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14th Amendment of the United States Constitution (Cpnstitutional Law)
In the Equal Protection Clause of the 14th amendment of the U.S. Constitution, it states that no state may "deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. amend. XIV). The 14th amendment has been discussed in court cases such as PARC v. Pennsylvania and Mills V. Board of Education to promote the equal rights of students with disabilities (Johnson, 2017). -
Elementary and Secondary Education Act (ESEA) (Statutory Law)
The ESEA was a law passed by President Lyndon Johnson and his war on poverty. Being "the first major federal educational law and also the most expansive, was to provide funding to states to improve educational opportunities for disadvantages children" ( Yell, 2013, par. 2). Within this law there were six titles. Title III of the ESEA helps to cover the funding for special programs for students who are at risk of failing in school (20 U.S.C. § 6301). -
Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania (Judicial Law)
The PARC filed a suit stating that mentally retarded students were not being exposed to equal education according to the Equal Protection of the Laws under the 14th amendment. The case was based off four main points: students benefit from education, life skills should be included in education, should have access to free public education, and students with mental retardation learn the best with quality education at a young age (Yell, Rogers, & Lodge Rodgers, 1998). -
Mills v. Board of Education of District of Columbia (Judicial Law)
In 1972, Mills challenged the Board of Education of District of Columbia because of seven school age children were being denied the specialized education they needed. The children were labeled with "behavior problems, mental retardation, emotionally disturbed, or hyperactive" (348 F. Supp 866). The court ruling of Mills v. Board of Education later help establish the passage of Section 504 of the Rehabilitation Act of 1973, the Education of All Handicapped Children Act, and the IDEA. -
Section 504 of the Rehabilitation Act (Administrative Law)
Section 504 of the Rehabilitation Act of 1973 is "a civil rights statute which prohibits discrimination against individuals with disabilities" (US Department of Education, 2018). Within section 504, public law states that "any person who (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities (b) has a record of such an impairment, or (c) is regarded as having such an impairment" qualifies for 504 services (PL 93-112). -
Education for All Handicapped Children Act (Statutory Law)
The EAHC Act of 1975 guaranteed that all children with disabilities are provided with appropriate public education (PL 94-142). There were four main purposes: all students with disabilities should have the related services needed to meet their individualized needs, both parents and children are protected, assistance in providing the proper education for children with disabilities, and the effectiveness of the services provided would be assessed (US Department of Education, 2007). -
Individuals with Disabilities Education Act (IDEA) (Statutory Law)
The Individuals with Disabilities Education Act (IDEA) helped to establish services for students who had disabilities such as mental, physical, social, and/or emotional disabilities (20 U.S.C. 1412; Harmon 2018). "IDEA mandates that all children receive a free appropriate public education that meets their needs. This education must prepare students with disabilities for life after school, whether they attend college, seek employment, or live independently" (Harmon, 2018). -
No Child Left Behind (Statutory Law)
Originating from ESEA of 1965, the NCLB act of 2001 focuses "on standards, accountability, and parent options" while it "seeks to provide a quality education for all students and to close the achievement gap between low-income and minority students and their peers" (Diorio, 2019). Concerns from the National Education Association (NEA) where that the NCLB act had a "one-size fits all" approach to learning (Diorio, 2019). -
Individuals with Disabilities Education Improvement Act (Statutory Law)
The IDEIA was passed by Congress in 2004 to amend the original IDEA. The new improvements focused on setting goals for students and establishing measures to help students reach their improvement goals. Addition support was established through interventions to help students at their individual levels reach their growth improvements (National Center for Learning Disabilities, n.d.). -
Every Student Succeeds Act (Statutory Law)
Every Student Succeeds Act (ESSA) was signed into action by President Obama in 2015. The ESSA was created from the previous No Child Left Behind Act that was established in 2002. Through this new act, students with high needs and disadvantages are monitored closely, all students are taught through rigorous high level standards, and schools are expected to be held accountable and make efforts toward positive change over periods of time (U.S. Department of Education, 2017).