-
Plessy v. Ferguson
Plessy v. Ferguson legalized “separate but equal” education. While this case was primarily racially motivated, special education was undoubtedly born out of the Civil Rights Movement and ideas of equality for all (Skiba, Simmons, Ritter, Gibb, Rausch, Cuadrado, J, & Choong-Geun, 2008). -
Brown v. Board of Education
Brown v. Board of Education desegregated schools, effectively overturning the Plessy v. Ferguson ruling, and was a major victory for the Civil Rights Movement (Skiba et al., 2008). -
Title VI of the Civil Rights Act
Prohibits discrimination on the basis of race, national origin, and ability in programs receiving federal assistance, including schools. Education coverage includes non-discriminatory treatment in terms of admission, financial aid, academic programs, student services, physical education, athletics, and discipline, among others (United States Department of Justice, 2016). -
Dunn’s Critique
Dunn’s critique of disproportionate representation of minority groups, specifically African-Americans, in special education programs is likely the first identification of this problem. Today, this disproportional representation is a major issue in special education, and has multiple causes including testing bias, socio-demographic factors associated with poverty, and unequal educational opportunities (Skiba et al., 2008). -
Alexander v. Holmes County Board of Education
Alexander v. Holmes County Board of Education set deadlines for end of educational segregation. (Skiba et al., 2008). For roughly 15 years, schools had delayed integrating after Brown v. Board of Education declared segregated schools unconstitutional. Historically, resistance to change is unfortunately common in the fight for equality. -
Section 504 of Rehabilitation Act
Section 504 guarantees certain rights to individuals with disabilities. It is more broad than the IDEA, so today it covers some students who may not be protected by the IDEA, including: children who have a normal ability to learn, but may have a mobility impairment; children with epilepsy, ADHD, diabetes, cancer, depression, anxiety, etc. A student's 504 plan includes an evaluation of ability and identification of accommodations to assist the child (Understanding Special Education, 2016). -
Family Educational Rights and Privacy Act (FERPA).
FERPA grants parents access to personally identifiable information used by schools and protects the privacy of the students (U.S. Department of Education, 2015). Directory information such as a student's name and date of birth may be disclosed without consent. Schools may not, however, disclose other records without written permission. -
Education for All Handicapped Children Act
This was modified in 1990 and changed to be called the Individuals with Disabilities Education Act (IDEA) (Skiba et al., 2008). This act required public schools to evaluate students with disabilities and create an educational plan with the parents of the child. The law also specifies regulations for due process and inclusion. -
Board of Education of the Hendrick Hudson Central School District v. Rowley
This case was the Supreme Court’s first interpretation of the Education for All Handicapped Children Act. Amy Rowley, a deaf student, and her parents, sued her school district for refusing to provide her with a sign language interpreter as part of her free and appropriate public education. The Court ultimately ruled against Rowley, citing that the law didn’t require school districts to help students reach their fullest potential, just to help them access equal education (Wright & Wright, 2017). -
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination based on disability for all public entities, including school districts. The ADA offers much of the same protection as the Civil Rights Act, but in addition, the ADA requires employers to provide accommodations to employees with disabilities and imposes accessibility requirements on public facilities. This includes information regarding wheelchair ramps and bus loading that affect students (United States Department of Justice Civil Rights Division, 2017). -
Individuals with Disabilities Education Act (IDEA)
The IDEA defines 13 categories of special education and provides all covered students with free appropriate public education, an evaluation of current ability, education in the least restrictive environment, and the formation of an Individualized Education Program (IEP) that is revisited annually (Understanding Special Education, 2016). The IEP team consists of the parents, regular and special education teachers, representatives of the local educational agency, and often the student. -
Reauthorization of IDEA
Reauthorization of the IDEA stressed prevention of mislabeling students based on minority status (Skiba et al., 2008). -
No Child Left Behind
Increased federal responsibility for the academic progress of students. It called for all students, including students with disabilities, to become proficient in math and reading by 2014 (Klein, 2015). -
Individuals with Disabilities Education Improvement Act (IDEIA)
Requires states to monitor disproportionate representation by race or ethnicity in disability categories and review policies when such disproportionalities are discovered (Skiba et al., 2008). Covered disability categories are: autism, blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, language impairment, traumatic brain injury, and visual impairment.
