The History of Special Education Law

  • Brown v. Board of Education

    Brown v. Board of Education
    The plaintiff, Oliver Brown, filed a class-action suit against the Board of Education of Topeka, Kansas, after his daughter, Linda Brown, was denied entrance to Topeka's all-white elementary school. The Supreme Court ruled that racial segregation of children in public schools was unconstitutional. This began the movement of equality in education.
  • The Civil Rights Act

    The Civil Rights Act
    The landmark legislation that ended segregation in public places and discrimination based on race, gender, religion.
  • The Elementary and Secondary Act of Education Act (ESEA)

    The Elementary and Secondary Act of Education Act (ESEA)
    This legislation provides resources to help ensure that disadvantaged students including students with disabilities have access to a quality education by providing federal funding.
  • Diana v. State Board of Education

    This case challenged the use of English-only IQ tests to determine the placement of students in special education. Several Spanish speaking students were placed in a special education program after taking the English-only test. The Court ruled that students should be tested in their primary language.
  • PARC v. Commonwealth of PA

    The Commonwealth of PA was sued by PARC over a law that gave public schools the authority to deny a free appropriate public education (FAPE) to children who had reached the age of 8, but didn't reach the mental age of 5. The District Court ruled that children with mental retardation should be provided a FAPE.
  • Mills v. Board of Education

    Several students in the District of Columbia were denied an education due to their disabilities. The District Court ruled that students with disabilities must be given a public education even if the students are unable to pay for the cost of the education.
  • Section 504 of the Rehabilitation Act

    Section 504 of the Rehabilitation Act
    This legislation guarantees certain rights to people with disabilities in programs that receive federal funding.
  • The Education for All Handicapped Children Act (P.L. 94-142) (EHA)

    The Education for All Handicapped Children Act (P.L. 94-142) (EHA)
    This legislation requires all schools receiving federal funding to provide handicapped children equal access to education and mandates that they be placed in the least restrictive educational environment possible.
  • Armstrong v. Kline

    The plaintiffs argued that the PA Department of Education wasn't meeting their child's needs by not offering an extended school year. The Court ruled that students with disabilities be offered an extended school year.
  • Larry P. v. Riles

    The plaintiffs argued that the IQ tests used to determine special education placement were biased. The Court ruled that IQ tests were racially biased and need to be adjusted when determining if african american students qualify for special education.
  • Hendrick Hudson School District v. Rowley

    Amy Rowley was a deaf student in a public school in New York. Her interpreter claimed that Rowley did not require his services. Her parents disagreed. The Supreme Court ruled that public schools are not required by law to provide sign language interpreters to deaf students who are otherwise receiving an equal and adequate education.
  • Irving Independent School District v. Tatro

    Amber Tatro was born with spina bifida and required to be catheterized every few hours. The Irving Independent School District in Texas refused to include this in her IEP. Tatro's parents filed suit. The Supreme Court ruled that the school had to provide catheterization services to Tatro.
  • School Committee of the Town of Burlington v. Massachusetts Department of Education

    Michael Panico was found to be handicapped. He attended a public school in Massachusetts that wasn't equipped to handle his disability. The school revised his IEP and moved him to a new school but his parents did not agree with the new IEP. They moved him to a private school. The Supreme Court ruled that parents could be reimbursed for placing their child in a private school after they disagreed with the individualized education plan (IEP) that the public school created.
  • EHA Amendment

    This amendment authorizes preschool programs for three to five year olds and an early intervention program for infants and toddlers with disabilities.
  • Honing v. Doe

    A California school board indefinitely suspended a special education student (Doe) for violent and disruptive behavior. Doe filed suit. The Supreme Court ruled that the state of California must provide services directly to students with disabilities when local school boards fail to do so.
  • Daniel R.R. v. State Board of Education

    Daniel, a six year old with down syndrome, was placed in a half-day special education class. The other half was spent in a traditional classroom. He wasn't making progress in the traditional class and was placed solely in a special education class and only spent time with peers without disabilities at lunch and recess. His parents filed suit. The Court ruled that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
  • EHA Amendment

    This amendment renamed The Education For All Handicapped Children Act (EHA) to Individuals with Disabilities Education Act (IDEA). In addition, traumatic brain injury and autism were added to the list of disabilities. This amendment required that individual transition plans be created for each student no later than age 16. Also, social work and rehabilitation counseling were added.
  • Americans with Disabilities Act

    Americans with Disabilities Act
    This legislation prohibits discrimination by employers, governments, and unions based on disability.
  • Board of Education in Sacramento, CA v. Holland

    Rachel Holland was a mentally retarded student who attended a public school in California. Her parents requested that she be placed full-time a regular education classroom. The district refused their request. The Court ruled that Rachel be placed in an inclusive classroom.
  • Oberti v. Board of Education

    Rafeal Oberti had down syndrome. He had some behavioral problems at his school district in Philadelphia. The school tried to move him to a special education class in a different school district. Oberti's parents objected and filed suit. The Court ruled that schools must consider any available aids and appropriate services when making placement decisions for students with disabilities.
  • IDEA Amendment

    This amendment made several changes including IEP goals state how the student will progress in a regular education classroom, transition planning now begins at 14, regular education teachers are included in IEP meetings, benchmarks are emphasized, assistive technology is considered, orientation and mobility tools are added.
  • Cedar Rapids Community School District v. Garret F.

    Garret was a student from Iowa who was a quadriplegic and required a ventilator. Garret required a personal assistant. His parents provided the assistant until fourth grade. Then they asked the school board to supply the assistant and they refused. The Supreme Court ruled that required public schools to fund continuous, one on one nursing care for disabled students.
  • No Child Left Behind Act

    No Child Left Behind Act
    An update to ESEA, this legislation increases the federal role in holding schools responsible for the academic progress of all students. The main goal is to close the student achievement gaps. NCLB requires all states to establish state academic standards and a state testing system.
  • IDEA Amendment

    This amendment requires schools to use research based interventions in the process of assisting students with learning difficulties or determining eligibility for special education. This amendment required that special education teachers be highly qualified. In addition, this amendment ensures that students with disabilities cannot be suspended or expelled because of actions due to their disability.
  • Gaskin v. Commonwealth of Pennsylvania

    Lydia Gaskins had down syndrome and was placed in a special education classroom. Her parents wanted her in a regular education classroom. The Court ruled that school districts need to comply with the federal laws, specifically around the issues of least restrictive environment.
  • Every Student Succeeds Act

    Every Student Succeeds Act
    Replacing NCLB, this legislation ensures that public schools provide a quality education for all students.This law moved the federal accountability aspect to the States and allows for local educational agencies to apply for subgrants.
  • Endrew F. v. Douglas County School District

    Drew is a student with autism who displayed negative behaviors. His school in Colorado didn't address his goals and therefore he regressed. His parents moved him to a private school where they immediately created and followed a plan that set Drew up for success. His parents sued the school district for reimbursement of tution. The Supreme Court ruled in favor of a higher standard of education for children with disabilities.