Laws Concerning Students with Disabilities

Children Attending Elementary School Becomes Law

1852

 Each state gained authority over public education.
 School expenses were funded through local property taxes, state funds and some federal funding

Education is a Right

1854

 Mr. Chief Justice Warren of the United States Supreme Court ruled that in the case of Brown v. Board of Education of Topeka, that education is a right and must be made available to all on equal terms.

 In light of this decision, parents and advocates of the Council for Exceptional Children and the National Association for Retarded Citizens began challenging school policies.

At Risk Student Programs

1965

 The Elementary and Secondary Education Act provided federal funding to help address the educational needs of poor children as well as improve math, science and foreign instruction.

 The Head Start program was a result of this funding.
 It became compulsory to attend public school.
 Policies were created and enforced to include groups of children including those with a disability

Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania

1971

The court case Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania determined:
 “All persons considered to be mentally retarded could benefit from education and training”
 “free , public program to educate and train that are “appropriate to the child’s capacity””.
 “”A regular public school” class is more beneficial to a child than a special public class,”

Mills v. Board of Education of the District of Columbia

1972

The court case Mills v. Board of Education of the District of Columbia determined:
 “…children who had disabilities were not denied admission, suspended, expelled, reassigned or transferred from regular public school classes without due process of law”
 In the District of Columbia, census to be done to see if there were any children not attending public school.
 A periodic educational review was to be completed for each child.

Handicapped Children Act Becomes a Law

1975

Known as the “Bill of Rights”’
States that receive federal funding must provide students with disabilities: a free appropriate public education in the Least Restrictive Environment, it was provided for people ages 3-31 years old.
IEPs are described in detail.

The Education of the Handicapped Act Amendment was created

1986

*In 1986, Public Law 99-457: The Education of the Handicapped Act Amendment was created.
*This law was implemented so funding for interventions and services could begin in toddler years for children with disabilities. Part H of this law recognized children who had development delays from birth to 2 years old were candidates for early intervention programs (Cook, Klein, & Chen, p. 12).

IDEA was Enacted

1990

 Amendments to PL 94-142 was renamed to Individuals with Disabilities Act (IDEA)
 Transition plans for 16 year olds are required.
 Increased services became available.
 The disability categories now include autism and traumatic brain injury.

Changes to IDEA

1997

 Amendments to the IDEA included 10 changes.

Individuals with Disabilities Education Improvement Act brought IDEA of 1997 in alignment with “No Child Left Behind Act”.

2004

 Amendments were made to IEPs.
 Six principles of IDEA 2004 were included.
 There was to be no exclusions for children with disabilities.
 Children were to be evaluated fairly.
 FAPE: Free appropriate and public education came into effect.
 Children were to be educated in the Least Restrictive Environment.
 Protocols for re-evaluations were identified.
 A complaint process was identified.

Citation

2018

Special Education Law. (n.d.). Retrieved April 19, 2018, from http://www.projectidealonline.org/v/special-education-law/