-
The Early Years...
Special education advocacy was driven mostly by parent groups, such as ARC, until the mid 20th century. It was not until the 1960's that the issue began to be on the national radar... -
Growing Public Awareness
President Kennedy creates a working panel- http://www.presidency.ucsb.edu/ws/index.php?pid=8858 that leads to the first federal aid to states/schools to help families with special needs children. -
ESEA
The Elementary and Secondary Education Act of 1965 (ESEA) under President Johnson, was a Great Society program that provided grant assistance to help educate children with disabilities. The primary beneficiary of this bill were meant to be "ELL, low-income families, Native Americans, neglected, migrant, and homeless children. The ESEA aimed to provide for their long term welfare by improving their schools, and resources available to them..." (Wrights law, 2017) -
ESEA Amendments
As with many education issues, political viewpoints will play a role during the course of this timeline. Opposing, much of ESEA, President Nixon signed the 1969 ESEA amendments: Title II provided funding for refugee children and children in low income housing, Title IV was dedicated to education for children with individuals with disabilities, and Title VIII- the first, formal, federal definition of gifted and talented.
He will leave office in 1974 without reauthorizing ESEA. -
Two landmark supreme court cases
PARC vs. Commonwealth of PA & Mills vs. Board of Education District of Columbia. http://www.wrightslaw.com/law/art/history.spec.ed.law.htm. These pivotal rulings, would lead congress to determine in 1972 that children "have a right to education, and to establish a process by which State and local educational agencies may be held accountable for providing educational services for all handicapped children.” (Wrightslaw, 2017)
1972 -increased head start for children with disabilities -
First civil rights disability law
Section 504 of the Rehabilitation Act of 1973 prohibited discrimination against people with disabilities in programs that receive financial assistance. A Free Appropriate Public Education (FAPE) is the right of children with disabilities.
The path to the adoption of section 504, of the rehabilitation act was not easy, it was not until 1977 that clear federal regulations/guidelines were given. https://dredf.org/504-sit-in-20th-anniversary/short-history-of-the-504-sit-in -
Education for All Handicapped Children Act
President Ford enacted the Education for All Handicapped Children Act, in 1975. This federal statute was enacted to "support states and localities in protecting the rights of, meeting the individual needs of, and improving results for ....infants, toddlers, children, and youth with disabilities." (Dredf.org, 2017) This law will be amended several times becoming known as the IDEA, during the Bush administration in 1990. The IEP would begin to utilized in public schools. -
Department of Education
President Carter creates a cabinet level Department of Education, paving the way for the creation of the Bureau of the Education of the Handicapped (currently the OSEP- Office of Special Education Programs) -
Discrimination case will further shape IDEA
Tokarcik v. Forest Hills School District The United States Court of Appeals, Third Circuit, ruled that denying a disabled child access to a regular classroom without a compelling education justification constituted discrimination. (Wrightslaw.org)
This case and others like it would lead to a clarification statement regarding LRE (least restrictive environment) when the 2004 IDEA is reauthorized. -
IDEA
Education for all Handicapped Children is reauthorized and renamed IDEA (Individuals with disabilities education act) by President Bush. It is estimated that between 1989-90, 4.6 million students will receive special education services.
The new amendments include a focus on transition programs, as well as, research and technology, such as, in class "assist" devices.
(nfb.org, 2017) -
ADA
Americans with Disabilities Act of 1990 prohibits discrimination, in employment,services or accommodations, based on disability. While the ADA does not provide for FAPE directly it does, "provide additional protections in combination with actions brought under section 504." (Dredf.org) Any part of a special education program that is community based/involves job placement or training must make reasonable accommodations, if the person is otherwise qualified for the job. -
IDEA Amendments
President Clinton signed the IDEA amendments of 1997. Continuing to guarantee a free and appropriate public education (FAPE) for "more than 5 million children with disabilities and prohibiting states from eliminating educational services to students with disabilities under any circumstances." (socialworkers.org, 1997) In addition, there were other key provisions, such as, expanded discipline protocols, as well as, expansions of the IEP team to include, the regular classroom teacher. -
NCLB
The No Child Left Behind Act sponsored by Representative John Boehner was an amendment to the Johnson ESEA of 1965. It's purpose was to "revise and consolidate various programs, through 2007." (congress.gov, 2017) The idea behind this approach,was in theory to hold schools accountable for the learning of all students. -
IDEA Amendment
2004 IDEA amendments will bring further alterations/clarifications to the IEP. Such as, how changes to the IEP will be handled after the annual meeting, or how student transfers can be managed. Further FAPE clarifications are made regarding private school reimbursement when public schools cannot provide services that a student may need, (procedural safe guards). Discipline procedures are again covered, along with further LRE clarifications. -
ESSA
ESSA replaces NCLB. School must still separate and report performance of students with disabilities on state tests. "Most students with disabilities will be taking the general assessment: The alternate assessments are intended for students with severe cognitive disabilities. The new law also says states cannot create their own alternate or modified assessments for students with disabilities. ESSA will also add provisions for gifted and talented students." (Samuels, C. 2015) -
Supreme Court....more than de minimis!
Endrew vs Douglas County School District- the supreme court held that educational services for students "with learning disabilities must exceed de minimis, overturning a lower court ruling". A previous court had cited a case in which a deaf student (Rowley) was denied the use of an interpreter, because interpreter was considered "excessive. "
This case helps to further ensure that special needs students receive an education comparable to their peers. (wrightslaw, 2017)
