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Article 1 Section 8
Specifies powers of congress
Make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested by the constitution
All other lawmaking powers are left to the states -
5th Amendment
No person is required to testify against himself in a criminal case and that no person be subjected for a second trial for an offense for which he or she has been duly tried previously -
10th Amendment
Any power not given to the federal government Is given to the people or states -
14th Amendment
1) Addresses citizenship rights and equal protection of the laws
2) Proposed in response to issues related to former slaves following the civil war
3) Forbids states from denying, ”life, liberty, or property” without due process of law, including former slaves
4) Greatly expanded civil rights to all Americans -
Brown V Board of Education
1) diminished educational opportunities
2) reduced diverse interactions amongst peers.
3) ended legal segregation in public schools -
Elementary and Secondary Education Act (P.L 89-10)
1) Original federal commitment to improving education for elementary and secondary aged students who identify as “educationally disadvantaged”
2)Authorized initial budget of $1.3 billion for programs to assist disadvantaged students
3) Amendments expanded funding programs and established a federal grant program for the education of children with disabilities -
Hobsen V Hansen
1) Black students were placed into the lower tracks in the educational tracking system
2) Issue was between whether the tracking system discriminated against student from lower SES or from lower minority groups
3) Black students were inaccurately labeled and placed in segregated classes
4) School system violated its public responsibility
5) The court required the school district to discontinue the practice and provide compensatory education -
Diana V State Board of Education
1) 9 Mexican American students were assigned special education classes in California with intelligence tests given in the English language with white, native born American population items that were later discovered as culturally biased
2) Requirement later led to ”non-biased” testing regulation in the education for all handicapped children act -
Parc V Commonwealth of Pennsylvania
1)Children being excluded from public schools due to their disability
2) Case was based upon equal protection and due process
3) Rights were soon expanded to all children with disabilities -
Mill V Board of Education of the District of Columbia
1) Children labeled as having behavior problems or an intellectual disability had been excluded, suspended, expelled, resigned and transferred from regular schools with out due process of law
2) Denied opportunity for education
3) District of Columbia shall provide a free and suitable publicly supported education regardless of the degree of disability or impairment -
Rehabilitation Act
1) First piece of civil rights legislation specifically providing guarantees of rights to persons with disabilities
2) Does not provide funding
3) Individuals can file a complaint with department of education. If violation is found, DOE can order a termination of federal funds to the offending school subject to judicial review
4) Individuals may also sue offending school districts effectively -
Rehabilitation act (P.L. 93-112)
Goal was to assist the individual with disabilities in obtaining employment and full participation in obtaining employment and full participation in society -
Education of the handicapped act amendments (P.L. 93-380)
1) Directed states to develop state plans
2) Required procedural safe guards be used to protect children during identification, assessment, and placement procedures
3) Mandated that placement decisions give preference to placing children into regular classes whenever possible -
Family Educational Rights and Privacy Act (FERPA)
1) Federal law that protects the privacy of student education records
2) applies to all schools that receive funds under an applicable program of the U.S. Department of Education
3) Gives parents certain rights with respect to their children's education records
4) Rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level -
developmental disabilities assistance and bill of rights act
Contained funding for the development of research center, university affiliated facilities, and community facilities whose purposes were to expand the knowledge and services available for persons with intellectual disabilities
Amended to include a bill of rights for persons with disabilities -
education for all handicapped children act (p.l. 94-142)
1) Combined bill of rights for children with disabilities with federal funding for the increased educational responsibility
2) Ensures that all children with disabilities have access to a free, appropriate education
3) Ensures rights of children with disabilities and their parents are protected
4) Assists states to provide for the education of all children with disabilities
5) Access and ensure effectiveness of efforts to educate those children -
Education of the handicapped act amendments (P.L. 99-457)
Provided funding for the planning and implementation of early intervention programs for young children with special needs -
individuals with disabilities education act (P.L. 101-476)
1) Reflected use of ”people’s first” language
2) Law added under special education services both transition services and assistive technology
3) Rehabilitation counseling and social work services -
Americans with disabilities act
1) All areas of employment, education, and recreation services are covered in this act
2) Accommodations are provided for individuals with disabilities within the public and work environment
3) Prohibits discrimination based on disability by schools and requires that reasonable accommodations be developed and implemented -
individuals with disabilities education act amendments (P.L. 102- 119)
1) Federal funds authorized to assist states in the education of infants, toddlers, preschoolers, children, and youth with disabilities
2) Amendments required an individualized family service plan which includes;
Information about the child’s status
Family information
Outcomes
Early intervention services -
individuals with disabilities education acts amendments (p.l. 105-17)
1) Changes the way schools receive federal funding
2) New bill will gradually base new federal aid on census data and account more accurately for poverty
3) Permits local districts to share the cost of services with other agencies -
No child left behind act (p.l. 107-110)
1) “One of the most sweeping changes to education in a generation” (isbe, 2004, p.1)
2) All children have a fair opportunity to obtain high quality education and reach a minimum proficiency on challenging state academic achievement standards and state academic assessments
3) Seeks to close academic gap by holding states, local school districts, and schools accountable for improving the academic achievement of all children -
Individuals with disabilities education improvement act (P.l. 108-446)
1)Provisions aimed at ensuring children with disabilities who need special education and related services will receive an appropriate education
2) Amendments focused on the promise of paperwork reduction, monitoring students academic performance, and aligning idea requirements with the requirements of esea
3) Involved Response to Intervention (RTI); multi-tier approach to the early identification and support of students with learning and behavior needs. -
Rosa's law (P.L. 111-256)
1)Removes the term, “mental retardation” and “mentally retarded” from federal health, education, and labor policy
2) Replaces term with, “individual with an intellectual disability”
