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The U.S. Supreme Court decided in the Brown v. Board of Education of Topeka case that it was unconstitutional for educational institutions to segregate children by race. This ruling established the precedent that "separate educational facilities are inherently unequal," laying the groundwork for future legislation promoting inclusive education.
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Shortly after Mills, the PARC v. Commonwealth of Pennsylvania case extended the right to education for children with intellectual disabilities. The court's decision asserted that children with intellectual disabilities have a constitutional right to a free and suitable education, further solidifying the foundation for inclusive education.
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In Mills v. Board of Education, a federal court ruled that the District of Columbia's public schools must provide a free and suitable education to children with disabilities. This decision emphasized the importance of educating children with disabilities alongside their non-disabled peers, foreshadowing the least restrictive environment (LRE) principle.
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Section 504, a federal civil rights law, prohibits discrimination against individuals with disabilities in programs receiving federal financial assistance. This law has played a critical role in ensuring equal access to education for individuals with disabilities, particularly in higher education settings.
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The EHA, signed into law by President Gerald Ford, mandated that all public schools provide a free and appropriate public education (FAPE) to children with disabilities. This groundbreaking legislation introduced the concept of the individualized education program (IEP) and marked a significant shift towards inclusive education.
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These amendments to the EHA expanded services for children with disabilities, introduced the concept of transition planning, and increased parental involvement in the IEP process. These changes further emphasized the importance of preparing students with disabilities for post-secondary life.
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The ADA expanded the protections of Section 504, prohibiting discrimination against individuals with disabilities in employment, public accommodations, and transportation. While not exclusively focused on education, the ADA has had a significant impact on accessibility and inclusivity in educational settings.
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The IDEA replaced the EHA, maintaining the core principles of FAPE and IEPs while introducing new provisions, such as the requirement for least restrictive environment (LRE) placements. The IDEA also increased focus on parent and student participation in the IEP process.
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The IDEIA reauthorized and revised the IDEA, emphasizing accountability, research-based instruction, and improved post-secondary outcomes for students with disabilities. This revision also introduced the concept of Response to Intervention (RTI) and expanded the definition of a "highly qualified" special education teacher.
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ESSA, the reauthorization of the No Child Left Behind Act, includes provisions aimed at improving outcomes for students with disabilities. The law emphasizes the importance of providing a well-rounded education, improving teacher preparation, and increasing parental engagement.