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Brown v. Board of Education
This case determined that “separate is not equal” and segregation violated the right to an equal education (Kirk et al., 2014). This decision laid the foundation for providing equal educational opportunities to other groups of people, including individuals with disabilities.
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Public Law 88-164
This legislation provided funding to train professionals to work with children with special needs and for research to identify best practices for working with children with intellectual and developmental disabilities and deafness (Kirk et al., 2014). This was the beginning of 30 years of legislation that increased access to an appropriate education for students with disabilities.
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Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
This landmark decision asserted that children with IDD have a right to a free appropriate public education and cannot be excluded from school (Kirk et al., 2014). This case was the first in a series of court decisions favoring children with disabilities and their educational rights.
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PL 93-112 Section 504 of the Rehabilitation Act of 1973
This legislation states that it is illegal to deny individuals with disabilities the opportunity to participate in activities solely because of a disability (Kirk et al., 2014). This ensures that individuals with disabilities have equal access to services. Students who are not eligible for services under IDEA 2004 may be eligible for services under Section 504.
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Public Law 94-142 Education for All Handicapped Children Act
This law ensures that all handicapped children have access to a free appropriate public education (Kirk et al., 2014). This includes six key provisions: zero reject, nondiscriminatory evaluation, an individualized education program, the least restrictive environment, due process, and parental participation.
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Board of Education v. Rowley
In this case, the court decided that students with disabilities should have access to an appropriate education, but that does not mean that it is an optimum education (Kirk et al., 2014). This decision implies that there are limits to the services and resources that children with disabilities receive.
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Public Law 99-457 Education of the Handicapped Act Amendments
These amendments allocated federal funds for states to develop programs for children starting at birth (Kirk et al., 2014). Prior to these changes, services did not begin until age three. The legislation was also renamed as the Individuals with Disabilities Education Act (IDEA).
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Polk v. Central Susquehanna Intermediate Unit 16
In this case, the court found that though children with disabilities cannot expect an optimum education, services must be more than the minimum so that children can benefit educationally (Kirk et al., 2014).
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Americans with Disabilities Act
The Americans with Disabilities Act, a civil rights law, prohibits discrimination against individuals with disabilities in all facets of life (e.g., school, employment, transportation, public places, etc.) (Kirk et al., 2014).
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No Child Left Behind Act (NCLB)
NCLB was enacted by George W. Bush with the intent of holding schools accountable for students’ academic performance, improving the quality and effectiveness of K-12 education (Kirk et al., 2014). A key component of NCLB was demonstrating adequate yearly progress against specific standards for all students, including those with disabilities.
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IDEA 2004
IDEA 2004 reauthorized the Education of All Handicapped Children Act with several changes to strengthen the legislation (Kirk et al., 2014). Some of these changes include quality special education teachers, IEP standards, and transition planning. This legislation is particularly notable because it provided the infrastructure for special education in the educational system.
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American Recovery and Reinvestment Act
This act was passed after the 2008-9 recession to stimulate the economy and support long-term economic health for the U.S. (Kirk et al., 2014). This included funds allocated to the states to strengthen early intervention services for young children with disabilities. This demonstrates that society increasingly views individuals with disabilities as contributing members to our economy.
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Every Student Succeeds Act (ESSA)
ESSA replaced NCLB (Lee, n.d.). ESSA holds schools accountable for student achievement while providing states flexibility in how they account for student achievement. This includes how they measure student achievement for students living in poverty, minorities, students with disabilities, and English Language Learners.
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