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Civil Rights Act of 1866
The Civil Rights Act of 1866 declared that all male persons born here in the US are citizens and this act provides that it was illegal to discriminate against individuals on the basis of color, race, or their bad conditions of slavery or involuntary servitude.
President Andrew vetoed the legislation, that veto was overturned by the 39th US Congress and the bill became law.
This in turn would help in future litigation and provide a remedy for those affected in the education system.
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Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark decision of the U.S. Supreme Court that upheld the constitutionality of racial segregation laws for public facilities as long as the segregated facilities were equal in quality, a doctrine that came to be known as "separate but equal".The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction Era (1865–1877).
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Brown v.Board of Education
Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case in which the justices ruled unanimously that racial segregation of children in public schools was unconstitutional.
It was one of the cornerstones of the civil rights movement and helped establish the precedent that “separate-but-equal” education and other services were not, in fact, equal at all. This is the springboard for litigation and legislation regarding students with disabilities.
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Mills v. Board of Education of the District of Columbia
Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.D.C. 1972), was a lawsuit filed against the District of Columbia in the United States District Court for the District of Columbia. The case established that "all children are entitled to free public education and training appropriate to their learning capacities".
This was a procedural law that was later included in Public Law No. 94-142.
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Pennsylvania Assocaiation for Retarded Citizens v. Pennsylvania. & Mills v. D.C. Board of Education
PARC v Commonwealth 1971, was a case where the Commonwealth of Pennsylvania was sued by the Pennsylvania Association for Retarded Citizens (PARC). The federal court decided that children with mental disabilities would be provided with free and appropriate public education. It provided a legal standing to challenge officials denying equal opportunity. It also brought to attention that students with disabilities should not be excluded and should have equal protection under the law.
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Section 504 of the Rehabilitation Act of 1973
This was the first disability civil rights law to be enacted in the US. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance and sets the stage for the enactment of the Americans with Disabilities Act.
It mandates individualized plans for disabled students who need accommodations in order to receive FAPE. The least Restrictive Education mandate is an essential element as far as placement to the learning environment.
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Public Law No. 94-142
The Education for All Handicapped Children Act of 1975 secured the basic ideals, rights, and responsibilities to ensure equal access to public education for all children who are disabled. The law guaranteed a “free, appropriate public education” to all children and young adults aged 3–21.
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The Rowley Decision
Rowley, legal case in which the U.S. Supreme Court on June 28, 1982, held that the Education of the Handicapped Act of 1974 (EHA; renamed the Individuals with Disabilities Education Act [IDEA] in 1990), as amended by the Education for All Handicapped Children Act of 1975, "Basic floor of responsibility" and "some educational benefit" A two-part test can be implemented now when working through specific case issues.
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The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
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No Child Left Behind
The No Child Left Behind Act of 2001 was a U.S. Act of Congress that reauthorized the Elementary and Secondary Education Act; it included provisions applying to disadvantaged students. It supported standards-based education reform on the premise that setting high standards and establishing measurable goals. The Act required states to develop assessments in basic skills. To receive federal school funding, states had to give these assessments to all students at select grade levels.
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