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Elementary and Secondary Education Act (ESEA)
Elementary and Secondary Education Act (P.L. 89-10)(Statutory Law) was the first legislative change that made school funding available to provide training for teachers and special education services for students with disabilities.
The Elementary and Secondary Education Act Amendments established federal grant programs at the state and local level for students with disabilities (P.L. 89-313; P.L. 89-750). -
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"Appropriately Ambitious"
The rights of students with disabilities have increased through the years. Before the Elementary and Secondary Education Act (1965), education for students suffering with disabilities was rare. The latest development to affect student rights is the Supreme Court case, Endrew F. v. Douglas County School District RE-1 (2017). The Supreme Court ruled in favor of a higher standard of education for children with disabilities. As a result, states and districts are changing the way IEP's are written. -
Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania and Mills v. Board of Education
PARC. v. Commonwealth of Pennsylvania, 334 F. Supp. 279 (E.D. PA 1972) and Mills v. Board of Education, 348 F. Supp. 866 (D.D.C. 1972) (Judicial Law) were landmark cases that struck down local laws excluding children with disabilities from public education and guaranteed special education services. The Courts interpreted the Due Process Clause of the Fourteenth Amendment to give parents specific rights in Due Process Hearings (Noltemeyer, Mujic, & McLoughlin, 2012). -
Section 504 of the Vocational Rehabilitation Act
Section 504 of The Vocational Rehabilitation Act of 1973 (29 USC § 794)(Statutory Law) protected individuals from discrimination based on a disability in the schools and other public organizations. The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. -
Education for All Handicapped Children Act (EAHCA)
Education for All Handicapped Children Act of 1975 (PL 94-142) (Statutory Law). PL 94 -142 required that school districts identify students with disabilities and provide them a free and appropriate public education in the least restrictive environment. It also required that an Individualized Education Program (IEP) be developed for each student identified with a disability (Noltemeyer, Mujic, & McLoughlin, 2012). -
Board of Education of Hendrick Hudson Central School District v. Rowley
Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982) (Judicial Law) court ruling led to the development of the "Rowley Standard", a two-part test to determine if schools have met obligations to provide a FAPE, defined in EAHCA. The Rowley decision "may protect school systems from investing resources into programs or services that could be met through existing, more traditional means" (Sandoval, 2011). -
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act of 1990 (42 USC § 12101) (Statutory Law) extended Section 504 by requiring accommodations and modifications for individuals with disabilities in public and private organizations (Noltemeyer, Mujic, & McLoughlin, 2012).
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No Child Left Behind Act (NCLB)
No Child Left Behind Act of 2001, (P.L. 107-110) (20 U.S.C. § 6319)(2002) (Statutory Law) reauthorized the Elementary and Secondary Education Act requiring greater accountability for schools to meet national standards. Students would be held accountable for math and reading proficiency under NCLB. This would include disabled students who had previously been excluded from accountability initiatives. -
Individuals with Disabilities Education Improvement Act of 2004
Individuals with Disabilities Education Act of 2004, H.R. 1350, (P.L. 108-446), was an act to reauthorize the Individuals with Disabilities Education Act, and for other purposes.This law promotes accountability for results, enhances parent involvement, uses proven practices and materials, provides more flexibility, and reduces paperwork burdens for teachers, states and local school districts. -
Child Find
Child Find (34 CFR§ 300.111) (2012), is a component of the IDEA 2004. Schools are required to locate, identify and evaluate all children with disabilities from birth through age 21. The mandate applies to all children who reside within a State, including children who attend private and public schools, highly mobile children, migrant children, homeless children, and children who are wards of the state (20 U.S.C. 1412(a)(3)) (34 CFR§ 300.111). -
Endrew F. v. Douglas County School District
Supreme Court case, Endrew F. v. Douglas County School District RE-1 (2017), ruled that schools must provide students an education that is "reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances." Schools are required to provide an IEP that is “appropriately ambitious” for each student’s circumstances. -
References
Noltemeyer, A.L., Mujic, J., & McLoughlin, C.S. (2012). The history of inequality in education. In A.L. Noltemeyer & C.S. McLoughlin (Eds.), Disproportionality in Education and Special Education. Springfield, IL: Charles C. Thomas Publisher Ltd. Retrieved from https://digitalcommons.sacredheart.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1103&context=his_fac -
References
Sandoval, C. (2011). Hendrick Hudson SD v. Rowley 1982. Retrieved from https://www.slideshare.net/casandoval1/hendrick-hudson-sd-v-rowley-1982 Section 504 FAPE photo retrieved from https://www.google.com/urlsa=i&source=images&cd=&ved=2ahUKEwjY4LKxgYvjAhWSdc0KHWHaAesQjxx6BAgBEAI&url=http%3A%2F%2Fprntexas.org%2Fis-fape-required-under-a-504 plan%2F&psig=AOvVaw3uovebSBGMhea_von0WZUJ&ust=1561771152479884 Timeline created by Melissa Mann for ASU Legal and Ethical Principles Summer Session 6305 -
References
Child wheelchair classroom photo retrieved from https://rootedinrights.org/report-charter-schools-are-becoming-more-inclusive/child-wheelchair-classroom/ Cortiella, C. (2019). The Advocacy Institute. Retrieved from http://www.advocacyinstitute.org/ IEP photo retrieved from https://specialedresource.com/resource-center/7-steps-iep-process No Child is Left Behind photo retrieved from https://miro.medium.com/max/875/1*_SRBnQ4js_Er9h6iMU0Og.jpeg
