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Brown v Board of Education
Argued against Educational Segregation. Determined that separate but equal was unconstitutional. Today, this ruling serves as precedent that students with disabilities cannot be excluded from public education facilities. -
PARC v Commonwealth of Pennsylvania
Argued Right to Education. Stated Pennsylvania must offer free public education to any child, aged 6-21, regardless of their disability. This was the case that granted parents rights to participate in decisions that affects their child's education. -
Mills v. Board of Education of the District of Columbia
Built up the previous case, made to include all children with disabilities. Added clauses that assured specialized instruction no matter a child's function level. Established due process safeguards to protect the child's rights. This includes parental notification. -
Education for All Handicapped Children Act
The legislative heart of special education. Federal legislation guaranteeing free public education to all children, including students with severe disabilities. -
Section 504 of the Rehabilitation Act of 1973
A civil rights law created to protect children and adults against discrimination due to a disability. There is no age limit to this law and there is a broader interpretation of what constitutes a disability. Parents are granted impartial hearings, can inspect records, and have counsel representation. -
PL 99-457
An extension of PL 94-142. Services for preschoolers were now mandated and so was early intervention services for infants and toddlers. This extension also established Individualized family service plans as well as creating the Developmentally Delayed label. -
Americans With Disabilities Act
Any person with an impairment that greatly effects any major life activity is covered by this act. This legislation protects individuals on both the public and private level. It also serves as a beacon of hope for students in the special education program getting ready to leave school and transition into adulthood. -
PL 101-476
Legislation known as Individuals with Disabilities Education Act (IDEA). Autism and traumatic brain injuries can now be considered disabilities. Services expanded to include rehabilitation counseling and social work. An individualized transition plan is now required by the age of 16. States are no longer granted immunity from lawsuits that involve them violating IDEA. -
PL 105-17
Students with disabilities must now participate in state and district wide assessments. Transition planning now begins at 14. With this extension there was a greater emphasis on benchmarks and measurable annual goals. If a student with a disibility is expelled or suspended they are still able to receive services stated in their IEP's. -
PL 110-325 ADAA
Once again revises the definition of what constitutes a disability. Also adds two more major life activities, including activities such as reading, concentrating, and thinking. Also includes major bodily functions as major life activities. These changes also apply to students. IDEA and section 504 work together to ensure that every individual gets the protections and services they are entitled to. -
References 1
Disibility Justice. (2020, February 21). The Right to Education . Retrieved from Disability Justice : http://www.projectidealonline.org/v/special-education-public-policy/
The Public Interest Law Center. (2019, February 21). PARC V. COMMONWEALTH OF PENNSYLVANIA. Retrieved from The Public Interest Law Center: https://www.pubintlaw.org/cases-and-projects/pennsylvania-association-for-retarded-citizens-parc-v-commonwealth-of-pennsylvania-case-documents/ -
References 2
References
Bouck, E. C., & Gargiulo, R. M. (2018). Special Education in Contemporary Society sixth edition. Thousand Oaks: SAGE Publications.
deBettencourt, L. (2002). Understanding the Difference Between IDEA and Section 504.
