SPED Law

  • Brown v. Board of Education

    In 1954 the Supreme Court rules that segregation in public schools is unconstitutional. This landmark decision began the movement of equality in education.
  • The Elementary and Secondary Education Act of 1965

    This law provided federal money to states in order to improve opportunities for students who were disadvantaged (including children with disabilities). The Elementary and Secondary Education Act was amended the following year (1966) to provide federal funding to expand programs for children with disabilities.
  • Diana v. State Board of Education

    This court case helped fix misclassification of students in special education. It made sure IQ tests were not biased and were given in the language appropriate for the student. This is important because children of non-traditional backgrounds were disproportionately designated for special education.
  • PARC v. Commonwealth of PA

    This court case required schools to provide a Free Appropriate Public Education (FAPE) and include parents/ guardians in the process.
  • Mills v. Board of Education

    This court case explicitly deemed it unconstitutional to deny students with disabilities an education.
  • Congressional Investigations

    After the two major court cases, Congress launched an investigation into the educational status of children with disabilities. The investigation found that out of 8 million handicapped children 1.75 million children were receiving no educational services at all, and 2.5 million children with disabilities were receiving an inappropriate education. Congress thus introduced legislation to establish in law the rights of all children with disabilities to an education
  • Public Law 94-142: The Education for All Handicapped Children Act of 1975

    This law was meant to "establish a process by which State and local educational agencies may be held accountable for providing educational services for all handicapped children." This included:
    --Requiring schools to develop an Individualized Education Plan (IEP)
    --Establishing procedural safeguards to protect the rights of students and parents
    --Provided federal funding for special education programs
  • The Handicapped Children's Protection Act of 1986

    This law allowed parents to recover attorney fees if they won in a court case or hearing. This was important because the lack of accountability meant that parents had to fight for their child'd educational rights in the courts in order to secure what the child deserved.
  • Individuals with Disabilities Act of 1990

    This amendment of the Education for All Handicapped Children Act of 1975 added traumatic brain injury and autism as new categories of disability. The law also added the transition element for students age 16 or older to their IEP.
  • IDEA Improvement Act of 2004

    The Individuals with Disabilities Education Act of 2004 had two main purposes. To provide an education that meets a child's individualized needs and to protect the rights of both children with disabilities and their parents. The law also gave a definition to "highly qualified" SPED teacher, encouraged the use of the RTI model in classrooms, and increased the focus on accountability and improved outcomes. This law was also meant to align IDEA to "No Child Left Behind Act of 2001."
  • Every Student Succeeds Act

    This law replaced the No Child Left Behind Act and modified the provisions relating to the periodic standardized tests given to students. The law advanced equity by upholding critical protections for America's disadvantaged and high-need students.

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