Historical Timeline

Brown v Board of Education

1954

Notably immediately after the Brown decision in 1954, the Executive Director of the then-named “National Association for Retarded Children,” Dr. Gunnar Dybwad, drew attention to the Supreme Court’s decision with parents and disability advocacy groups, suggesting that this historical case had huge potential and opportunities for children with special needs. See, http://www.disabilityjustice.org/right-to-education.

P.A.R.C. v. Pennsylvania

1972

“Expert testimony in this action indicates that all mentally retarded persons are capable of benefitting from a program of education and training … It is the Commonwealth’s obligation to place each mentally retarded child in a free, public program of education and training appropriate to the child’s capacity.”

Honig v. Doe

1988

The Honig case is a landmark decision because the Court created what is now known as the “ten-day rule,” which allows a school to only suspend a child for up to ten days without parental consent or court intervention. Moreover, the Court ruled that a student could not be removed from school if the inappropriate behavior is a result of their disability. The Honig decision also gave rise to the need of BCBAs conducting what is known as a “functional behavioral assessment” or an FBA.