Special Education Issues: A Timeline

  • Brown v. Board of Education

    Brown v. Board of Education
    In Brown v. Board of Education, it was concluded that segregated schools are not equal and that African-American children have the right to seek educational opportunities naturally provided to their white counterparts. Although this landmark U. S. Supreme Court case revolves around civil rights, "parents of children with disabilities began to bring lawsuits against their school districts for excluding and segregating children with disabilities" (Wright, 2010).
  • Elementary and Secondary Education Act (ESEA) of 1965 (Public Law 89 - 10)

    Elementary and Secondary Education Act (ESEA) of 1965 (Public Law 89 - 10)
    ESEA was the first law to address inequality for economically underprivileged children and provided a plan for reorganizing their education. This included funding for professional development and instructional materials. This law was used as one of the building blocks for early special education legislation. Highlighted below on the timeline are amendments enacted through the ESEA from 1965 to 1970 that assisted in the development of educational opportunities for individuals with disabilities.
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    Elementary and Secondary Education Act Amendments

    Amendments include:
    1965 - First Federal grant programs for children with disabilities through state-operated institutions and schools
    1966 - Federal grant programs for local schools; Bureau of Education of the Handicapped (BEH) and the National Advisory Council founded
    1968 - Expansion and improvement of special education services
    1970 - Addition of Title VI, no person of the U. S. can be excluded or denied benefits from any Federally-funded program, and the Education of the Handicapped Act
  • Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania

    Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
    This is considered "the first right-to-education suit in the country," which overturned Pennsylvania's law that "allowed public schools to deny services to children [with disabilities] by the start of first grade" ("PARC", 2019). It was concluded that parents have a right to participate in the educational placement of their children, and that states need to provide all children with free public education.
  • Mills v. Board of Education of District of Columbia

    Mills v. Board of Education of District of Columbia
    The federal district court concluded that the rights of children who were prevented or excluded from school because of "behavioral problems or being mentally retarded, emotionally disturbed, and/or hyperactive" had been violated and that all students are entitled to attend free public school in the U. S. (Mead, 2015). It was also noted that children with disabilities should acquire documentation noting what services are necessary in order to help in their educational journey.
  • Rehabilitation Act of 1973 (Public Law 93 – 112, Section 504)

    Rehabilitation Act of 1973 (Public Law 93 – 112, Section 504)
    This Federal law was passed in order to "protect the rights of individuals with disabilities in programs and activities that receive" Federal funding (Ysseldyke & Algozzine, 2006). Section 504 specifically requires "a school district to provide a 'free appropriate public education'" to all students, as well as any aids and services that are essential in the disabled student's education that relate to speech, manual, and sensory skills (Ysseldyke & Algozzine, 2006).
  • Education for All Handicapped Children Act of 1975 (Public Law 94 - 142)

    Education for All Handicapped Children Act of 1975 (Public Law 94 - 142)
    With this bill, Congress finalized that "all children with disabilities would 'have a right to education'" and that State and local governments must provide educational services to those students (Wright, 2010). According to Wright, students would receive an individualized education program (IEP), free appropriate public education (FAPE), and other benefits that are meant to protect their rights to education (2010). This included students from ages 3 to 21.
  • Americans with Disabilities Act (ADA) of 1990 (Public Law 101 – 336)

    Americans with Disabilities Act (ADA) of 1990 (Public Law 101 – 336)
    This law extended the rights of people with disabilities into their adulthood. The ADA prohibited "discrimination of the basis of disability in employment,...government, public accommodations,...transportation, and telecommunications" (Ysseldyke & Algozzine, 2006). This included renovating and altering buildings so they may be accessible to people with motor disabilities, as well as provide equal opportunities in regards to town meetings, voting, and health care to people with disabilities.
  • Individuals with Disabilities Education Act (IDEA) of 1990 (Public Law 101-476)

    Individuals with Disabilities Education Act (IDEA) of 1990 (Public Law 101-476)
    Formerly known as the Education for All Handicapped Children Act of 1975, to goal of IDEA was to put a "greater emphasis on the individual, rather than on the individual's condition" so that students with disabilities could have the same education opportunities as students who do not have disabilities (Ysseldyke & Algozzine, 2006). IDEA was updated in 1997 and 2004 regarding changes involving student discipline, the IEP process, and student placement.
  • No Child Left Behind (NCLB) Act of 2001 (Public Law 107 - 110)

    No Child Left Behind (NCLB) Act  of 2001 (Public Law 107 - 110)
    The NCLB Act reauthorized the Elementary and Secondary Education Act, where services would be provided to underprivileged children. This act introduced standards-based education to curriculum writing and assessments that will determine amount of Federal funding for that school district. By creating measurable standards, teachers will be able to meet the "educational needs of low-achieving children,...children with disabilities," and other disadvantaged students (Ysseldyke & Algozzine, 2006).