History of Special Education Law

  • Brown v. Board of Education

    1954 Supreme Court case which argued that segregated schools were in violation of the 14th Amendment. It was ruled that segregation was unconstitutional and schools should begin integrating students of color. This case would help influence special education laws.
  • Civil Rights Act (1964)

    This act prohibited discrimination of any kind in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools. It was a starting point for right to education laws and students with disabilities gaining access to a free and public education.
  • The Elementary and Secondary Education Act (1965)

    The Elementary and Secondary Education Act (1965) was designed to aid low-income students and to combat racial segregation in schools. The ESEA has enabled the federal government to address educational inequality at the local level. Funds primary and secondary education, emphasizing high standards and accountability. Funds are authorized for professional development, instructional materials, resources to support educational programs, and the promotion of parental involvement.
  • Mills v. Board of Education

    The court ruled that students with disabilities must be given a public education even if the students are unable to pay for the cost of the education. The case established that all children are entitled to free public education and training appropriate to their learning capacities. This is one of the many court cases that addressed the issues of education for students with disabilities at the time.
  • The Rehabilitation Act-504 (1973)

    Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from
    discrimination based on their disability. Children with disabilities are eligible for special education and related services under Section 504. Section 504 requires that school districts provide a free appropriate public education to qualified students in their jurisdictions who have disabilities.
  • PARC. v Common Wealth of PA

    Pennsylvania Association for Retarded Citizens brought the case to Pennsylvania on behalf of several families of students with disabilities who were denied access to public school based on their disability. The court case was settled in favor of the families and established the right to a free public education for students with disabilities. This became the basis for the Education for All Handicapped Children Act.
  • The Education for All handicapped Children's Act (PL 94-142) (1975)

    The Education for All handicapped Children's Act (PL 94-142) (1975) was passed to support states and localities in protecting the rights of, meeting the individual needs of, and improving the results for infants, toddlers, children, and youth with disabilities and their families. Eventually renamed the Individuals with Disabilities Act. Before this law many students with disabilities were denied the right to a public education.
  • Armstrong v. Kline

    A court ruled in favor of the plaintiff that argued a 180 day school year was not enough education for their student with disabilities who would regress over the summer. The ruling enabled other students to have Extended School Year services in order to continuously practice skills and not regress. Led to other cases that would also expand on a student with disabilities rights to education.
  • Larry P. v. Riles

    A case where five African-American children who had been placed in special education classes in the San Francisco Unified School District filed a lawsuit claiming that they had been wrongly placed in the EMR classes based on their performance on intelligence tests that were racially biased and discriminatory. The Court decided in favor of the students, and the District was prohibited from using IQ tests to identify or place African-American students in EMR-type classes.
  • Hendrick Hudson School v. Rowley

    A supreme court case concerning a deaf student whose school refused to provide an interpreter because of the students ability to perform on level in class. The court ruled that public schools are not required by law to provide sign language interpreters to deaf students who are otherwise receiving an equal and adequate education and thus not in violation of the Education for All Handicapped Children Act of 1975.
  • Irving Independent School District v. Tatro

    A Supreme Court case where it was unanimously ruled that under the EAHCA of 1975, a school in Texas had to provide catheterization services during class hours to a student with spina bifida. This case would be one of the first attempts to define the distinction between “school health services” and “medical services".
  • Burlington School Committee v. DOE

    A Supreme Court case in which it was ruled that parents have a right to reimbursement for private school tuition if the public education does not provide a free and appropriate public education. It also established that parents are putting their students in private school at their own risk and if it is determined that a public education is fit with their student they are not entitled to tuition reimbursement.
  • EHA Amendment (1986)

    EHA was amended to create the Handicapped Infants and Toddlers Program to provide educational services to children from birth through age 2 with developmental delays or disabilities. It assists states in implementing a statewide, comprehensive, coordinated, multidisciplinary program of services for young children and their families.
  • Honig v. Doe

    A supreme court case in which it was ruled that a California school board had violated the Education for All Handicapped Children Act when it suspended a student for violent and disruptive behavior that was related to his disability. It also affirmed that the state must provide services directly to students with disabilities when local school boards fail to do so. This court case would help influence maintaining safe learning environments for students with disabilities.
  • Danny R.R. v. State Board of Education

    A court case that was taken to the fifth circuit court of appeals by Danny's parents after their child was placed in a segregated classroom that his parents believed was in violation of his rights. The court ruled in favor of the school district and that the placement in an inclusive classroom came second to providing a student with an appropriate education.
  • Americans with Disabilities Act (1990)

    The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else.
  • EHA Amendment (1990)

    EHA was renamed the Individuals with Disabilities Act (IDEA) and added traumatic brain injury and autism to the category of disabilities. Other changes in 1990 required that an individual transition plan be created for each student no later than age 16. The amendments also expanded the scope of the related services provision by adding two services: social work and rehabilitation counseling.
  • Board of Education in Sacramento CA v. Holland

    A case that was brought to the court of appeals by the students parents after moving their child to a private school. The hearing officer upheld the parent’s beliefs and determined that the school district failed to make an adequate effort to educate Rachel in the general education classroom. The court sided with the Holland’s position in that inclusion was a more appropriate option for Rachel. This case opened the door for more families to push for inclusion for their student.
  • Oberti v. Board of Education

    A court case taken to the court of appeals that established that if placement outside the classroom is necessary, the school district must then include the child in as many school programs with children who do not have disabilities “to the maximum extent appropriate". It also established inclusion with supplementary aids and services provided by the district. This case would set a precedent for establishing a child's least restrictive learning environment.
  • Gaskin v. Commonwealth of PA.

    Plaintiffs claimed that all school-age students with disabilities in PA had been denied a free appropriate education in regular education classrooms with individual supportive services, and had been placed in regular education classrooms without the supportive services, individualized instruction, and accommodations needed to succeed in a regular ed class. The court ruled in favor of the plaintiffs and the PDE has been made to be transparent about their services to students with disabilities.
  • EHA/IDEA Amendment (1997)

    Made many changes to the laws in IDEA. Including IEPs are now required to state how the student with disabilities will be involved with and progress in the general education curriculum, regular educators became part of the IEP team, states are required to offer mediation services to help resolve dispute, and students with disabilities are included in statewide and districtwide assessment programs or given alternative assessments that meet their unique needs.
  • Cedar Rapids Community School District v. Garrett F.

    A supreme court case were it was ruled that the 1990 Individuals with Disabilities Education Act (IDEA) requires school boards to provide continuous nursing services to disabled students who need them during the school day. Set a precedent for the kind of care students with disabilities have access to in school.
  • No Child Left Behind (2001)

    NCLB was passed in 2001 and law held schools accountable for how kids learned and achieved. The goal of NCLB was to provide more education opportunities for students. Used standardized testing to track academic progress in districts. Under NCLB, all teachers had to be “highly qualified” in the subject they teach. This meant that special education teachers had to be certified and demonstrate knowledge in every subject they teach. This is no longer the case.
  • IDEA Amendment (2004)

    Added several amendments to IDEA including: Increased the focus on accountability and improved outcomes by emphasizing reading, early intervention, and research-based instruction by requiring that special education teachers be highly qualified. Response to Intervention (RTI) may be used as part of the special education evaluation.
  • Endrew, F v. the Douglas County School District (2017)

    Endrew's parents did not agree with his school districts IEP plans and placed him in a private school instead. They began seeking tuition reimbursement from the school district under IDEA which states families can be reimbursed for tuition if the district violates the requirement of a free and public education. The supreme court overturned the tenth circuits ruling and determined the school district was in violation of FAPE.