-
10th Amendment
The 10th Amendment placed Education into the hands of the states and made it their responsibility.However, these laws did NOT stop the exclusion of students with disabilities. -
Compulsory Attendance - Massachusetts
Massachusetts was the first state to have compulsory attendance laws in 1852 -
Compulsory Attendance - Vermont
Vermont was the second state to make compulsory attendance laws in 1867 -
14th Amendment - U. S. Constitution
granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.” -
The White House Conference on Children
As a result of this conference, public schools provided classes for students with disabilities but they were still segregated classes. While this conference helped get children with disabilities into public schools, it did not stop segregation. -
Compulsory Attendance - All States
By 1918, all states had compulsory attendance laws. These laws however did not address children with disabilities and they continued to be excluded from general education. -
Cuyahoga County Ohio Council for the Retarded Child
This group was the first parent advocacy group formed in 1933 to protest the exclusion of their children from school. Their efforts resulted in a special class within the public school, ran by the parents. Similar groups formed throughout the 30's and 40's with national groups forming in the 50's. Congress needed the support and resources that these national groups provided during the progress to develop the laws for special education. -
Brown vs. Board of Education
This case argued that the segregation of minorities directly effected the educational opportunities they were offered. They also argued that the segregation violated the minority students rights based on the 14th Amendment. The outcome extended the equal opportunity words of the 14th amendment to a class of people thus enabling advocates for children with disabilities to use the Brown case to stress that children with disabilities had the same rights as students without disabilities. -
Education of Mentally Retarded Children Act of 1958
This act had Congress appropriate funds to train teachers of students with mental retardation. -
Training of Professional Personnel Act
This act helped train leaders to educate children with mental retardation also. -
Elementary and Secondary Education Act of 1965 ( ESEA)
The purpose of this act was to provide federal financial assistance to states to imprpve educational opportunities. The following year, an amendment to this act added grant funding for pilot programs for students with disabilities/ -
Education of the Handicapped Act
The ESEA was replaced by the EHA. This act was the first freestanding education law. It mandated education for all students with disabilities and required that students with disabilities receive special education and special services that they needed to progress. -
PARC vs Pennsylvania
This case presented evidence that mentally retarded students were not being publicly supported education. The courts determined that children with mental retardation from age 6-21 must be provided a free public education and it must be in a program most like the programs their peers without disabilities were being offered at that time. -
Mills vs Board of Education
This case brought to light the need for due process. It originally presented seven students ( a "class" of citizens) that had been excluded from school, thus not following their constitutional rights as presented in the 14th Amendment. This act ultimately ruled that segregation of students with disabilities was unconstitutional. Due Process safeguards, Procedural safeguards and mandated public education programs were clearly outlined as a result of this case. -
Section 504 of the Rehabilitation Act
This act was a civil rights act that protected the rights of all handicapped individuals in the US. It guaranteed that any individual would not be excluded from participating or benefiting from any activities that received federal financial assistance. -
Education Amendments of 1974
These amendments were to the EHA specifying due process procedures and addressing least restrictive environment. -
Education for all Handicapped Children Act
This act signed into law the most significant increase in the role of the federal government in special education. FAPE - Free Appropriate Public Education was mandated and federal funding was clarifies and guaranteed to be provided as long as the schools presented programs that met the requirements of FAPE for all students with disabilities, ages 3-18 by 9/1/78 and up to 21 by 9/1/80. -
Larry P. vs Riles
This case initially presented 6 African American students placed in a EMR class in CA based on IQ testing. As a result the students were not being provided an education that would meet these student's needs. Te results of the case assisted all students with disabilities to be tested with appropriate testing and also secured LRE for their education. -
Armstrong vs. Kline
The major point of this case was that the traditional 180 day school year was not providing FAPE to Special education students in 4 different PA school districts. Eventually, as a result of the litigation, ESY (Extended School Year) provisions were set into place for all students with disabilities. -
Hendrick Hudson School District vs Rowley
This case involved a deaf student that was refused an interpreter to assist with her education. "The judge concluded that Rowley was not receiving a “free appropriate public education,” which he defined in her case as “an opportunity to achieve [her] full potential commensurate with the opportunity provided to other children.”
