Sped

Special Education Law Timeline

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    1954- Now

  • Brown v. Board of Education of Topeka, Kansas

    Brown v. Board of Education of Topeka, Kansas
    In 1954, the Supreme Court overturned the 'separate but equal' approach to education for white and black students declaring unanimously that racial segregation in public schools is unconstitutional and ran against the 14th Amendment. Brown v. Board of Education has been used as a precedent for special education; paving the way to where we are now.
  • Diana v, State Board of Education

    Diana v, State Board of Education
    Before Diana v. State Board of Education, students could be placed into segregated special education classrooms based primarily upon the results of IQ assessment, teacher referral and assessments from school psychologists. Students whose primary language was not English were overrepresented in special education due to language barriers. Diana v. State Board of Education decreed children whose primary language was not English were to be tested in their primary language in addition to English test
  • Pennsylvania Association for Retarded Children (P.A.R.C.) v. Commonwealth of Pennsylvania

    Pennsylvania Association for Retarded Children (P.A.R.C.) v. Commonwealth of Pennsylvania
    P.A.R.C v. Commonwealth of Pennsylvania was a landmark case for the right to education. P.A.R.C v. Commonwealth of Pennsylvania ruled all children, ages 6-21, must be admitted into public education regardless of intellectual disability. Also mandated students must be integrated to the highest degree possible and opened parents rights to all school records and rights to participation in educational decisions. Additionally, must provide education to preschool students if any preschool is provided.
  • Section 504 of the Rehabilitation Act of 1973

    Section 504 of the Rehabilitation Act of 1973
    Section 504 of the Rehabilitation Act of 1973 is the first civil rights law providing protections for children and adults against discrimination due solely to disability. Section 504 requires any entity receiving federal funds to make reasonable accommodations for students with disabilities. Broad in nature, Section 504 covers students who do not qualify for special education through IDEA.
  • Lau v. Nichols

    Lau v. Nichols
    Filed on the behalf of Chinese-speaking students against the San Francisco Unified School District, Lau v. Nichols claimed violations of rights under the 14th amendment and the Civil Rights Act of 1964. Originally ruled in favor of SFUSD, the case was appealed where it was decided just providing access to the same curriculum and teachers as English speakers does not create equality in treatment. Schools are now required to provide ELL students a meaningful, accessible education
  • Individuals With Disabilities Education Act: 1975-1997

    Individuals With Disabilities Education Act: 1975-1997
    Originally titled, the Education for All Handicapped Children Act, IDEA is considered to be an educational "Bill of Rights." IDEA ensures a free appropriate public education, the least restrictive environment, an individualized education program, procedural due process, nondiscriminatory assessment and parental participation. These components have laid the framework for today's educational system.
  • Board of Education of the Hendrick Hudson Central School District v. Rowley

    Board of Education of the Hendrick Hudson Central School District v. Rowley
    Board of Education of the Hendrick Hudson Central School District v. Rowley was the first Supreme Court decision to address what an "appropriate education" for a student with a disability means. This decision distinguished the difference between maximum possible achievement and reasonable opportunity to learn.
  • Daniel RR v. State Board of Education

    Daniel RR v. State Board of Education
    Daniel RR v. State Board of Education decided student placement in a classroom should be established using a two prong test. The primary consideration for placement is determined by the satisfactory progress a student can reasonably make in the classroom given accommodations and modifications. Only after considering progress, is integration to the maximum extent appropriate. This established segregated classrooms could be deemed an appropriate placement.
  • Oberti v. Board of Education of the Borough of Clementon School District

    Oberti v. Board of Education of the Borough of Clementon School District
    Oberti v. Board of Education of the Borough of Clementon School District mandates offering placement in a general education setting with supplementary aids and services before considering more segregated settings. Having to modify curriculum could no longer be considered criteria for excluding a student from general education. This decision also sets protocol for excluding a student from general education.
  • Cedar Rapids Community School District v. Garret F.

    Cedar Rapids Community School District v. Garret F.
    Cedar Rapids Community School District v. Garret F. clarified and defined related services in regard to student health care needs at school. Distinguished from 'medical services' which services that must be performed by a physician, related services are services such as catheterization, care of tracheotomy tubes and feeding and are considered the responsibility of the school and will be paid for through school funding.