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Brown v. Board of Education- Judicial Law
This court case was based off of a public school refusing to allow a black student to attend, even though it was the closest school to her home. The Supreme Court ruled in favor of the family. After this civil rights movement, parents of children with disabilities were given rights for equal educational opportunities, including children with developmental disabilities (347 U. S. 483). -
Elementary and Secondary Education Act- Statutory Law
This law provided equal access to quality education and the appropriate resources to those with limited access. In addition, it provided special education and other services in isolated or rural areas (20 USC § 6301). -
Section 504 of the Rehabilitation Act- Statutory Law
This law forbids any discrimination against children with disabilities. Types includes equal access to educational programs, facilities, and academic adjustments (29 USC § 794). -
Education for All Handicapped Children Act- Statutory Law
This act requires schools to provide equal opportunities for children who have a physical or mental disability. Public schools were ordered to evaluate these children and provide a plan that would mirror an educational experience of a child without a disability. These children were to be placed in an environment which maximize their ability to interact with non-impaired students. With this act, parents were able to dispute decisions about their child’s educational experience (20 U.S.C. §1401). -
Board of Education vs. Rowley- Judicial Law
The school that Amy Rowley, a deaf student, attended, refused to supply a sign language interpreter. Her parents stated that it went against the Education for All Handicapped Children Act of 1975. The Court decided that public schools do not have to provide this service to deaf students, if they are receiving equal and adequate education opportunities already. -
Americans with Disabilities Act Title II- Statutory Law
This purpose of this act was to ensure that those with disabilities are not discriminated against in relation to public life, which includes jobs, school, transportation (42 U.S.C. §12101). -
No Child Left Behind Act- Statutory Law
This law is a reauthorization of ESEA. The purpose of this act was to provide children with a fair and equal opportunity to education. Another goal was to improve educational outcomes for students with disadvantages and close the achievement gap by imposing yearly testing requirements. Students with disabilities are provided with accommodations as necessary for these tests (20 U.S.C.§ 6301 et seq). -
The Americans with Disabilities Act Amendments Act- Statutory Law
This act changed the definition of “disability” and broaden the number of people who are under the ADA and disability nondiscrimination laws. The act changes the way the terms are interpreted as well and focuses more on if the person with a disability was discriminated against rather than if the person fits the definition of having a “disability”. -
Revision of the Elementary and Secondary Education Act- Statutory Law
The Obama administration released blueprints for the revision of ESEA. Funding for students with disabilities was focused on to better support these students in the classroom. The act also proposed inclusion for students with disabilities, helped to ensure teachers are prepared to help students with disabilities, and made sure assessments more accurately measured the performance of students with disabilities (Department of Education, 2010). -
Every Student Succeeds Act- Statutory Law
This act builds off of the ESEA (20 USC § 6301) and NCLB (15 Stat. 1425). The U.S. Department of Education requested each state to have flexibility with requirements of the ESEA of 1965. If they do this, there will be rigorous and comprehensive state-developed plans to improve educational outcomes for all students, which will in turn close achievement gaps. -
References
Americans with Disabilities Act of 1990, 42 U.S.C. §12101
Americans with Disabilities Amendment Act of 2008 (ADAA), 42 USCA § 12101
Board of Education v Rowley, 458 US 176 (1982)
Brown v Board of Education, Topeka, 347 US 483 (1954)
Department of Education. (2010). A blueprint for reform. Retrieved from https://www2.ed.gov/policy/elsec/leg/blueprint/blueprint.pdf
Education for All Handicapped Children Act (EHA) Pub. L. 94-142 -
References 2
Elementary and Secondary Education Act (ESEA) 20 USC § 6301
Every Student Succeeds Act (ESSA), 20 USC § 6301
No Child Left Behind (NCLB) 15 Stat. 1425
Rehabilitation Act Section 504, 29 USC § 701