History of Special Education Law

  • Brown v. Board of Education

    Decision in favor of Brown which ruled that racial segregation of children in public schools was unconstitutional.
  • Civil Rights Act

    outlawed discrimination based on race, color, religion, sex, and national origin.
  • The Elementary and Secondary Education Act

    Establishment of national curriculum and allocates federal funding to primary and secondary education.
  • PARC v. Commonwealth of PA

    Decision in favor of PARC and eventually created the basis of for Education for all Handicapped Children Act.
  • Mills v. Board of Education

    Decision in favor of Mills which stated students with disabilities are entitled to an education, and that education cannot be denied based on the accommodations' additional cost to the school.
  • The Rehabilitation Act-504

    prohibited organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services.
  • Armstrong v. Kline

    Decision in favor of Armstrong which resulted in the creation of Extended School Year programs.
  • Larry P. v. Riles

    Decision in favor of the students which prohibited the use of IQ tests to place black and African-American children in special education services.
  • The Education for All handicapped Children's Act

    Required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities.
  • Hendrick Hudson School v. Rowley

    Decision in favor of Hendrick Hudson School stating that the Education of All Handicapped Children Act would not provide the child with an ASL interpreter as they were otherwise receiving personalized instruction and an adequate education.
  • Irving Independent School District v. Tatro

    Decision in factor of Tatro stating that, under EAHCA, a student will be provided school health services in order to benefit from special education.
  • Burlington School Committee v. DOE

    Decision in favor of Burlington School Committee clarifying that due process must be followed through to ensure a quick and prompt resolution and to the review the hearings for the good of the child.
  • EHA Amendment

    Mandated that states provide programs and services from birth.
  • Honig v. Doe

    Decision in favor of Doe stating that the state must provide services directly to students with disabilities when the local school boards fail to do so. Otherwise, this violates the "stay put" clause of EAHCA
  • Daniel R.R. v. State Board of Education

    Decision in favor of Daniel stating students with disabilities have the right to be included for academic and extracurricular programs of general education.
  • EHA Amendment

    Changed to IDEA Individuals with Disabilities Education Act. The goal is to provide children with disabilities the dame opportunities in education as students without disabilities. Added traumatic brain injury (TBI) and autism to the category of disabilities.
  • Americans with Disabilities Act

    Prohibits discrimination based on disability.
  • Oberti v. Board of Education

    Decision in favor of Oberti stating that a students will not be removed the mainstream classroom (least restrictive environment) as long as educating the child in the regular classroom can be achieved with support services.
  • Board of Education in Sacramento CA v. Holland

    Decision in favor of Holland as the school district had not met the burden of proof that Holland could not be educated in the general education classroom.
  • Gaskin v. Commonwealth of PA

    Decision in favor of Gaskin that resulted in more inclusion and required schools to provide real supports to make sure the inclusion would work as required by the Individuals with Disabilities Education Act.
  • EHA/IDEA Amendment

    Allowed a child with disabilities an interim alternative educational setting for no more than 45 days if the student was involved with drugs or weapons.
  • Cedar Rapids Community School District v. Garrett F

    Decision in favor of Garrett stating the school must provide "school heath services" under the IDEA.
  • No Child Left Behind

    Aimed to improve public primary and secondary schools performance. Increased accountability for schools, school districts, and states. Raised the pressure for teachers and principals to increase test scores.
  • IDEA Amendment

    Called for early intervention for students. Raised standards for instructors who teach special education classes and improved educational outcomes. Also demanded schools shift money of their special education funds toward general education if a disproportionate number of students from minority groups were placed in special educations for reasons other that disability.
  • Endrew, F v. the Douglas County School District

    Decision in favor of Endrew stating that all progress is not meaningful progress. Every student under the IDEA is entitled to and educational program that was calculated to provide more than minimal educational programming.