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1954: Brown v. Board of Education of Topeka.
This landmark case in 1954 desegregated schools in America, holding that segregation of schools according to race was unconstitutional. . The case determined the error that “separate but equal” was inherently unequal. The case is considered a model of what is known as “impact litigation,” which is the use of litigation to effect societal change. -
1965: Elementary and Secondary Education Act.
This was a key component of President Johnson’s “war on poverty.” The ESEA was a commitment to equal access to quality education across America through federal funding initiatives. The relevance here to special education is that this landmark initiative was one of the most important efforts on the part of the federal government to make educational access fairer and more equal across America. -
1971: Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania.
This case held that the commonwealth of Pennsylvania was responsible for providing free public education to all children. This held that no child, even a child with a disability, could be turned down for free public education. This case upholds a very important principle that children with disabilities are entitled to a free appropriate public education (FAPE). -
1972: Mills v. Board of Education of District of Columbia.
This is another landmark case that ruled that students with disabilities must be given a public education even if the students are unable to pay for the education costs. Specifically, the case states “all children are entitled to a free public education and training appropriate to their learning capacities.” Hence, the concept of FAPE is formally established in case law. -
1973: Section 504 of the Rehabilitation Act of 1973.
This prohibits discrimination based on disability. “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” -
1975: Education for All Handicapped Children Act.
Also known as PL 94-142, this act of congress required all public schools with federal funding to provide equal access to education (and one free meal a day) to children with physical and mental disabilities. Schools were mandated to evaluate children with disabilities and create an educational plan that would match as far as possible the education of nondisabled students. -
1990: Individuals with Disabilities Education Act (IDEA).
This landmark act of congress mandated six areas of educational law. It mandated (1) an Individualized Education Program (IEP) be made for all students with disabilities; (2) Free Appropriate Public Education (FAPE); (3) Least Restrictive Environment (LRE); (4) Appropriate Evaluation; (5) Parent and Teacher Participation; and (6) Procedural Safeguards. The law was an update to PL 94-142. -
1990: Americans with Disabilities Act.
This act of congress is widely regarded as the largest and most comprehensive civil rights act since the Civil Rights Act of 1964. It similarly outlaws discrimination against people with disabilities. Though it does not directly deal with education, it is deeply important in establishing that people with disabilities are a protected class in case law. -
2001: No Child Left Behind Act.
This act of congress initiated national standards that must be met through standardized testing. The law was clear that students with disabilities must be included in the “accountability” sought by the law. Do children with disabilities get accommodations vis-à-vis the standardized tests? Yes, through IEPs or 504 teams. However, some scholars worry that disabled children are scapegoated for bringing averages down in the regime of standardized testing brought about by NCLB. -
2017: Endrew F. v. Douglas County School District.
This case held that “de minimus” education is not enough for students with disabilities. Doing the minimum and no more to ensure access for students with disabilities does not suffice to provide a definitive FAPE. One could interpret this case as a partial rebuke to Board of Education of the Hendrick Hudson Central School District v. Rowley. This important case in 1982 held that school districts are not required to provide sign language interpreters for deaf students.
