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Plessy v. Ferguson
This Judicial Law's result was a seven to one decision that supported the segregation of individuals amongst separate facilities and objects so long as they were equal. The ruling included public schools and they deemed the results as legal and constitutional. This case created a lack of integration and mixture of not only African American students but students with disabilities as well. Citation: Plessy v. Ferguson, 163 US 537 (1896) -
Brown v. Board of Education of Topeka
This landmark supreme court case and judicial law ruled that the segregation of African-Americans in public school is unconstitutional and unequal. The case also overturned the Plessy v. Ferguson ruling and provided the beginning of resolving the lack of inclusion for students with disabilities. Citation: Brown v. Board of Education of Topeka, 347 US 483 (1954). -
Section 504 of the Rehabilitation Act of 1973
This statutory law provides certain rights to students with disabilities. This has great effect on education equity with no student being excluded from the benefits or the participation in any program or activity that receives federal funding or financial assistance or any other executive agency. This law has a profound effect on the inclusion of all students with disabilities. Citation: 29 U.S.C. § 794 -
Family Educational Rights and Privacy Act (FERPA)
The overall purpose and function of FERPA is to protect the students' education records. This high education equatable law grants parents certain rights to their son or daughters personal information. Any information that is considered "personally identifiable information" can be accessed by the child's parent or parents. It can also be viewed by the child them self as long as they are at least 18 years of age. Citation: 20 U.S.C. § 1232g; 34 CFR Part 99 -
Board of Education v. Rowley
This constitutional law that would end of being challenged by laws such as IDEA and No Child Left Behind concluded schools are not required to give max services to meet the child's IEP but rather, to simply give them access. One could interpret the findings of this law to not value the individualized learning style of students with disabilities. Citation: Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. § 176 (1982). -
Individuals with Disabilities Education Act (IDEA)
This statutory law is an amendment to the original Education for All Handicapped Children Act (EAHCA.) It states that the environment for all students including ones with disabilities have the right to learn in the least restrictive environment with a plan that fits their individualized needs. This law affords the same opportunities and rights to students with disabilities that students without disabilities have. Citation: Individuals with Disabilities Education Act (1990) -
The American's with Disabilities Act (ADA)
The ADA is a statutory law that prohibits the discrimination of individuals based on disability. This law carries over into public schools. This ensures that students with disabilities will not be discriminated against no matter what physical or mental condition they may have or what learning style they may possess. Citation: 42 U.S.C. § 12101 -
School Districts and Charter Schools Must Place, Operate and Maintain Cameras in Settings for Students with Disabilities
This Statutory Law is important because it required school districts to place and maintain surveillance cameras inside the special education and other disabled classrooms and granting the right of the parent granting authorization from a written formal request to view their child and their learning environment. This law has high education equity resulting from increased safety and protection of students. Citation: Tex. Educ. Code § 29.022 -
No Child Left Behind Act
This statutory law is a re-authorization of the Elementary and Secondary Education Act. This law states all students (students with and without disabilities) will achieve certain academic standards in reading and math by the year 2014 in grades 3-8 and certain reading and math classes in high school as well. This has high equity in education because of the high standards that students with disabilities are expected to achieve and be exposed to. Citation: 20 U.S.C. § 6319 (2002). -
Education of Individuals with Disabilities
This statutory law is crucial in the evaluation process for students with disabilities. It is highly equitable because it allows the parent to request from the school an evaluation to be conducted for their child. Secondly, if the evaluation concludes that the child is eligible under this law, then the school can provide an Individualized Educational Plan (IEP) for each qualified child thereof. Citation: 20 USC § 1414(a). -
Every Student Succeeds Act (ESSA)
President Obama signed ESSA in an attempt to prepare all students (students without disabilites and students with disabilites) for career and college successful paths in life. ESSA is an amendment to NCLB that was originally signed by President Bush. This ensures that students with disabilities have a long term life plan post P-12 education. -
The Current State of Special Education Law
Currently the state of special education law is affected by previous laws and acts that have created results such as IDEA, NCLB, Least Restrictive Environments (LRE), 504's, FERPA, and supreme court case rulings that affect how special education services are implemented in schools on a daily basis. School districts must continue to implement these and other foundation laws that have been created for the success of students with disabilities.
