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Plessy V. Ferguson
The SCOTUS upheld the seperate but equal doctrine of the day. This ruling is important in the realm of special education law, because it all but afforded the right of states and schools to segregate and exclude the disabled from public education. -
Brown vs. The Board of Education Topeka, KS
Though this was a civil rights case involving racial segregation, this seminal case opened the door for parents to sue for integration of their disabled children into the public school system. The ruling in this case determined that segregation violated the equal protection clause of the 14th amendment and ended the legacy of "seperate but equal". -
Elementary and Secondary Education Act (ESEA)
This Act was part of the sweeping Civil Rights Legislation during the Johnson Administration's fight against poverty. It attempted to close the achievement gap. The ESEA would eventually be reauthorized under Clinton and George W. Bush. It is currently known as No Child Left Behind. As a funding statute the Act provided funds for educating the disabiled under Title IV. Incidentally, the Act is responsible for what we know today as Title I and the funds associated with it. BEH est. -> OSEP. -
Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania
This court case tried at the U.S. District Court level was an important case because it established that schools could not use the high cost of educating the disabled as a reason for not allowing the disabled access to education. It set requirements for the admission of the disabled; guidelines for parental involvement in identification and placement of their children. The decision in this case and "Mills" led to the ADA and IDEA. -
Mills v. Board of Ed. of Dist. of Columbia
Tried concurently with PARC v. Pennsylvania, the SCOTUS decided that disabled students were entitled to a FAPE and that cost limitations were of no consideration. Services must be provided based on need and not a school's fiancial abilty to provide them. -
Section 504 of the Rehabilitiation Act
Pub. L. No. 93-112, 87 Stat. 394; 29 U.S.C. § 701 et seq.
A pre-cursor to ADA, this act defined the disabled individual "persons with a physical or mental impairment which substantially limits one or more major life activities." "Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning." Section 504 applied to any program or activity receiving federal financial assistance. This includes public schools. -
Family Educational Rights and Privacy Act of 1973
PL 113-21 20 USC § 1232g
Also know as FERPA or the Buckley Amendment the Act guaranteed parents the rights to their children's presonally identifying information collected, used, or maintained by schools. Peterson, J. (2007). -
Education for All Handicapped Children Act (EAHCA)
PL 94-142.Signed into law by President Gerald Ford, this law was passed to ensure that disabled students received access to education; to provide funding to states to educate the handicapped; established formal processes and procedures for special education; and ensured decisions about special ed evaluation and placement were fair. Eventually is amended as IDEA. -
Hendrick Hudson School District V. Amy Rowley
458 U.S. 176
This court case heard by SCOTUS defined a FAPE. At issue was the intent of the funding provided to states to provide FAPE. The Court decided that students are not entilted to the "best" education or one that maximizes their potential. It defines the FAPE requirements of the EAHCA as one that provides personalized instruction provided at pulic expense that follows the student's IEP and provides services so that they progress. -
Handicapped Children's Protection Act of 1986
Singed by President Reagan, this Act Amended the Education of All Handicapped Children Law (PL 94-142) to include reimbursement for lawsuites filed under the provisions of PL 94-142. It also provided for funding for LEAs to provide education services to ALL disabled and handicapped students in thier States, as opposed to just select ones. Additionally, it required the parents be involved in the IEP process. -
Timothy W. v. Rochester School District 875 F.2d 954 (1st Cir. 1989)
875 F.2d 954 (1st Cir. 1989)
In this case the 1st Circuit Court reversed repeated rulings that a school district should not have to provide FAPE if the student could not benefit from learning. The first District Court of appeals ruled that a child's failure to show befefit from a public education cannot be used as the basis for denying that child from the FAPE requirements of the EAHCA PL 94-142. -
Americans with Disabilities Act (ADA)
PL 101-336. Codified as 42 U.S.C 12101 et seq.
