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The situation in Illinois Supreme Court in Dept. of Public Welfare v. Haas believed that the state had no constitutional obligation to offer free state-based education to children living with disabilities. The court had decided that education was not a "fundamental right". However, this eventually changed and turning in favor of advocating for all children to have an education.
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The Elementary and Secondary Education Act was the grant program was developed in response to the needs of students with disabilities in order to stimulate states to develop and enhance programs related to this category of students. This program was again revised in 1970 as the education for the handicapped act and the further support of the state run programs to students with disabilities. Though this did not give any special instructions on how they should be developed.
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The Vocational Rehabilitation Act was the earliest federal civil rights laws that safeguard people with disabilities. Section 504 of the Act barred discrimination on individuals with disabilities in all the programs or activities that obtained federal financial aid, including public schools. Later disability rights laws, like the Americans with Disabilities Act, were based on this law.
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The Educational Amendments Act of 1974 built on the previous federal education Acts by providing more protection to the rights of students and funding special education programs. It also highlighted the due process of the disabled students and obligated the schools to offer relevant educational services. The Act also preconditioned the further, more detailed laws as the Education for All Handicapped Children Act of 1975.
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Education for All Handicapped Children Act of 1975 ensured that disabled children have the right to a free appropriate public education (FAPE) in the least restrictive environment. It obliged schools to develop an Individualized Education Program (IEP) on a student-by-student basis and supply the related services. This landmark legislation gave birth to the present day Individuals with Disabilities Education Act (IDEA).
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The Education of the Handicapped Act Amendments obliged states to provide free and appropriate education to children with disabilities. It helped create early intervention services to infants and toddlers with disabilities. It also guaranteed the families important rights and protections in the process of special education.
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American with Disabilities Act is a civil rights statute that forbids discrimination against people with disabilities in such areas as workplaces, social services and facilities, transportation, and housing. It provides humanity with people with disabilities the same opportunity and access to the same rights and services as others. The ADA has played a significant role in promoting access, inclusion and rights protection among millions of Americans.
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The right of students with disabilities was reinforced in 1990 through the Individuals with Disabilities Education Act of 1990 which reauthorized and renamed the Education for All Handicapped Children Act. It introduced new categories of disability to include autism and traumatic brain injury and focused on providing transition services to help prepare students to live after high school. Also strengthened the provision of a free appropriate public education in the least restrictive environment.
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In 1997, IDEA was strengthened to hold schools accountable for student progress and include students with disabilities in state and district tests. It emphasized access to the general education curriculum and collaboration between general and special education teachers. The reauthorization also increased parental involvement and reinforced preparing students for further education, employment, and independent living.
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In 2004, the Individuals with Disabilities Education Improvement Act rejuvenated the IDEA with a strong focus on accountability and better performance results in students with disabilities. It further clarified the provisions of Individualized Education Programs (IEPs), discipline and taking part in tests. The legislation also supported early intervention, transition planning and parental involvement so that students are ready to learn, to work and to live on their own.