(https://www.britannica.com/topic/Board-of-Education-of-the-Hendrick-Hudson-Central-School-District-v-Rowley)
(Related services and appropriate education levels) -
Irving Independent School District vs Tatro
This case worked to define "school health services" and "medical services" as related to FAPE and LRE. Court rulings held the school district responsible to provide care to Amber Tatro. IF they did not, the district would be not complying with the EAHCA (1975). -
Handicapped Children's Protection Act
The HSPA was an act that addressed the lack of provisions for parents to collect attorneys fees when their court actions prevailed. This act amended the EAHCA and provided the authority to the courts to award attorneys fees to parents / guardians when their case prevailed. -
Education of the Handicapped Amendments
The center of these amendments was the IFSP - Individualized Family Services Plan. These amendments stressed the importance of services for those children from birth to 3 years of age with disabilities. A IFSP includes present levels of development, families resources, priorities and concerns, outcomes, dates for services, a named case manager and plans for transition at age 3. States were also offered financial incentives to offer special education services to the youngest of toddlers. (age 3) -
Honig vs Doe
This case ruled that schools may use normal discliplinary procedures and temporarily suspend special ed students for up to 10 days. Anything beyond those 10 days must be agreed upon between parents and the district and could include an interim placement for educational purposes.
Bock, S. J., Tapscott, K. E., & Savner, J. L. (1998). Suspension and Expulsion: Effective Management for Students? Intervention in School and Clinic, 34(1), 50–52. https://doi.org/10.1177/105345129803400108 -
Danny R R vs State Board of Ed of Borough of Clementon School District
A 6 year old Down Syndrome boy was placed in a half day regular kindergarten class and the balance in a special ed. classroom. Due to Danny struggling, reg. ed. teacher requested a change in placement. Danny's parents took went to due process, resulting in the basis for testing to be given to all students with disabilities to determine a LRE. (Even if the district offers "lunch/recess" time with peers as that time may not be deemed adequate. ) https://files.eric.ed.gov/fulltext/ED386005.pdf -
Individuals with Disabilities Education Act
The renaming of EAHCA to IDEA occurred in 1990. The term "disability" was replaced with "handicap" and first person language was implemented. (student with disabilities vs disabled student) Two additional categories of disability were added: autism and traumatic brain disability. Related services were also clarified and transition planning was required to be included in all IEPs for student over the age of 16. -
Oberti vs Board of Ed
This case established inclusion with aids and services as the norm because it is “a fundamental value of the right to public education for children with disabilities.” This case established that if placement outside the classroom is necessary, the school district must then include the child in as many school programs with peers who do not have disabilities “to the maximum extent appropriate.”
https://www.pubintlaw.org/cases-and-projects/oberti-v-board-of-education-of-the-borough-of-clementon/ -
Board of Education in Sacramento CA vs Holland
Another LRE case, Rachel was an 11 year old mentally retarded student with an IQ of 44. Originally placed in a special ed. classroom, Rachel's parents moved her for a year into a private school in a regular ed. classroom. As a result of her private teacher's data, and a due process hearing, the district was required to place Rachel in a regular education classroom with supports to assist her to continue to be successful both academically and socially. -
IDEA amendments
These amendments in 1997 were implemented to improve the effectiveness of special education by requiring that students receive a quality public education that showed demonstrable improvements in the educational achievements of students with disabilities. The amendments emphasized improvements in student performance while reauthorizing the original IDEA. -
Cedar Rapids Communicty School District vs Garrett
During the school day, Garrett needed a personal attendant to see to his health care needs, based on his physical disabilities. As he entered 5th grade, his parents requested school health care and the district refused, stating it was a "medical care" situation. After due process, during which the Tatro case was utilized, and supreme court decisions, the district was required to provide care. Garrett was covered as IDEA states "education with students without disabilities whenever possible". -
NCLB
No Child Left Behind basically said that America's public schools needed to increase the achievement of its students. NCLB mandated that every student needed to be brought up to state standards in reading and math. All students, including those with disabilities, must be assessed and that data must be included in the reports provided to the federal government. Congress confirmed that the schools would be held accountable for the data and the success rate. -
President's Commission on Excellence in Special Education
This commission held 13 hearings with parents, teachers, admin, researchers and reps from various special ed. organizations specifically to determine the status of special education in the US. A report titled " A New Era: Revitalizing Special Education for Children and their Families" was presented. Student achievement, prevention not failure and shared responsibility between regular ed and special ed to meet student needs were the recommendations. -
Gaskin vs Commonwealth of PA
Although the law places responsibility for compliance with the IDEA on the state, Pennsylvania did little to make sure districts were actually complying with the law and when it became evident, the state did little to fix the problem. This case brought noncompliance to IEPs, Related services, inclusion/LRE and FAPE to light in the state of PA. As a result of findings, PDE was mandated to make changes to meet ALL of the IDEA and to provide LRE and FAPE to ALL students with disabilities. -
IDEA Improvement Act
Known as IDEIA, this act builds on NCLB and emphasizes increased accountability for student performance and even more significant, that every special education teacher must be certified in special education and meet the highly qualified teacher requirements. Scientifically based research was also set as the norm for instructional strategies and methods.
