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Special Education Legal Milestones
A timeline of 10 major events/breakthroughs in special education law from 1954 to now. -
Brown v. Board of Education of Topeka
This court case dealt with the racial segregation in public schools and challenged the "separate but equal" ruling in the case of Plessy v. Ferguson. The U.S. Supreme Court ruled unanimously that racial segregation in public schools violated the equal education opportunity. This is one of the first significant cases to influence special education because it led to a growing understanding that all people, no matter their race, gender, or disability, have a right to a public education. -
Elementary and Secondary Education Act
The funding for special education increased after the Brown v. Board of Education ruling, but school districts still had the right to choose to participate in special education programs. President Johnson signed this act as part of his "War on Poverty" to provide equal access to quality education. This act provides funds to primary and secondary education schools. Special education benefited due to providing federal funds for resources to support educational programs like special education. -
Section 504 of the Rehabilitation Act
Section 504 of the Rehabilitation Act prohibits discrimination against individuals based on their disability. It protects children and adults with disabilities from being excluded or denied benefit from any program that receives federal funding. This act is a major event in special education because it was the first disability civil rights law passed in the U.S. and protects the civil rights of all individuals with a disability. -
Family Educational Rights and Privacy Act (FERPA)
FERPA is a federal law protecting the privacy of student education records and gives parents rights as well, such as making changes. Personally identifiable information can be kept private. This is important for special education because it gives confidentiality and control of what's stated. It’s important in cases where children receive early intervention and improve to an extent where they could no longer be classified as having a disability. The family would have the ability to amend it. -
Education for All Handicapped Children Act of 1975
The Education for All Handicapped Children Act, known as PL 94-142, requires public schools receiving federal funds to provide equal access to education for all children with disabilities and focuses on educational programs to ensure needs are met, such as individualized education programs. Before, children with disabilities were inappropriately educated or excluded from public education. It's significant because it's one of the first laws requiring a free, appropriate public education to all. -
Board of Education of Hendrick Hudson v. Rowley
This case involved a child who is deaf and FAPE. The court ruled that Amy was receiving FAPE due to the IEP provided and academic achievement. The school was in compliance of PL 94-142. In conclusion, an appropriate education doesn’t mean maximum academic achievement and students with disabilities are entitled to an IEP that facilitates learning. It's important because this was the first special education case and provided a baseline as to what a free, appropriate public education means. -
Americans with Disabilities Act (ADA)
The ADA ensures that individuals with a disability have the right to non-discriminatory treatment in other aspects of their lives. It provides protections of civil rights in the areas of employment, transportation, public accommodations, state and local government, and telecommunications. It guarantees that people with disabilities have equal rights and won’t be discriminated against. This is why the ADA is significant in special education; it’s meant to provide equal opportunities for all. -
Individuals with Disabilities Education Act (IDEA)
This act expanded on and replaced the PL 94-142 of 1975. Schools had to provide a free, appropriate public education to all children between the ages of 3-21 in order to receive federal funds. Other provisions were that each student had the right to be educated in the least restrictive environment and be provided with a detailed individualized education program. This is significant because it ensures special education and related services to all students with disabilities no matter how severe. -
No Child Left Behind Act (NCLB)
NCLB is an attempt to improve the academic performance of all students, including individuals with disabilities, by requiring states to establish standards for all schools and test the standards regularly with statewide assessments. It was designed to tighten the achievement gap for students who are at-risk. The NCLB has enhanced the quality of special education at state level with new measures to hold schools accountable for their students’ progress.. It signifies focusing more on results. -
Every Student Succeeds Act (ESSA)
ESSA is the main education law for schools aiming to provide equal opportunity for all students, focusing on children with disabilities. It gives the state control on education plans within a framework and provides alternate testing for students with disabilities. Parents have a chance to be involved to make sure their child’s needs are met. A key event advancing special education in terms of better opportunities available for intervention and academic achievement of students with disabilities.
