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Legal Milestones for Special Education
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Brown v Board of Education
The U.S. Supreme Court ruled that the separation of children in public schools based on race was unconstitutional. This milestone signaled the end of legalized racial segregation in schools, overruling the "separate but equal" principle that had been presented in the 1896 Plessy v. Ferguson case. This is also a milestone for Special Education because due to the Supreme Court's decision, this led many advocates to court regarding the rights of students with disabilities to be in public schools. -
Elementary as Secondary Education Act
Elementary as Secondary Education Act (ESEA) permitted programs that were run by the state for qualified schools and districts to increase the academic success of under-achieving students. The ESEA impacted special education because it emphasized addressing the challenges that came for learners with factors that hindered learning, such as physical disabilities, learning difficulties, effects of socioeconomic status, and students with a language barrier. -
PARC
The Pennsylvania Association of Retarded Children was a big milestone in the history of special education. The U.S. Supreme court made the decision that it was illegal for the state to turn away a student's right to equal opportunity in education based on any disability status. The main concepts of PARC were the right of students with mental disabilities to receive free public education and to include and integrate these students into regular classrooms rather than isolating them -
Mills v Board of Education of the District of Columbia
This milestone was one of the first U.S. Supreme Court decisions that guaranteed the rights of students with disabilities to public education. In addition, it also guaranteed these rights regardless of the cost. This positive progression led to new legislation protecting students with disabilities right to free public education, something we still see in education today. -
FERPA
Family Educational Rights and Policy (FERPA) was a big milestone in the history of special education as it helped provide services for not only students with disabilities but their families as well. FERPA is a federal law that serves a purpose to allow parents access to the information of their student's education record, the right to have the records modified and the guarantee of privacy and control over that student's information. -
Education for All Handicapped Children Act: Public Law 94-142
The Education for All Handicapped Children Act is also known as Public Law 94-142. This milestone in special education made it required for public schools to provide free appropriate educational services also called FAPE (free appropriate public education) for all students with disabilities in every state. The EAHCA has been improved and revised since it's been originally published and it is now referred to as the Individual with Disabilities Education Improvement Act (IDEA). -
Hendrick Hudson Central School District v. Rowley
The story of Amy Rowley is an inspiration story that plays a part in special education. Amy Rowley, a deaf student, was not learning as well as the other students in her class. A case in regards to Rowley was taken into the district court with the conclusion that because Rowley was not provided with an interpreter she was not receiving the "free appropriate public education". This was a big milestone as the court reiterated what the term "appropriate" means and should look like in schools. -
IDEA LAW
The Individuals with Disabilities Education Act (IDEA) was formally known as EHCA until revived in 1990 and changed to IDEA. This law makes free appropriate public education (FAPE) including related services available to all students with disabilities. In addition the revision new categories of disabilities were also added such as traumatic brain injury and autism, as well as a mandated individual transition plan (ITP) with the student's individualized education program (IEP). -
Americans With Disabilities Act
The Americans with Disabilities Act (ADA) was a milestone in special education that had effects even beyond the classroom. The ADA banned all injustices against individuals with disabilities in many outlets such as, employment, transportation, communications and access to programs and services, and public accommodations. -
IDEA Reauthorized
IDEA was reauthorized in 1997 and is now identified as Public Law 105-17. The reauthorization was intended to sustain equal and respectful partnerships between schools and families as well as communicate new challenges over results for children with disabilities giving them access to the general curriculum. Another addition to this reauthorization was an expansion of the definition for "development delay”. -
No Child Left Behind
No Child Left Behind (NCLB) was a law intended for all students K–12 in the United States to be held accountable for students achieved in school. This plays a role in special education as it allows even students with disabilities to attain levels of academic achievement not with the intention of giving those students pressure but to make sure they are receiving adequate services in schools. -
Every Student Succeeds Act
Every Student Succeeds Act (ESSA) was a new legislation created in 2015 with intention to replace the "No Child Left Behind" (NCLB) law. The ESSA required every state to assess performance in, science, and math as well as providing more modification for states in education with transparent expectations for families. Similar to NCLB this encouraged schools to have adequate special education services available for all students with disabilities.