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Brown v. Board of Education
The U.S. Supreme Court issued a civil rights decision in Brown v. Board of Education. School children from 4 states argued that segregated schools were unequal and deprived them of equal protection of the laws. The Supreme Court found that African-American children had the right to equal educational opportunities and that segregated schools “have no place in the field of public education.” The parents argued that the schools were discriminating against the children because of their disabilities. -
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Segregation Milestones
Major changes and Acts established for Segregation in Public Schools -
Elementary and Secondary Education Act of 1965 (ESEA)
Congress enacted the Elementary and Secondary Education Act to address the inequality of educational opportunity for underprivileged children. This legislation provided resources to help ensure that disadvantaged students had access to quality education. Congress amended the ESEA to establish a grant program to help states in the improvement of programs for the education of handicapped children. -
PARC and Mills
Two cases were catalysts for change: Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania, and Mills v. Board of Education. PARC dealt with the exclusion of children with mental retardation from public schools. In the subsequent settlement, it was agreed that educational placement decisions must include a process of parental participation and a means to resolve disputes. Mills involved the practice of excluding children with disabilities from the public schools. -
Section 504 of the Rehabilitation Act of 1973
It is illegal to discriminate against anyone solely due to their disability. It is illegal to deny benefits and participation solely due to a disability as well. Individuals with disabilities have the same legal rights and admission to programs and services. Individuals with disabilities related to speech, manual, and sensory skills are legally entitled to supplementary tools and other aids. -
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Special Education Milestones
Major changes or Acts established for Special Education Law. -
Education of All Handicapped Children Act of 1975
Students with disabilities have legal rights to all of the following:
- Free and appropriate public education
- Least restrictive environment
- Appropriate accommodations and modifications during assessments
- An individualized education plan
- Parents have the right to view their child’s school records
- Parents must be informed of any changes made in the student’s educational placement, classes, or programs
- Parents may counter their child’s records and any changes in placement -
Amendments to the Education of All Handicapped Children Act
All legal rights provided under Education of All Handicapped Children Act, including FAPE, LRE, IEP, and parameters of parental involvement, are equally provided to all special needs preschool children. -
Individuals With Disabilities Education Act (IDEA) of 1990
Individuals of the Disabilities Education Act (IDEA) of 1990 approves and reinforces all aspects of the Education for All Handicapped Children Act. IDEA expands the disability categories by adding autism and traumatic brain injury. Also, IDEA provides the legally referred to definition of transition services while making assistive technology more accessible. -
Amendments to the Individuals With Disabilities Education Act of 1997
Amendments were made to the Individuals With Disabilities Education Act (IDEA). This amendment provides greater detail about who needs to be present during Individualized Education Plan (IEP) meetings and different paperwork/procedures, which are required for IEP documentation. Also, IDEA’s disciplinary standards and regulations were updated. In addition, states are responsible for tracking and documenting the performance, growth, and evolution of each special needs student. -
No Child Left Behind Act of 2001
No Child Left Behind is a law that applies to all students within the USA. NCLB requires that students from 3rd - 8th grade take an annual government designed assessment in Mathematics and Reading. The First and Early Reading programs allow NCLB to provide tier II and tier III interventions in all areas under the reading umbrella. NCLB reinforces the Elementary and Secondary Education Act, which provides funds along with other contributions to the American education system. -
Individuals With Disabilities Education Improvement Act of 2004
Students with disabilities must be taught by teachers who are certified in special education, as well as core subjects. IDEA allows for 15% of special education funds to go to general education, to assist special needs children who have not been identified yet. Discrepancy rates are not required when recognizing and classifying special needs students. Each school must identify a parent replacement for disabled students who are homeless or the responsibility of the court of law.
