB)
    This law held schools accountable for how students learned and achieved. This act is for all students, including those with disabilities, and requires annual assessments in reading and math in grades 3-8 and one year of high school. This law was controversial because it penalized schools that did not show improvement.