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Brown vs Board of Education
Brown vs Board of Education was a monumental law passed in 1954 that positively impacted education in the United States since it’s ruling. Brown vs Board of Education outlawed segregation in schools, so moving forward black children could now attend school with white children. This ruling was the start of improving all education and it provided a foundation for the government to review civil rights for not only black children, but special needs children. -
PARC vs Common Wealth of Pennsylvania
The PARC case consisted of 14 children with developmental disabilities who were being denied education in Pennsylvania. At the time there was a law stating that children could be denied access to a school if they were not at a mental age of five years old by first grade. Thomas K. Gilhool represented these children and argued that this law violated their rights and the court ruled in favor of the children. Now Pennsylvania could no longer deny children under 21 an education due to a disability. -
Mills vs Board of Education
The Mills case came shortly after the PARC case and it expanded the ruling not just for children with developmental delays but with mental, behavioral, emotional or physical disabilities. This lawsuit was brought on by seven children whose family sued the District of Colombia. The court ruled that “no child could be denied a public education because of “mental, behavioral, physical or emotional handicaps.” This was the preface to later laws which allowed a FAPE for kids across the country. -
Education for All Handicapped Children Act (EHA)
Education for All Handicapped Children Act was passed to ensure that all children with disabilities were given a “free appropriate public education” or FAPE. Before this law only 1 in 5 children with disabilities were able to get an education and even then many weren’t receiving the accommodations they needed. This law was the beginning of the progress we have made today in providing all children a free and appropriate education regardless of their disability. -
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act added that school districts provide a free appropriate public education (FAPE) to qualified students who have disabilities or impairments. This was before IDEA outlined all the rights to be included in a child’s special education, so this was the start of ensuring children with disabilities’ rights were being upheld. -
Rowley v. Hendrick Hudson School District
In the case Board of Education of the Hendrick Hudson Central School District v. Rowley the Supreme Court addressed the IDEA for the first time. In Rowley, the Court held that schools must provide IDEA eligible students with an Individualized Education Plan (IEP). The result of this case ruled that the girl who was hearing impaired was receiving a FAPE without a sign launguage interpreter since she was making above average grades. After this case, to this day, IDEA is still addressed in court. -
Handicapped Childrens Protection Act (HCPA)
The HCPA really expanded the 1975 EHA. The HCPA added things for disabled children from birth to five years old. It ensured that disabled children, ages three to five are guaranteed a FAPE. The HCPA also offered families with disabled newborns and toddlers an Individualized Family Service Plan or IEP. These things helped set up a childrens education from a younger age to ensure they get the services they need once they’re in elementary school. -
The Individuals with Disabilities Education Act IDEA
IDEA was a name change to the original 1975 EHA. This change wasn’t just to the name but it added many more things to expand on the law. There are six pillars to the law which include, a FAPE, procedural safe guards for children and their families, IEP, LRE, appropriate evaluation, and cross collaborations. All of things things combined must be followed by school districts for any child that fits into one of the 13 categories in IDEA. This set the foundation for what we still use today. -
Americans With Disabilities Act
The Americans with Disabilities Act was signed in 1990 and it prohibited the discrimination of individuals with disabilities. It was stated that nobody could be discriminated for “employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.” This was a huge step in civil rights for individuals with disabilities who were once unable to fairly find a job without being discriminated against. -
ADA Amendments Act of 2008
Between 1999- 2008 Plaintiffs lost more than 90% of ADA cases due to the issue of not being able to prove their disability was sufficiently serious. For those with very serious impairments it was found that the plaintiffs were unable to perform job-related tasks efficiently. This resulted in individuals either being not “disabled” or impaired enough to be within the guidelines and protection of ADA or being too impaired to perform the job. This problem was fixed in the new Admendants of 2008.