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Brown vs. Board of Education
This case was foundational for IDEA. It stated that “Separate educational facilities are inherently unequal.” It led to increased integration of students with disabilities into general education classrooms.
https://www.acslaw.org/expertforum/the-meaning-of-brown-for-children-with-disabilities/ -
The Community Mental Health Act of 1963
Provided funds for community mental health centers, training for professionals working with children with disabilities, and research.
Aimed to support students with IDD and deafness.
Significant because it led to deinstitutionalization, showed that the government holds responsibilities to care for people with disabilities, inspired a new approach to mental health care.
https://www.thenationalcouncil.org/about/national-mental-health-association/overview/community-mental-health-act/ -
Elementary and Secondary Education Act (ESEA)
This law was passed by President L.B. Johnson's administration, and aimed to provide funds to schools in low-income districts in order to better serve poor students. It was has been reauthorized many times; it was updated as NCLB and most recently in 2015 as ESSA.
https://educationpost.org/the-abcs-of-esea-essa-and-no-child-left-behind/ -
PARC vs. Commonwealth of Pennsylvania
Court case that established that children with exceptionalities have a right to a free and appropriate public education (FAPE). This case set a precedent that introduced the language of FAPE, which was further guaranteed in IDEA. Children with disabilities could not be excluded from schools on the basis of their disability.
Based on precedent set by Brown v. Board of Education.
https://disabilityjustice.org/right-to-education/ -
Rehabilitation Act of 1973
Prohibits discrimination against individuals with disabilities in programs that are federally funded. Section 504 is very significant, as it states that denying participation in activities or programs based on disability is illegal. Provides supports for children who do not meet the criteria for IDEA 2004 but still require additional services (such as ADHD). Set the stage for the Americans with Disabilities Act. https://dredf.org/legal-advocacy/laws/section-504-of-the-rehabilitation-act-of-1973/ -
Education for All Handicapped Children Act (PL 94-142)
Recognized the right of disabled students to a "free and appropriate public education" (FAPE), placed burdens on schools and educators to demonstrate support for students with disabilities, extended the role of the government in special education programs in schools. Established IEPs, required parent involvement in IEP development process (Kirk et al., 2015, p. 34-35).
https://www.wrightslaw.com/law/art/history.spec.ed.law.htm -
Education of the Handicapped Act Amendments of 1986
Allocated federal funds for states to develop programs for children with disabilities from birth onward (it expanded provisions to infants and preschool children). Reauthorized the Education of the Handicapped Act (EHA)
Renamed later as IDEA. (Kirk et al., 2015, p. 35)
https://www.ncbi.nlm.nih.gov/pubmed/2801456 -
Americans with Disabilities Act
This law prohibits discrimination on the basis of an individual's disabilities. It guarantees equal access and opportunities for individuals with disabilities in public areas (public accommodations, telecommunications, employment, transportation, and state and local government services).
https://adata.org/learn-about-ada -
No Child Left Behind (NCLB)
Reauthorization of ESEA. It increased the involvement of the government in education. Requires states to administer standardized tests to show evidence of performance. Schools face sanctions if they do not meet achievement targets (AYP). It also focused on supporting schools in improving the performance of ELL students, special education students, and poor and minority students.
https://www.edweek.org/ew/section/multimedia/no-child-left-behind-overview-definition-summary.html -
IDEA 2004 (Individuals with Disabilities Education Act)
Reauthorization of Education for All Handicapped Children Act. Required higher qualifications for special education personnel, set IEP standards, and required a transition plan as part of IEPs. It funded training for special education educators and specialists, and supported research and parent education programs. It was significant in establishing the foundational infrastructure of today's special education system.
(Kirk et al., 2015, p. 35-36)
https://sites.ed.gov/idea/about-idea/#Rehab-Act -
American Recovery and Reinvestment Act
Signed by Barack Obama, allocated funding for early intervention services (Part B and C of IDEA). The funds allow states and
The IDEA funds under the ARRA support states and early intervention service (EIS) programs to provide assistance to infants, toddlers, children, and youth with disabilities.
https://www2.ed.gov/policy/gen/leg/recovery/factsheet/idea-c.html -
Every Student Succeeds Act (ESSA)
Signed by Barack Obama in 2015. The most recent reauthorization of ESEA, updated NCLB. Gives states a greater role in how schools demonstrate student achievement. Allows parents to be involved in developing educational plans for schools, which is very important for parents of children with disabilities.
https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/every-student-succeeds-act-essa-what-you-need-to-know
https://www.ed.gov/essa
