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The case started in 1951 when the public school district in Topeka , Kansas, refused to enroll the daughter of a local black resident Oliver Brown at the school closest to their home. Brown claimed that Topeka's segregation violated the Constitution's Equal rights. The Brown ruling increased educational opportunities for students with disabilities. This case is important because it established the prohibition of segregation on base of race.
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1975- Education for All Handicapped children Act, EHA expended rights for students with disabilities. EHA ensured that students with disability could access any modification related services and specially designed instruction in order to make progress in the public school setting. In 1990 EHA was reauthorized as the Individual with Disabilities Act, IDEA. It was reauthorized again in 1997 and 2004.
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Pennsylvania Association for Retarded Children sued Pennsylvania over a law that allowed school districts to deny entry in public schools of children who didn't have the mental age of 5. PARC argued that it was violated the Brown rule and their rights under the 14 Amendment. The case ended in consent and required education for all exceptional students. PARC agreement provided some o the framework for FAPE requirements in IDEA
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Amy Rowley a deaf student in Hudson School District, with the help of FM hearing aids and LRE was making consistent progress in school. Parents requested a sign language interpreter arguing that Amy was not meeting her potential. The Supreme court ruled in favor of Hudson school District explaining that FAPE requires schools to provide access to education but they are not required to demonstrate that they have maximized student's potential.
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John Doe was an emotionally 17 year old student who had problems controlling his anger. He choked a peer and kicked out of the window. He was suspended for 5 days and was recommended his expulsion. Bill Honig, the state superintendent of public instruction was named as responded. The Court ruled that a student can not be removed for behavior resulting from their disabilities. The court established the 10 day rules. It requires a manifestation determination review once a child has been suspended
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ADA is the most comprehensive civil rights legislation for individuals with disabilities. It was signed into law by George H. W. Bush on July 20, 1990. The Act defines disability as a physical and mental impairment that limits one or more of the major life activity. The ADA prohibits discrimination of disability in the workplace and in all public places. The ADA adds legal protection for the rights of students with disabilities to have equal access to public education
