Holguin, Gabriel I. Special Education Law Timeline, SPED 350-M71, Professor Rebecca Alvarado-Alcantar
By gabeholg
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Brown v. Board of Education of Topeka
"Segregation of students by race ruled unconstitutional; children deprived of equal educational opportunity." (Gargiulo & Bouck, 2017, p. 150). This specific court case played a huge role in special education law. May refer back to Brown v. Board of Education of Topeka as a turning point for special education law. For several years, this court case was a model that helped argue that children with disabilities should not have public education taken away from them. -
Diana v. State Board of Education
Before this court ruling, only one language was used to assess students on disabilities that they might have, which was English."Students who were not raised in a “typical” white middle-class family were more likely to have a difficult time succeeding in answering the assessment items," (Lilljevall, n.d.). The court ruling required the reassessment of Mexican-American students, assessing students in their primary language, a non-verbal exam, and sections of tests that do not depend on English. -
PARC v. Commonwealth of Pennsylvania
Schools in Pennsylvania had "denied public education to students who did not reach the mental capacity of a 5-year-old by the time they turned 8 years old," ("PARC v. Commonwealth of Pennsylvania: Civil Rights Litigation Clearinghouse"). This along with several state laws were ruled to be unconstitutional. The court rules that the state had to evaluate/reevaluate all students with disabilities ages 6-22. The students then had to be placed in a proper classroom with resources. -
Mills v. Board of Education of District of Columbia
This is one of two important court rulings that help lay the foundation of educational laws for students with disabilities. The court states that no child could be denied a public education because of “mental, behavioral, physical or emotional handicaps or deficiencies,” (Mills v. Board of Education, 348 F. Supp. 866 (D.D.C. 1972), 2019). Furthermore, nor providing special education services due to lack of funding is not a valid excuse, regardless of funding, you are still required to do so. -
Section 504 of the Rehabilitation Act
This law strongly prohibits disability discrimination. Under United States law, any student with disabilities in need of accommodations has the right to receive them. This law, "prohibits discrimination against people with disabilities in “programs and activities” that get federal funding," (Lee, A. M. I. (2014). This law supports anyone who has trouble with any physical or mental impairments that limit individuals from one or multiple life activities. Examples include eating, walking, etc. -
The Education of All Handicapped Children Act
This was the first special education law that was focused on students with disabilities. "The law stated that public schools must provide children with special needs with the same opportunities for education as other children. It also required any public school that received federal funds to provide one free meal a day for these children," (5 Important Special Education Laws, 2019). This law made special education services available to students and also created evaluations for special education. -
The Individuals with Disabilities Education Act (IDEA)
This law is an updated version of the Education for All Handicapped Children Act. This law provides, "free public education in the least restrictive environment necessary to meet those students’ needs,"(5 Important Special Education Laws, 2019). This law also allows students to receive the services that they need and also allows them to do activities with students that do not have a disability. The purpose of this law is to not outcast the student in removing them from the classroom right away. -
The Individuals with Disabilities Education Act (IDEA) {Amended}
IDEA was amended and had the definition of disabled children extended and secured a large amount of grants and funding. Some of the funding was utilized for infants and toddlers who have disabilities, new technology, professional development, and training for parents of students who have special needs. The law also requires parents to attempt to resolve disputes with schools. If they are not fixed, you then attempt to fix any disputes with Local Educational Agencies (LEAs) utilizing mediation. -
The Individuals With Disabilities Education Improvement Act (IDEIA)
With this new law, "children with disabilities will be granted a free appropriate public education (FAPE) in the least restrictive environment (LRE)," ("What is the Individuals with Disabilities Education Act?" 2019). This law ensures students with disabilities are prepared for employment and to live alone, protects family and individual rights, provides the state and federal organizations with education for students with disabilities, ensures that individual needs are met, and more. -
Every Student Succeeds Act (ESSA)
This act is the new version of the No Child Left act of 2002. As for students with disabilities, you will have access to the general education curriculum, accommodations on assessments. As stated by President Obama, this act is meant for students to "receive a fair, equitable, and high-quality education, and to close educational achievement gaps." Allows states to adopt the Common Core State Standards but does not require their adoption
