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14th Amendment - Constitutional Law
The 14th Amendment creates the foundation for educational equity. "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. Amend. XIV). -
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References
Board of Education v. Rowley, 458 U.S. 176(1982)
Education for All Handicapped Children Act, P.L. 94-142, 20 U.S.C. § 1400(1990)
Family Education and Privacy Rights Act, 20 USCA § 1232g(1974)
Individuals with Disabilities Education Act, 42 U.S.C. § 12101(1990)
Individuals with Disabilities Education Improvement Act, P.L. 108-446, U.S.C. § 1400 (2004)
No Child Left Behind Act, P.L. 107-110, 20 U.S.C. § 6319(2002)
Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(1973)
U.S. Const. amend. XIV. -
The Elementary and Secondary Education Act - P.L. 89-10 - Statutory Law
President Lyndon B. Johnson signed the Elementary and Secondary Education Act (ESA) in 1965. It funded primary and secondary educational institutions so they could provide all students with a quality education. -
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The Special Education Movement
Before 1965, students with disabilities had a disadvantage at school. Public schools did not accommodate them or meet their needs. They were not receiving services to help them be successful in school. The EHA of 1975 provided funding to public districts to help student with disabilities. It was then amended in 1990 to allow parent involvement. Schools need to keep providing services and accommodating students with disabilities so they receive a quality education. -
The Rehabilitation Act of 1973 - (29 U.S.C. § 794) - Statutory Law
The Rehabilitation Act of 1973, also known as Section 504, became the first civil rights law to protect students with disabilities. It states that "no person with a disability can be denied services, be excluded from any activity, or be subject to discrimination from an institution receiving federal funding" (29 U.S.C. § 794). -
Free and Appropriate Public Education Act (FAPE) (34 CFR § 300.101)
The Free and Appropriate Public Education Act requires public school districts to educate students no matter how severe their disability may be (34 CFR § 300.101). This is under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794). -
Family Educational Rights and Privacy Act (FERPA) - (20 USCA § 1232g) - Administrative Law
The Family Educational Rights and Privacy Act (FERPA) is a federal policy that gives rights to parents and guardians to access student records (20 USCA § 1232g). -
Education for All Handicapped Children Act (20 U.S.C. § 1400) - Statutory Law
The Education for All Handicapped Children Act, also referred to as Public Law (PL 94-142), was put into place by Congress in 1976. This Act ensured all students with mental or physical disabilities receive a quality education. It funded state and local educational agencies and mandated that they comply with the law by offering equal access and individualized plans to students with disabilities (20 U.S.C. § 1400). -
Board of Education v. Rowley - 458 U.S. 176 (1982) - Judicial Law
Hendrick Hudson School district told Amy Rowley, a deaf student, that they did not have to provide an interpreter for her. Her parents went to the United States District Court claiming that Amy was not receiving Free Appropriate Education (FAPE) without an interpreter. The court sided with the school, but it changed the way they looked at special education cases. It required districts to look at their guidelines and determine if the needs of special education students were being met or not. -
Individuals with Disabilities Education Act (42 U.S.C. § 12101) - Statutory Law
The Individuals with Disabilities Education Act (IDEA), previously known as Education for All Handicapped Children Act (EHA) (20 U.S.C. § 1400), enforces that students with a disability are provided with Free Appropriate Public Education (FAPE). It requires public schools to give students with disabilities access to education and requires appropriate services to meet their individual needs (42 U.S.C. § 12101). -
No Child Left Behind Act - P.L. 107-110, 20 U.S.C. § 6319 - Statutory Law
The No Child Left Behind Act (NCLB) is a federal law that funds extra educational assistance for low economic children to improve their academics. It revised the 1665 Elementary and Secondary Education Act (P.L. 89-10). -
Individuals with Disabilities Education Improvement Act - P.L. 108-446 - Statutory Law
The Individuals with Disabilities Education Improvement Act (2004) ensures that students with disabilities have Free Appropriate Public Education (FAPE) with special education services for their individual needs. The four components added to improve the IDEA Act (42 U.S.C. § 12101) for special education students were: assistance for the students, highly qualified special education teachers, national activities to improve their education, and services from when they are born to 21 years of age.