-
Prior to the 1950's
Prior to the 1950's students with disabilities were excluded from attending public schools. Children with severe disabilities either stayed at home with their families or were sent to live in an institution. Only 1 in 5 children with disabilities ever attended public school and most of those dropped out before graduating. -
Brown v Board of Education (Kansas)
In this landmark case the Supreme Court ruled that it was against the law to discriminate against any group of people. The case was brought about due to the discrimination of African Americans and it effectively ended legal segregation in public schools. This was the first time that the federal government advocated for students who were experiencing any type of inequality or prejudice at school -
Dept. of Public Welfare v Haas
The Supreme Court of Illinois ruled in favor of excluding students with mental disabilities from a free public education because they were unable to reap the benefits of a good education., -
Elementary and Secondary Education Act (ESEA)
ESEA was passed as part of President Johnson's "War on Poverty" and mandated the federal government to protect and provide for students from disadvantaged backgrounds so that they could have equal access to public education. The goal of this new law was to provide federal funds to schools serving low-income families. It established free and reduced lunches. -
Diana v State Board of Education (California)
A lawsuit was filed on behalf of Mexican-American students challenging the use of IQ tests to place students in special education. It was argued that the students were unable to understand questions on the test because of the language difference. The court decided that children cannot be placed in special education based on culturally biased tests. -
Mainstreaming in the 1970's
Mainstreaming legislation allowed students with disabilities for the first time to come out of segregated classrooms and into the general education classrooms. The thought process was that students with disabilities were placed in special education classrooms and they could slowly integrate into the regular education classroom if they were able to achieve certain educational milestones -
Pennsylvania Association for Retarded Children (PARC) v Commonwealth of Pennsylvania
This case was the first right-to-education suit in the country. It resulted in the state of Pennsylvania agreeing to provide a free public education for children with mental retardation. It also laid the foundation for the right for all children with disabilities to be provided with a free public education. It also established that each child should be offered an individualized education that is delivered in the least restrictive environment. -
Mills v Board of Education of the District of Columbia
This case was very similar to the earlier lawsuit, PARC v Commonwealth of Pennsylvania. This case finally established the fundamental Constitutional right that all children with disabilities have a right to an education. -
Vocational Rehabilitation Act of 1973 (Section 504)
The Vocational Rehabilitation Act (VRA) is a civil rights law that prevents individuals with disabilities from being discriminated by any institution that receives federal funds and provides for a free and public education (FAPE). This act defined the terms handicapped persons and appropriate education. Some students who do not qualify for special education may be served under Section 504. -
Education for All Handicapped Children Act (EAHCA) now known as IDEA)
Known as the mainstreaming law, the EAHCA mandated that all children were entitled to a free, public education and that special education was to be provided in the least restrictive environment.. This was a major change for public education in the U.S. Students with disabilities were no longer to be excluded from the general education classroom. It also required individualized education programs (IEPs). This law was later amended in 1983, 1986, 1990, 1997, and 2004. -
Board of Education v Rowley (New York)
The Supreme Court clarified the definition of FAPE and mandated that public schools must provide appropriate special education services. It further clarified that states were only required to provide efficient, and not the best possible, supports to attain a public education. In this case, the courts concluded that although Amy Rowley, who was deaf, would be best supported by an interpreter, she was receiving sufficient supports through an FM hearing aid. -
Education of the Handicapped Act Amendments
This act encouraged states to develop services for children ages birth through 2 years with disabilities and expand services for preschool age children (ages 3-5 years). -
Honig v Doe (California)
This case was the U.S. Supreme Court's one and only case on this topic. The court ruled that a suspension longer than 10 days was effectively a change in placement. It also ruled that the California school board had violated IDEA when it suspended a student indefinitely for violent and disruptive behavior that was related to his disability. -
The Americans with Disabilities Act of 1990
This law established that individuals with disabilities should be provided with reasonable accommodations in the workplace and extended to students enrolled in colleges and universities. In addition, employers could not discriminate on the basis of disability or even ask a potential employee if they have a disability. Communities also must now provide accessible transportation and public locations such as hotels, movies, restaurants, and shops must be accessible. -
Individuals with Disabilities Act of 1990 (IDEA)
IDEA replaced EAHCA and established "people-first language". It added traumatic brain injury and autism as categories of disability and required the development of transition programs for students by ate 16. 6 major principals of the law have remained even after many amendments: zero reject:(no child with a disability can be excluded from public education), nondiscriminatory testing, FAPE, LRE, due process and confidentiality for students and parents, and parent participation. -
Oberti v Board of Education (New Jersey)
The federal district court ruled that a self-contained special education class was not the least restrictive environment for a student with Down's Syndrome. The court ruled that school districts must consider regular placement with supports and services first before considering alternative placements. -
Cedar Rapids v Garrett F.
Garrett, who was paralyzed from the neck down, had no mental disabilities but required nursing services to attend classes. The court ruled that students must be provided with supplemental services needed at no additional cost to the parents. -
No Child Left Behind Act (NCLB)
This law was enacted to provide flexibility in how states would use federal funds as long as accountability measures have been met. The law offers school choice for students enrolled in failing schools. -
RTI (Response to Intervention) 2004
In 2004 IDEA regulations outlined specifications for schools to use response to instructional intervention as part of the identification process. RTI was designed to prevent academic failure through early intervention, frequent progress monitoring, and a system of evidence-based interventions implemented in tiers for students who fail to respond sufficiently. Students who do not respond to these interventions are eligible for referral for special education services. -
Individuals with Disabilities Education Improvement Act (IDEIA) of 2004
In 2004, IDEA was amended to the Individuals with Disabilities Improvement Act. In addition to allowing schools to use a RTI model, IDEIA increased federal funds for early intervention services and eliminated short-term objectives in a student's IEP. Standards were raised for special education licensure and child find was established, requiring states to identify and track the number of students with disabilities and to plan for their educational needs. -
2004-2005 School year
30 years after IDEA was enacted, over 6.7 million children were receiving special education services. 295,000 infants and toddlers were being served under Part C of IDEA. -
The future of Inclusion
We have made great strides in the progression of inclusion but we still have more obstacles to overcome. Teachers today should expect to have students with disabilities in all of their classrooms yet they are often ill-equipped to provide effective instruction that will benefit all students. The future of inclusion needs to address the need for additional, ongoing training for all teachers, including classes on co-teaching that general ed and special ed teachers can attend together.