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Compulsory Attendance - Massacusetts
In 1852, Massachusetts passed a compulsory attendance law, stating that all children ages 8-14 must attend school for at least 12 weeks per year. Eventually all other states adopted a compulsory attendance law. -
Watson v. City of Cambridge
This case, mentioned by Yell (2016), was a case that denied educational opportunity to a student with a disability. The Massachusetts Supreme Judicial Court ruled that a child could be expelled from public school because he could not benefit from the instruction and bothered other children. Even though this child seemed to have a disability (the court said he was "weak in mind", could not care for himself, and made unusual noises), the court ruled that he could be expelled. -
Compulsory Attendance - All States
All states in the United States adopted compulsory attendance laws, mandating that children must attend school (ages and length of time differ from state to state). -
Beattie vs. Board of Education
This case, another that discriminated against students with disabilities, found that because a student's facial contortions, speech challenges, and drooling caused distress to teachers and students, the child could be expelled from school. This is clear discrimination of a student with a disability, especially since the student had attended public education up until grade 5, and it is in conflict with the compulsory attendance law passed by all states in 1918. -
Brown v. Board of Education
Brown v. Board of Education, though primarily focused on segregation, was a landmark case that created a precedent that it was unconstitutional for students to be separated because of their differences and that separate is not equal. This legislation focused on race, but the court's decision opened a new avenue of argument for those with disabilities. As Yell writes, "This decision opened a number of legal avenues for those seeking redress for students with disabilities," (2016, p.39). -
Elementary and Secondary Education Act of 1965
In 1965, President Johnson signed the ESEA which was primarily focused on improving elementary and secondary education in the United States. Part of this law allocated (for the first time) funding for states to provide greater opportunities for disadvantaged students - which included students with disabilities. -
Hobson v. Hansen
This case came before the U.S. Supreme Court and it focused on equal education opportunities. The plaintiffs claimed that schools were not allowing equal opportunity because of tracking (higher SES white students were receiving more opportunities than lower class minority students). The court ruled that this was a violation of the law and that equal opportunity was not occurring. This helped pave the way for future cases dealing with equality and special education. -
Mills v. Board of Education
This landmark case ruled that students who have disabilities are entitled to a free public education that meets their needs and capacities. Schools had to provide specialized education to students with disabilities, despite the cost. This case was one of the first cases to really address the educational rights of students with disabilities, and it was a law that helped lay the foundational principles for the Rehabilitation Act of 1973 (which included Section 504). -
Pennsylvania Association for Retarded Children v Commonwealth of Pennsylvania
The PARC sued the Commonwealth of PA over law that gave public schools the power to deny public education to children whose mental age had not reached 5 years. This had been used to deny children with disabilities access to free public education. The US District Court ruled that PA could not deny any children access to a free public education - and that the education given had to match that of the non disabled students in the schools. -
Section 504 of the Rehabilitation Act
Section 504 was part of the Rehabilitation Act of 1973. This section was the first piece of legislation that provided protections for people with disabilities. It forbids organizations and employers from discriminating against people with disabilities due to their disabilities. It includes employment, services, programs, and though focused mostly on employment and public services, it extended to school-based services and as well. It also paved the way for future legislation. -
Family Educational Right and Privacy Act
FERPA is a law that "protects the privacy of student education records," (U.S. Department of Education). This is an important law because it gives parents rights to view records and any personally identifiable information schools collect, and it also gives limitations on who can see students' records. -
Education for All Handicapped Children Act (EHA)
Also known as Public Law 94-142, EAHCA states that all children ages 6-21 are entitled to a free and appropriate education for all children with disabilities. It also gave rights for special education due process to children and families, as well as requiring LRE for students with disabilities. -
Smith v. Robinson
In this case, Tommy, a student with cerebral palsy, whose educational placement was changed by the school district. At his new school, Tommy did not receive the same educational services and therefore his right to public education granted under the EHA was violated. His parents filed an appeal. However, the judge ruled in favor of the school district. This outcome lead to amendments passed by Congress that further protected families of students with disabilities. -
Handicapped Children's Protection Act
Also known as P.L. 94-142, the Handicapped Children's Protection Act amended the EAHCA to include a provision allowing families to be provided legal fees for their time in court when they successfully sue under the EAHCA. This means that if children are not receiving the appropriate education and parents sue the district, if they win the lawsuit, their legal fees can be reimbursed. This takes away a monetary 'penalty' for families fighting for rights when the minimum requirement is not met. -
Daniel R.R. v. State board of Education
Daniel, a kindergartener with Downs Syndrome, had parents who wanted him to spend half of his day in an Early Childhood Program (to match his mental capacity) and the other half of the day with age-appropriate peers. It became apparent that this was not the best placement for Daniel. The U.S. Fifth Circuit Court of Appeals ruled this was not the LRE for Daniel because there was no educational benefit for him. This set the standard that the gen. ed. classroom is not always the best placement. -
Americans with Disabilities Act (ADA)
Public Law 101-336 - or the ADA - is a law that prohibits discrimination against people with disabilities in both private and public employment. It requires that all persons with disabilities have equal access to public services through reasonable accommodations. -
Individuals with Disabilities Education Act
IDEA was a reauthorization of the EAHCA. This reauthorization really clarified and extended rights of students with disabilities. The four parts of the legislation cover include six pillars:
Individualized Education Program (IEP), Procedural Safeguards, Free and Appropriate Public Education (FAPE), Appropriate Evaluation, Participation of Parents and Teachers, and Least Restrictive Environment (LRE). Subsequent reauthorizations have not significantly changed this initial foundation. -
IDEA 1997
This reauthorization of IDEA 1990 added some provisions and requirements. Some of the more noteworthy changes were: 1. students with disabilities were to be included in state-wide and nation-wise testing 2. the classroom/general ed. teacher is part of the IEP team, 3. safeguards with discipline. -
No Child Left Behind
The NCLB was a reauthorization to the ESEA. This reauthorization "dramatically expanded the role of the federal government in public education," (Yell, 2016, p.45). The aim was to improve student achievement so that all students were proficient in math and reading by 2014 - determined by rigorous high-stakes testing. If the scores did not show growth and/or proficiency, sanctions were imposed. Additionally, teachers were required to be highly qualified. This update was very controversial. -
IDEA 2004
The IDEA reauthorization in 2004 was an attempt to help realign IDEA with the ESSA. It also helped to more clearly define the role of special education. Some of the major changed included: requiring FAPE for all students, recognizing RtI as a means of general education, and more accountability at the state and local level. -
Every Student Succeeds Act
This law replaced NCLB and is a reauthorization of the ESEA of 1975. This law reduced the amount of power the federal government had with NCLB. It requires states to make accountability plans, and focuses less on standardized test score (though still requiring yearly testing in grades 3-8, and once in high school). Additionally, the law allows funding and support for schools that under-preform -- not sanctions or punishment. -
Endrew F. v. Douglas County School District
This case has just been brought before the U.S. Supreme Court and is considered to be a potential keystone case. A student with autism attended a public school for grades K-4. His parents did not see the adequate process, so enrolled him in a specialized private school. They then sued for reimbursement for tuition. The case is now being tried at the U.S. Supreme Court level. The outcome will set a significant precedent.
