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Brown v. Board of Education of Topeka, Kansas
In 1954 the U.S. Supreme Court ruled that the "separate but equal" policy was unconstitutional. While most individuals see this court case as a racial movement, it can also be utilized to argue for children with disabilities. This case states that every student is guaranteed a public education no matter the child's race, abilities, or socio-economic background. -
Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
In 1971, PARC sued Commonwealth who was not providing a publicly supported education. The case ended with the promise that children from the ages of 6-21 were guaranteed a free public education no matter their impairment. This case also established preschools for younger children who have impairments. Before the PARC v. Commonwealth case, many states denied children with mental disabilities an equitable education. -
Individuals with Disabilities Education Act (IDEA)
IDEA is a federal education law that was originally passed in 1975. This law requires all schools to provide special education and appropriate services for children with disabilities. Unfortunately, the bill only lists 13 disabilities so not all kids with learning issues receive an appropriate education. Within this bill, there are six major components including an individualized education program (IEP). -
Armstrong v. Kline
Some children with disabilities lose certain developmental skills over long periods of time. This includes summer breaks. Some states refused to pay for the extra 180 days of school to support these pupils with severe disabilities. The Supreme Court ruled this unconstitutional since this would be a violation of their rights to an appropriate education. -
Board of Education of the Hendrick Hudson Central School District v. Rowley
Once again this case is about a free and appropriate public education. In this particular situation, the Supreme Court ruled that an appropriate education doesn't always mean a student has a "maximum possible achievement". In this case, a student with a hearing impairment was denied the right to an interpreter. Even though the student was placed in a general education classroom, she was not given the appropriate resources to succeed. -
IDEA Reauthorization (PL 101-476)
This reauthorization established the requirement for a student to receive an individualized transition plan by the age of 16. States also lost their lawsuit "immunity" if they violate IDEA. Autism and traumatic brain injury also become discrete disability categories. -
Oberti v. Board of Education of the Borough of Clementon School District
The court held that the school district must provide the least restrictive environment for students with disabilities. This ties back into the requirements mentioned in IDEA. A student cannot be moved to a segregated classroom until they have been given the maximum extent appropriate within the general education classroom. If a student needs to be moved into a special education classroom, there needs to be appropriate justification. -
IDEA Reauthorization (PL 105-17)
This reauthorization focused on benchmark assessments and reevaluations. First, students with disabilities are required to participate in state and local evaluations. General educators must also be active members of IEP teams. If a student is to be expelled or suspended from a school, they are still entitled to the services mentioned within their IEP. Orientation and mobility are also now considered as a service. -
No Child Left Behind Act
The NCLB was enacted by President George Bush. His goal was to make all schools and their students participate in mandated tests. It allowed students with disabilities to have accommodations so that their learning could be assessed appropriately. This forced special educators to align student IEP goals with the Common Core State Standards (CCSS). -
Every Student Succeeds Act (ESSA)
ESSA still required the annual testing that was seen in No Child Left Behind but there is only a statewide accountability program rather than a national one. This act also eliminated the "highly qualified" teacher status. The ESSA gave students with special education access to the general education curriculum.
