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Special Education History
In the past, children with disabilities were locked away in asylums, excluded from classrooms, forced into expensive private schools, and deemed unfit for society. However, thankfully, times have changed and there are now laws set in place that help protect the rights of all children, including disabled students. -
Mills Vs. The Board of Education of the District of Columbia
usedulaw.com Mills believed children were denied the constitutional right to Due Process if he or she was disabled. Due Process means students and their families have the same Fourteenth Amendment rights as any other citizens have (Henley, Ramsey, & Algozzine, 2009, Chap.1.4). A child with disabilities could be excluded or shunned in the past. The court agreed that the children's rights should be protected.
http://disabilityjustice.org/right-to-education/ -
Section 504, Rehabilitation Act of 1973
It was enacted to protect any special needs child from being discriminated in a federal funded circumstance. If necessary, accommodations must be made in order to provide a free and appropriate education for these children. https://www.dol.gov/oasam/regs/statutes/sec504.htm -
Honig vs. Doe 484 U.S. 305 (1988)
https://supreme.justia.com/cases/federal/us/484/305/
A child cannot be removed from his or her educational placement, due to mental, physical, or behavioral disabilities. After a student was expelled from school, because of his actions (he lacked impulse control), he decided to take action against the school for discriminating against him.
The court decided with them, in that no student could be excluded from the classroom for behaviors resulting from his or her disabilities.