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In 1954 the U.S. Supreme Court ruled in the case of Brown v. the Topeka Board of Education that it was unconstitutional for schools to segregate students by race. This ruling set the foundations into place for the beginnings of equality within the special education sector.
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In 1965 President Lyndon B. Johnson signed into law the Elementary and Secondary Education Act (ESEA). This law was part of Johnson's War on Poverty plan by calling for equal access to educational opportunities for all students as well as federal funding for poverty stricken primary and secondary students. -
In 1971 Bobby Adams was denighed the right to enroll in school. His parents along with others founded the Pennsylvania Association for Retarded Children. The group took the Commonwealth of PA to court, citing that all students should be able to enroll in public schools and be educated, and won. PARC v. Penn called for all students with disabilities to be fully properly evaluated and placed within a publicly funded school setting.
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Peter Mills was a ward of the state whom exhibited behavior problems within his school, he was excluded by the Principal and further placement within a school was not obtained . Guardians for Mill's as well as 6 other disabled wards of the state sued the Department of Education of the District of Columbia because they where denied an education. This ruling made it unlawful for the Board of Ed in D.C. to deny these students access to publicly funded schooling.
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After the PARC and Mills rulings Congress began an investigation to determine how many students where being underserved within the educational system. As a result of the investigation the Bureau of Education for the Handicapped found that there where 8 million children requiring special education services. 3.9 million adequately had their needs met, 2.5 million had substandard education, and 1.75 million where not in school.
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President Gerald Ford signed Public Law 94-142 (Education for All Handicapped Children Act). With this law all states who received federal funding where required to provide equal access to education as well as one meal a day for students with disabilities. Each state had the the responsibility to regulate compliance within their school systems.
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Public Law 94-142 amends the Education of the Handicapped Act, authorizing the reasonable awarding of attorneys fees, expenses and costs of families and guardians involved in litigation (due process) of a handicapped child ensuring their right to a free appropriate public education.
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President Reagan signed the Education of the Handicapped Act Amendments which reauthorized the Education of the Handicapped Act (EHA) including a intense federal agenda focusing on early intervention efforts. Documentation of the need to assess and intervene early with children in need created new early intervention programs which supported the child, family, and community.
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Public law 101-336, the Americans with Disabilities Act (ADA) is an act to establish clear and concise proscription of discrimination on the basis of ability. This law covers schooling, jobs, and accommodations within the community for citizens with disabilities. -
Handicapped Act Amendment of 1990 (IDEA). This federal law enhanced the Education for All Handicapped Children Act. This act implemented "people first" language, added traumatic brain injury and autism, mandated special education services for children 3-21 and services for children birth to age 2. Transition plans ensuring that students had post secondary plans in place also became a requirement by 16 years of age. Social work and rehabilitation counseling services also where added to services.
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In Rowley v. Hudson the family of a young deaf girl challenged the school district and state that they resided in about the need for a sign language interpreter which the school had denied. The case went through multiple trials over the interpretation of IDEA and what should and should not be covered within its definition. Ultimately the Rowley's lost and the courts declared that public schools are not required to provide interpretation services to deaf students.
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IDEA requires all schools and districts receiving federal funds to ensure that all special education students receive a free appropriate public education as determined within the statutes of IDEA. Special Education services where mandated for all qualifying children aged 3-21, with early intervention services available for ages birth to 2 years of age. Individualized education plans (IEP) also where put in place to ensure individualized education tailored for each student.
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The No Child Left Behind Law was signed into law by President George W. Bush. It is an update of the Elementary and Secondary Education Act in which the role of the federal government effectively was increased holding schools accountable for the educational outcomes of students. One of the main focuses was ensuring that states and schools boost the performance of certain populations such as special education, minorities, and low income. If performance is not up to par they loose Title I funding.
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An amendment was made by Congress requiring early intervention for students, enhanced accountability for states, improvements of educational outcomes, and higher standards to special education teachers. States where also mandated to shift up to 15% of their state funds if it where found that their students where incorrectly put into special education classes for reasons other than disability, ie: race etc. Procedures for IEP's where changed as well as a Response to Intervention assessments.
