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Ruled that segregation by race in schools was unconstitutional. Did not originate as a case concerning educational access for students with disabilities but established precedent for equality in education regardless of real or perceived differences, which later came to include disabilities (Gargiulo & Bouck, 2020, p. 41).
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Guaranteed a free public education to all children ages 6-21 in an integrated environment. Parents were given the right to make educational decisions for their children and states began "child-find" efforts to identify and provide services for students with disabilities regardless of the degree or severity of their disability (Gargiulo & Bouck, 2020, p. 41).
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Secured rights of students to quality and individualized special educations regardless of age or family wealth. Parents also secured the right to be notified of any changes made to their child's special education (Gargiulo & Bouck, 2020, p. 41).
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Civil Rights Law that provides access to disability accommodations for people of all ages, both in and out of school. Applies to a broader group of people than IDEA, specifically those who have major life activities restricted by their disabilities. Services provided are more limited than under IDEA, but it is much easier to be put on a 504 plan than to be approved by IDEA for an IEP plan and other special services (deBettenecourt, 2002, p. 19)
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Development over time of the Education for All Handicapped Children Act of 1975 (PL94-142) through three amendments that have culminated in the Individuals with Disabilities Education Improvement Act of 2004 (PL 108-446).
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Identification and education of students ages 3-21 with disabilities were improved and financial support from the government was used as an incentive to find applicable students. Due process for students and their families in the process was ensured by this law and regular evaluations of student success were to be conducted (Rhodes, 2007, pp. 3-6). Gave access to education to children who had only been able to receive limited resources or none at all.
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First reauthorization of EHC, name officially changed to Individuals with Disabilities Education Act or IDEA. Autism and traumatic brain injuries were added to the list of disabilities that are served in schools. Social work and rehabilitation were identified as related services covered by IDEA and transition plans became a requirement in IEPs by the time a student was 16 years old (Gargiulo & Bouck, 2020, p. 45).
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The Americans with Disabilities Act or ADA is another civil rights law that has banned discrimination against people with disabilities in both the public and private sectors. This includes private schools, which previously were not impacted by the standards set by PARC and Mills that call for a free public education. Private schools among other private entities are now required to have accessible buildings and environments for people with disabilities (Mid-Atlantic ADA Center, 2017, p. 2).
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Under the 1997 amendments, students with IEPs should have plans to begin transition phase of education beginning at age 14 instead of 16. Students were also required to participate in standardized testing on the district and state levels. The 1997 amendments provided for a broader range of protected services and assessments, and increased involvement by general educators in the IEP building process (Gargiulo & Bouck, 2020, p. 45).
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This amendment of IDEA focused efforts on improving the quality of a student's special education by improving the goal-setting process and requiring IEPs to include regular assessments of performance. This amendment also required that teachers be classified as "highly qualified" by state standards which limited the number of teachers fit to teach students with exceptionalities (Gargiulo & Bouck, 2020, p. 48).
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Winkelman v. Parma expanded on the rights that parents are given under IDEA. The Supreme Court ruled that parents of students with disabilities are allowed to represent their children in court rather than deferring to a lawyer to do the same (Gargiulo & Bouck, 2020, p. 42). This ruling serves to empower parents and reaffirm their rights to be involved and make decisions for the betterment of their child's education.
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deBettencourt, L. U. (2002). Understanding the differences between IDEA and Section 504. Teaching Exceptional Children, 34(3), 16-23.
Gargiulo, R. M., & Bouck, E. C. (2020). Special education in contemporary society: An introduction to exceptionality. SAGE Publications, Incorporated. -
Mid-Atlantic ADA Center. (2017). An overview of the Americans with Disabilities Act. ADA National Network. Retrieved February 26, 2021, from https://adata.org/sites/adata.org/files/files/ADA_Overview_final2017.pdf
Rhodes, G. (2007, July 27). 25 year history of the IDEA. Retrieved February 26, 2021, from https://www2.ed.gov/policy/speced/leg/idea/history.html#:~:text=Congress%20enacted%20the%20Education%20for,with%20disabilities%20and%20their%20families.