Signed by George W. Bush, this civil rights law clearly and expressly prohibits discrimination based solely on disability in employment, public places, and public accomodations. It also forced telecommunications companies to offer equivalent services to the disabled -
Individuals with Disabilities Education Act (IDEA) of 1990
PL 101-476 codified as 20 U.S.C. 1400 et seq.
Signed into law by George H.W. Bush, this federal law amended the Education for All Handicapped Children Act (EAHCA PL 94-142) to the IDEA. This funding statute provides funds for States to provide education services for the disabled. It also includes provisions for transition services and ITP for post-school functions. This law guarantees the rights of all disabled students to receive a free and appropriate education (FAPE) in the LRE. -
Christopher M. by Laveta McA. v. Corpus Christi Independent School Dist.
933 F.2d 1285 US Court of Appeals 5th Circuit
In this case the Appeals Court held that the EAHCA does not presume or guaranteed a full-day of school for disabled students as a FAPE. The court ruled that a 4-hr school day was appropriate for a severely disabled student with sensory issues and was a FAPE. -
Individuals with Disabilities Act (IDEA) Reathorized
Key amendments to the IDEA include: the process by which children are initially evaluated for disability services and the three year re-evaluation; explicit requirements for states to include disabled students in mandated assessments with accomodations as necessary; Parents specifically included in eligibility determinations; and, changes to the IEP, which include changes to the information included, developing, reviewing and revising the IEP, and transition services. -
Cedar Rapids v. Garrett F., 119 S.Ct. 992 (1999)
The United States filed a brief on the issue of what qualifies as related services under IDEA. The United States argued that the "related services" IDEA requires schools to provide to students with disabilities include medical services, as long as the service is not one usually administered by a physician.
wrightslaw (n.d.) retrieved from http://www.wrightslaw.com/law/reports/IDEA_Compliance_6.htm -
No Child Left Behind Act (NCLB) of 2001
Signed into law by George W. Bush, this Act was a standards based educational reform that required accountability through AYP and measurable goals. The overarching goal of the legislation was to close the achievement gap between all children, including impoverished and the disabled, and bring them up tp proficiency in math and reading in 2014. The act requires highly qualified teachers. States are mandated to develop assessments to test kids at certain grade levels. -
2004 Reathorization of the IDEA
George W. Bush signed this reauthorization of the IDEA into law. Major amendments to the law include: Increased accountability for Research based interventionsI; Revision of the term disability sec 300.08; revision of the FAPE, revised accomodation requirements; revision of LRE to include "closeness to home" feature; Reimbursement for legal fees and private school tuition; revisions and more protections added for parents through procedural safeguards. -
Arlington Central School Dist. Bd. of Ed. v. Murphy
548 U.S. 291
SCOTUS held that parents can be reimubursed under IDEA for reimbursement of expert fees for legal fees accumulated during a previus case in which the parents sued the District for violations of IDEA's provision to reimburse for private school tuition. The parents won that case then sought to recover expert fees. SCOTUS rules in their favor based on the IDEA provision that permits a court to “award reasonable attorneys' fees as part of the costs” to prevailing parents. -
Winkelman v. Parma City School District
550 U.S. 516
Non-lawyer parents of an austistic student who disagreed with the School District's decision about their son's IEP. They followed administrative procedures and filed an appeal on their own on behalf of thier son. The SCOTUS upheld that because parents were the benefits of IDEA's FAPE provision they were able to file an appeal and represent themselves on behalf of their son, despite behing non-lawyers. -
Forest Grove School District v. T.A.
129 S.Ct. 2484
The SCOTUS ruled that parents are entitled to reimbursement for private school tuition under IDEA if the public school fails to offer a FAPE. Even if a student unilaterally withdraws from a public school and the student never received special education at the previous public school -
NCLB Reauthorization as a Blueprint for Reform 2010
Signed into Law by Barack Obama, this reauthorization maintained focus on increasing performance by all groups of students and standards-based accountability. It added a focus on equity which include a focus on career and college ready standards, better assessment, meaningful change in low performing schools, "every level" accountability, professional development for teachers and leaders, getting teachers where they are most needed, funding equity, and positive student and adult relationships.
