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The beginning of Special Education
Many children were denied proper education before laws were created in the United States. Parents were the first advocates to fight for a quality education of their children marginalized back in 1933. Many special education were private and/or residential. The availability and quality was different from state to state. Once legislation started mandates, laws, and decisions presented special needs students with opportunties. -
Brown verses the Board of Education
In the 1950's schools were separated by race. Linda Brown and sister had to walk through an unsafe railroad switchyard to catch a bus to their all black elementary school. It was a school near their house however it was only for white children. This family believed the segregated school system violated the Fourteenth Amendment and decided to take their case to court. The federal district court decided segregation of the schools by race was needed because both schools had similarities. -
Supreme Court Ruling
The Brown family appealed their case to the Supreme Court stating if the schools had similiar buildings, transportation, curriculum, and teachers, segregated schools could not be legal. The Supreme Court came to a decision that state lawsrequiring separate but equal school violated the Equal Protection Clause of the Fourteenth Amendment. This family was bold enough to take a stand and advocate for their children and make history regarding the segregated system. -
Mills verses Board of Education of the District of Columbia
Mills verses the Board of Education of the District of Columbia was a case of seven students living in Wasington D.C. These students had disabilities and were excluded from public school and denied educational services. The disabilities were mental illness, behavioral problems, and/or emotional disturbances. This was the foundation to Section 504 of Rehabilitation Act, Education for all Handicapped Children Act, and the Individuals with Disabilities Education Act. -
Failing to Educate All Students
The parents of the 7 students filed a lawsuit because they believed their children were denied their right to a public education due to their disabilities. There were 22,000 students in this school district and 18,000 of these students were not being given the opportunity of a special education program as required by law. They were not given a alternative replacement or have their status updated over a period of time. The school district argued there was not funding. -
Parents' Advocating
Parents claimed their children were labeled by the school board as "exceptional" students. This case consisted of seven families who children were labeled as mentally ill, had behavioral problems, and/or emotional challenges. These students were thrown out of school due to these disabilities. This lawsuit created the foundation of Section 504 of Rehabilitation Act, Education for all Handicapped Children Act, and the Individuals with Disabilities Education Act www.clearinghouse.net/detail.php? -
The Ruling
The courts used Brown vs the Board of Education to argue how the public school district of Columbia failed to educate students with disabilities and the students' rights to an public education was priority over school district's funds. The seven families won. -
Honig vs Doe
A student attending the California Public School System was suspended for being violent and showing disruptive behavior as a result of his disability. Honig verses Doe challenged the case stating under the Education for allHandicap Children Act and A right to a Free Appropriate Public Education, the student rights had been violated. Students with a docmented behavior disability can not be suspended more than five days and must remain in schools. https://www.oyez.org/cases/1987/86-728 -
Dangerous Exceptions
This case was argued before the Supreme Courts that the teachers had to choose between maintaining a safe environment and a dangerous child with a disability however the Education for all Handicapped Children Act did not include the dangerous exceptions. Also this act protect students ages three to twenty one, this student was seventeen at the time. The school should have tools such as IEP's, and behavior plans. It is against the law to put a student out of school because of behavior. -
Students with Suspected Disability
A student was suspected to have a learning disabilitywhile attending a school in Forest Grove School Disrict. This student was not properly evaluated or assessed by the school district. His parents removed him from the school district and placed him in private school. http://disabilityjustice.org -
Students' Entitlement
T.A. parents filed a lawsuit against the Forest Grove School District stating that the district failed to provide a free and Appropriate Public Education for their child. The school district argued that it should not be held accountable because the student did not receive special education and withdrew for unknown reasons. The courts ruled the student was entitled to receive Special Educational Services under the IDEA and Section 504 Rehabililitation Act of 1973. -
Exceptional Students
These court cases and other court cases had set the tone and raised the bar for special education. All students can learn however special resources, tools and plans should be used to assist with their educational rights. Several students are diagnosed with disabilities in schools and if these parent advocates did not believe in their child's educational rights, we would not have inclusive classrooms. mainstreaming, IEP's, social resources, IDEA, and FAPE.
