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Brown v. Board of Education of Topeka
The Supreme Court ruled that ‘separate but equal’ is not equal. Racial segregation in schools was determined to be unconstitutional.
Brown v. Board of Education (1954) paved the way for Special education rights and legislation in the 1960s and 1970s. This court case was used as the foundation for future legislation and litigation on behalf of students with disabilities. -
John F Kennedy's Panel on Mental Retardation
John F. Kennedy's Panel on Mental Retardation is convened. The panel determined that individuals with intellectual disabilities should have access to a higher quality of services in state institutions or other similar facilities. This panel helped individuals with ID in care facilities obtain more community-based, comprehensive care, and treatment. The needs and poor treatment of those with disabilities entered the mainstream and public consciousness. -
Elementary and Secondary Education Act
President Johnson passed this act to provide funding to assist teaching disadvantaged children, including those with disabilities who attended state schools. ESEA paved the way for students with disabilities to receive aid and funding in the future and is the early version of recent reauthorizations (e.g., NCLB, ESSA). -
Section 504 of the Rehabilitation Act
Section 504 prohibits discrimination based on an individual’s disability. Reasonable accommodations must be provided to students with a disability, even if that student is ineligible for SPED services. Section 504 protects the rights of individuals with disabilities and ensures nondiscrimination. Schools must identify students with disabilities and offer equal educational opportunities and may not discriminate against those with disabilities. -
Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania
This class-action suit argued that students with intellectual disabilities were not receiving adequate support or denied access to public education. The court ruled that all children with intellectual disabilities between ages 6 and 21 must be provided free public education (FAPE), a significant pillar of special education today. -
Mills v. Board of Education of District of Columbia
This class-action suit argued that students with disabilities were excluded from public school without due process. The court held that the segregation was unconstitutional, and the court outlined due process procedures (assessment, eligibility, placement, exclusion, procedural safeguards, records access). The aspects of procedural safeguards and due process were established that would be used as the framework for future legislation (EAHCA, IDEA). -
Education for All Handicapped Children Act
President Ford signed into law EAHCA, enacted to meet the educational needs of special education students. This act provided federal funding to states that offered educational services to students with disabilities. Before this act, many students with disabilities were excluded from attending public schools and those that did not receive an appropriate and individualized education. EAHCA mandated: FAPE, LRE, procedural safeguards, the requirement of an IEP. -
Board of Education of the Hendrick Hudson Central School District v. Rowley
This was the 1st SPED case heard by the Supreme Court. Schools must offer personalized instruction with sufficient support services, but they do not have to ensure that students reach their full potential. The Rowley Test was created to help determine FAPE: Did the school comply with IDEA procedures? Is the IDEA-compliant IEP designed to ensure that a student with disabilities can receive an educational benefit? If these two criteria are met, then the student has received a FAPE. -
Irving Independent School District v. Tatro
A student with spina bifida required continuous catheterization. The school district would not provide the service. Sterile, intermittent catheterization was ruled a special education related service since the procedure could be performed by an individual who was not professionally/medically trained. The “bright-line test” was adopted: if a service had to be provided by a licensed physician, then school districts were not responsible for providing the service. -
Daniel R. R. v. State Board of Education
The courts determined that the 6-year-old student with Down Syndrome received an educational benefit and appropriate education from attending an early childhood SPED class. His LRE was not the general education classroom. Courts adopted the Daniel Two-Part test still used today: Can education in the general education classroom with aids and services be achieved satisfactorily, and if a student is placed in a more restrictive setting, is the student integrated to the maximum extent appropriate? -
Americans with Disabilities Act
President Bush enacted this law to prohibit discrimination against any individual with a disability. The rights of these individuals extend to the private sector as well as sectors receiving federal funds. Facilities must be accessible to individuals with disabilities. ADA reinforces and extends the requirements of Section 504; it further established that all public entities must make reasonable accommodations to protect the rights of individuals with disabilities. -
Individuals with Disabilities Education Act
EAHCA was renamed IDEA. IDEA guarantees that all students with disabilities have the opportunity to a free and appropriate public education that best meets their individual needs. New disability categories were added (traumatic brain injury, autism). Transition services (birth-2 years; 3-5 years; high school) and assistive technology were introduced. Further guidance was established for IEPs, FAPE, LRE, evaluation, parent participation, and procedural safeguards. -
No Child Left Behind Act
President Bush reauthorized ESEA and mandated that schools must: hire highly qualified personnel and require accountability for results for all students through testing. Students with disabilities must be included in schools’ accountability systems and are not exempt from testing. NCLB requires that schools are held accountable for adequate yearly growth and educational performance of students with disabilities. -
Individuals with Disabilities Education Improvement Act
The reauthorization of IDEA made significant amendments concerning early intervening services, the IEP process, eligibility, attorney’s fees, definition of “highly-qualified,” discipline, and funding. In addition to the main amendments, IDEIA outlines the recommendation for schools to implement a response-to-intervention model when determining students with a possible learning disability. -
Every Student Succeeds Act
President Obama signed ESSA into law, replacing NCLB. The law removed many of the punitive provisions of NCLB, such as adequate yearly progress. ESSA gave more power to the states to create appropriate education plans. Students with disabilities must participate in state assessments, and districts may test 1% of their students using alternative assessments (e.g. STAAR Alternate 2).
