Special education

Important Events in Special Education Law

  • Brown v Board of Education of Topeka

    Brown v Board of Education of Topeka
    A revolutionary SCOTUS case which effectively overturned Plessy v Ferguson and ruled segregation in public schools unconstitutional. As equal education was part of the Civil Rights Movement, this laid the groundwork for further advocacy on other marginalized groups, including legislation for special education.
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    Deinstitutionalization

  • Community Mental Health Act

    Community Mental Health Act
    Provided funding for community mental health facilities for individuals with mental health and intellectual and developmental disabilities. These were intended as an alternative to institutions; while not all intended facilities were built, the deinstitutionalization movement accelerated in its wake.
  • Public Law 94-142

    Public Law 94-142
    The Education for All Handicapped Children Act was the first federal law mandating free appropriate public education for all children with disabilities. Individuals ages 3-21 are guaranteed education regardless of the nature or severity of the disability. Also demands that children be placed in their Least Restrictive Environment.
  • Hudson v Rowley

    Hudson v Rowley
    First interpretation of PL 94-142 by the SCOTUS. Parents of Amy Rowley sued Hendrick Hudson Central School District because they felt she (a child with deafness) would better reach her full potential with a sign language interpreter. The Court ruled that because she was already performing at or above the level of her peers with the school-designed program, she was not entitled to an interpreter regardless of whether or not she was achieving her maximum potential.
  • Americans with Disabilities Act

    Americans with Disabilities Act
    Ensures the right of individuals with disabilities to nondiscriminatory treatment in other aspects of their lives, including employment, transportation, public accommodations, state and local government, and telecommunications.
  • Individuals with Disabilities Education Act

    Individuals with Disabilities Education Act
    IDEA was a reauthorization of PL 94-142, placing more emphasis on the individual rather than the disability. Individualized Education Program, Confidentiality, Nondiscriminatory evaluation, and more, reaffirming and expanding 94-142.
  • IDEA amendment

    IDEA amendment
    More emphasis on providing all students with access to the same curriculum, and greater accountability. States were allowed to expand the “developmental delay” definition to students up to nine years of age. Provisions for technology, professional and parent training, etc, are included
  • Cedar Rapids Community School District v Garret F.

    Cedar Rapids Community School District v Garret F.
    As part of IDEA, public school districts are required to provide accommodations for students with disabilities. This case concerned more intensive accommodations, such as suctioning and catheterization. Because these do not require a licensed physician and can be administered by a nurse or other qualified personnel, the court ruled that they are covered by the law. Funding for IDEA was later expanded to account for the cost of these services.
  • No Child Left Behind Act

    No Child Left Behind Act
    NCLB was meant to improve the academic performance of all students. Emphasized standardized testing, and students with disabilities are expected to take those tests at the level of their peers without disabilities. It is debated how effective this piece of legislation was, given some of its requirements for achievement and vague language; it was repealed in 2015
  • Individuals with Disabilities Education Improvement Act

    Individuals with Disabilities Education Improvement Act
    As a reauthorization, it expanded and reshaped IDEA to adopt some of the changes implemented by NCLB. Special emphasis was placed on IEPs, outlining more specific goals, assessments, accommodations, transition plans, and so on. RTI has become a widely adopted method for addressing the new requirements.