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Special Education Law

  • Brown v. Board of Education

    Brown v. Board of Education
    In the case of Brown v Board of Education, the Supreme Court deemed it unconstitutional to segregate schools based on color. However, in his opening argument, the defense attorney made a statement assuming it would sway the court in his favor. Fortunately for all of us, his statement led to the ability for ALL children, including those with special needs, to be provided an equal education under the law.
  • The Elementary and Secondary Education Act

    The Elementary and Secondary Education Act
    In 1965, President Johnson presented the Elementary and Secondary Education Act to create educational equality for impoverished children. In the following years, several amendments were created to include other specific groups that were getting dropped through the cracks in regards to their education. Title VI-A was presented in 1966. This amendment provided grants to states to be used for improving the education of the disabled population in their schools.
  • The Rehabilitation Act

    The Rehabilitation Act
    The Rehabilitation Act of 1973 was a groundbreaking piece of legislation that sought to provide equality to people with disabilities in their daily lives. This included restricting discrimination in areas such as employment and accessibility in areas that are federally funded. Amendments followed that included providing an attainable learning environment. Public schools were now required to provide accommodations and modifications to ensure student success.
  • Early Intervention

    Early Intervention
    While the EAHCA of 1975 implemented a FAPE for disabled students aged three to twenty-one, the new amendment (PL 99-457) brought forth in 1986 ensured that even younger children could benefit from specialized services. Early intervention would be directed toward children from birth through age two who presented with physical or mental needs. The preschool program that served students aged three to five was also under review to ensure that ALL qualifying students were being served.
  • The Americans with Disabilities Act

    The Americans with Disabilities Act
    The ADA, put into law in 1990, is similar yet much broader than the Rehabilitation Act of 1973. This law sought to create an equal quality of life for people of all ability levels and was not restricted to only federally funded institutions. Public entities were required to make reasonable accommodations to allow access to persons with disabilities. This included sign language interpreters, large print text, braille, audio, wheelchair access, or extended time for an exam.
  • IDEA PL 105-17

    IDEA PL 105-17
    In 1997, extensive adjustments were made to IDEA. Schools were afforded more flexibility in the arena of discipline. SPED students could be instructed to follow school rules and discipline policies if their disability was not the cause of the disruption. The rules for constructing an IEP were also changed. Testing accommodations were addressed as well as how to support students in the gen ed setting. Concise goals were to be written due to more data being collected on a child's present levels.
  • No Child Left Behind

    No Child Left Behind
    NCLB is the updated version of ESEA of 1965. This amended version enacted by George W Bush, was born out of concern that Americans were no longer competitive in the arena of education compared to the rest of the developed world. NCLB required specific testing that was then reported to the federal government to ensure proficiency. Teachers were held accountable for success or failure and funding was used as incentive. The goal was to pinpoint the groups most in need, including SPED.
  • Rosa's Law

    Rosa's Law
    In 2010, PL 111-256, known as Rosa's Law was placed into effect. Rosa's Law changed the language in previous laws including the ESEA of 1965, the Rehabilitation Act of 1973, IDEA, and more by eradicating the term mental retardation. The phrase intellectual disability has replaced the previous term in all preceding SPED laws and amendments.