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Elementary and Secondary Education Act Amendment (ESEA)
this act was designed to:
• Fund education
• Implement accountability for school district (high standards)
• Improved professional development
• Helped with acquiring instructional materials
• Provided resources to different educational programs
• Helped parents become involved in their child’s education Elementary and Secondary Education Act 20 U.S.C. § 70 -
Rehabilitation Act
The Rehabilitation Act of 1973 stopped employers for discriminating against people with disabilities. In education, the act stopped schools from offering proper services to those with disabilities.
Citation: Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 355 (codified as amended in scattered sections of the 29 U.S.C and 31-41c U.S.C.). -
Education for All Handicap Children Act
The EAHCA required schools to provide equal opportunity to education. Schools were prohibited from treating all students equal. In this act:
•Students with disabilities must be provided proper assistance
•Treated fairly
•Undergo check to make sure schools are compliant
•Schools receive funds to help enact all of the requirements
Citation: Education for All Handicapped Children Act of 1975. Pub. L. 94-142 -
Honig v Doe
In this case, parents argued that a school board in California was not compliant with EAHCA saying that they did not have the right to indefinitely suspend their disabled students while explosion proceedings were being filed. The court ruled that all students have a right to a safe learning environment. Because of the majority’s safety, the school was granted the ability to suspend the disabled students.
Citation: Honig v Doe, 484 US 305 (1988) -
American with Disability Act (ADA)
This act is similar to the Education for All Handicap Children Act of 1975. While the EAHCA imposed requirements that ensure students are provided for, this act ensured that they not only receive the proper accommodations but also are treated in a manner that does not segregate students with disabilities from others.
Citation: Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213 (2013) (amended 2008). -
Rehabilitation Act Amendments 1992
The amendments of the Rehabilitation Act Amendments of 1992 allowed individuals with disabilities to receive education about how to become active, functioning members of society. The amendments required individuals to receive the support needed to thrive in school and in the community. Citation: Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 355 (codified as amended in scattered sections of the 29 U.S.C and 31-41c U.S.C.). -
No Child Left Behind Act (NCLB)
NCLBA provided incentive to those who were compliant with the ESEA of 1965. NCLBA offered school rewards if they could prove that students with disabilities not only received their proper accommodations but also showed growth. Citation: No Child Left Behind Act of 2001, P.L. 107-110, 20 U.S.C. § 6319 (2002) -
Individuals with Disabilities Act (IDEA)
IDEA was the new revisions of the EAHCA. It required parents to join their school in creating plans that helped their child/ student meet their educational goals. These plans were known as IEPs or Individualized Education Program. Citation: Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004) -
Schaffer v Weast
After the rejection and failure to come to a consensus on an IEP, Brian was pulled from public school and placed in a private institution. His parents sought reimbursement for this year of school expenses as he was pulled and enrolled due to the public school’s inability to meet his educational needs. The court ruled that the parents could not provide substantial evidence that his educational needs were not being met at his previous school.
Schaffer v Weast, 546 U.S. 49 (2005) -
Jacob Winkelman v Parma City School District
Under IDEA, the school district and the parents were unable to agree on a proper IEP for Jackob. Since a decision was not reached, his parents took further action by placing him in a private institution but called for reimbursement.His parents challenged the ruling by taking it to the supreme court. In the end, the court ruled that Jacob was not provided a free and appropriate education.
Citation: Jacob Winkelman v Parma City School District, 550 US 516 (2007) -
What Does This All Mean?
To educators, the disability laws, cases, and rulings are important because it presses the need to modify without removing the type of education give to individuals without disabilities. These event all build upon one another to show how education for the disabled have moved from removal to inclusion. The concept of equal opportunity should be granted to each individual student as the United States government has continually pressed the importance of education regardless of inabilities.
