Special Education Law

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  • White House Conference on Children

    students with special needs placed in isolation when moved to public schools from institutions

  • Compulsory Attendance Laws in place

    All states now have compulsory attendance laws in place, however students with special needs were often excluded.

  • Cuyahoga Parental Advocacy

    Parental advocacy played a huge role in getting children with special needs to be included in compulsory attendance

  • Cuyahoga County Court of Appeals

    Ohio gave authority to exclude children with special needs from compulsory attendance.

  • Civil Rights Act

    After Brown vs Board of Education, students could not be segregated by race. This opened the doors to laws regarding minorities being included in the classroom and not being excluded, including students with disabilities.

  • Elementary and Second Education Act

    Provided direct funding to certain states to educate certain groups of students. President Johnson passed this act to open up opportunities for students with disadvantages, including those in schools for the deaf, blind, and retarded, to have an education.

  • The Handicapped Children's Education Act

  • Education of the Handicapped

    Previously Title VI, provided funding to states to improve and create programs for those with special needs. This was the first freestanding education law.

  • PARC vs PA

    Argued that the state was not complying with the constitution because students with mental retardation were not being given an education. Under 14th amendment they should be included. Result: children ages 6-21 were given the right to a public education, thus being included in compulsory attendance.

  • Mills vs Board of Education

    Ruled that Board of Education could not exclude students with disabilities just as they could not exclude students with minorities. It also required the district to provide due process safeguards. The court also outlined due process procedures for labeling, placement, and exclusion of students with disabilities.

  • The Rehabilitation Act 504

    First civil rights law to protect those with disabilities. Was set up to prohibit discrimination against anyone with a disability by any agency receiving funds.

  • Education Amendments 1974

    Each state was required to establish a goal of providing a full education to those students with disabilities.

  • The Education for All Handicapped Children's Act

    This is also known as P.L. 94-142. Mandated qualified students with disabilities have: nondiscriminatory testing, evaluation, and placement procedures, education in the least restrictive environment, procedural due process including parental involvement, and a free and appropriate education. Promised federal funding to states.Required schools to develop IEPs for students with disabilities.

  • Irving Independent School District v. Tatro

    First high court ruling. Tatro needed special services due to spina bifida. The school would not provide the services and the court ruled these as medical services and not related services, meaning they did not have to comply. This lead to health services that could be provided by a nurse or school nurse to be included in the IDEA act.

  • EHA Amendment

    This later became a subchapter of IDEA. Congress recognized the importance of earl intervention for children. Required states to provide early intervention services for infants. In Board of Education of the Hendrick Hudson Central School District v. Rowley, Rowley needed a sign language interpreter. This was not covered since it was an adaptive needs. Under this Amendment, all services meeting certain needs would be covered at public expense, including the sign language interpreter for Rowley.

  • Handicapped Children's Protection Act

    Smith vs Robinson led to this act to provide attorney fees to parents and guardians if the won in. accordance with the law.

  • Daniel R.R. vs Board of Ed

    Daniel was a 6 year old in a preschool class with down syndrome. He was not participating and was, therefore, kicked out of his preschool class. His parents practiced their right and took the board to court. It was said that appropriate education mandate becomes more important than the mainstreaming mandate so that all children can learn in THEIR least restrictive environment.

  • Individuals with Disabilities Act

    Renamed EACHCA to IDEA. substituted disability for handicapped. Used people first language (Person is more important than the disability). Added and clarified types of assistive services. Added transition planning for children 16 or older.

  • CRAWFORD V. HONIG

    African Americans wanted to have access to standardized IQ tests in order to qualify for special education.

  • IDEA Amendments

    EHA was renamed to IDEA (Individuals with Disabilities Act. Changed to people first language, Added new IEP contents (due to Oberti case) and changed the IEP team, required states to offer mediation hearings. In the Oberti case, the student was in a general education classroom and asked to be taken out by the school. Since the school had no behavior in his IEP they were unable to prove that correct measures and appropriate actions had been taken.

  • No Child left Behind

    Students with disabilities could not be "left behind" (held back). States must have rigorous systems that ensure students with disabilities move along with their classmates.

  • IDEA Amendment

    defined a highly qualified special education teacher, removed short term objectives from IEPs, prohibited states from using a discrepancy formula, encouraged response to intervention model. The state used to do little to fix a problem, however after the Gaskins case, they began to train special education teachers in not only special education classes to help them qualify to not only teach special education, but to work on the inclusion aspect as well.