The History of Special Education Law

  • Brown v. Board of Education

    This court decision prohibited segregation in public schools on the basis of race. To many, prohibiting segregation should be equally applicable to those denied equal opportunity to an education because of a disability. This case also affected many impacts of eductional law and procedure in the future.
  • Education of Mentally Retarded Children Act

    Congress provided funds to train teachers of children with mental retardation.
  • Training of Professionals Personnel Act

    The act helped train leaders to educate children with mental retardation. Congress helped fund these trainings to encourage the development for students with disabilities.
  • The Elementary and Secondary Education Act

    The act was passed and signed by President Lyndon Johnson with a key focus on the war on poverty. The purpose of ESEA was to provide federal money to states to improve educational opportunities for disadvantaged children, including students with disabilities who attended state schools for the deaf, blind, and retarded.
  • Title VI

    This was an amendment to ESEA. It added funding for grants to pilot programs in order to develop promising programs for children with disabilities.
  • The Education of the Handicapped Act

    EHA replaced ESEA. The purpose of this act was to consolidate and expand the previous federal grant programs provided by ESEA and to continue funding pilot pfojects at the state and local levels. It also provided funding to states if they would initiate, expand, or improve programs and projects for students with disabilities.
  • Pennsylvania Association for Retarded Citizens (PARC) v. Pennsylvania

    The case was between the state Board of Education and 13 school districts. The plaintiffs argued that students with mental retardation were not receiving publicly supported education because the state was ignoring its constitutional obligations. The court came to the decision that children with mental retardation between the ages of 6 and 21 must be provided a free public education. Another result was that it was most desirable to educate these children in their own specific program.
  • Mills v. Board of Education

    A law suit was filed by parents and guardians of seven children whom represented a class of 18,000 children that were being denied public education against the District of Columbia's Board of Education. The outcome of this case ordered the school district to provide due process safeguards and outlined the due process procedures for labeling, placement, and exclusion of students with disabilities.
  • Section 504 of the Rehabilitation Act

    Section 504 was a short provision of the act whish was the first federal civil rights law to protect the rights of persons with disabilities. 504 prohibited discrimination against a person with a disability by any agency receiving federal funds. It also requires agencies that receive federal financial assistance to provide assurances of compliance when violations are found and also to make accomodations and modifications for those with disabilities.
  • The Education Amendments of 1974

    These were amendments to EHA. It authorized the creation of the National Advisory Council on Handicapped Children. The amendments required each state receiving federal special education funding to establish a goal of providing full educational opportunities for all children with disabilities.
  • The Education for All Handicapped Children Act

    Signed by President Ford, this law played the most signifcant role of the federal government in special education to date. The act contained administrative and funding provisions providing that states develop policies assuring all qualified students with disabilities a special education. It required participating states to provide a free appropriate public education for all qualified students with disabilities between the ages of 3-18 and for all students up to age 21 by Sept., 1980.
  • The Handicapped Children's Protection Act

    The HCPA amended the EAHCA granting courts the authority to award attorney's fees to parents or guardians if they prevailed in their actions in accordance to the law.
  • The Education of Handicapped Amendments

    The amendment required participating states to develop and implement statewide interagency programs of early intervention services for infants and toddlers with disabilities and their families. Those eligibil ranged from ages birth to their third birthday who needed early intervention services because they were experiencing developmental delays. The law contained procedural safeguards and financial incentives for states to make children with disabilities eligible for special education at age 3.
  • The Individuals with Disabilities Education Act

    This act renamed the EAHCA. It added two disability categories, autism and traumatic brain injury. The law added and clarified types of related services, assistive technology, and regabilitation services. IDEA 1990 also required that IEP's include an individualized transition plan for students 16 years of age or older.
  • The IDEA Amendments

    These amendments were passed to reauthorize and make improvements to IDEA. The goals of the amendments were to improve the effectiveness of special education by requiring demonstrable improvements in the educational achievement of students with disabilities. Through these amendments, the new goal of IDEA was to provide a quality education for each student with disabilities.
  • The President's Commision on Excellence in Special Education

    This comission was created by President Bush to recommend reforms to improve special education requiring special education to be accountable for results and to rely on scientifically based programming. The commision created three major recommendations.
    1.Special education must focus on results rather than process and be judged by the outcomes students achieve.
    2.Special education must embrace a prevention model.
    3.Both special and general education must work together to provide strong teaching
  • The No Child Left Behind Act

    This law was signed by President Bush with the purpose to increase the achievement of students in America's public schools.It held school distrits/schools accountable for measurably improving student achievement.All students were expected to be up to state standards in reading and math within a certain period of time, closing the achievement gap based on race, ethnicity, language, and disability. Students with disabilities were assessed and results had to be included in school district data.
  • The Individuals with Disabilities Education Improvement Act

    This law builds on NCLB by emphasizing increased accountability for student performance at the classroom, school, and school district levels. It also provided significant changes in IEP's, discipline, and identification of students with learning disabilities. The law required that all special education teachers must be certified in special education and meet highly qualified teacher requirements of NCLB.