Special Education Law, A History

Brown v Board of Education

1954

The US Supreme Court ruled that a separate but equal was not actually equal education for all. This decision did not specifically call out special education, but it did give parents and activists a stepping stone towards bettering the education of children with disabilities.

Elementary and Secondary Education Act of 1965

1965

Provided resources to ensure disadvantaged students would receive a quality education. Amended in 1996 to establish a grant to fund projects to provide "for the education of handicapped children".

PL 91-230

1970

Replaced Elementary and Secondary Education Act of 1965. Established a grant for States to create educational programs for children with disabilities. Provided no oversight on how funds were utilized.

Mills v. Board of Education

1972

School districts in Washington D.C. declared that it was unable to provide children with disabilities an education because of lack of resources. SCOTUS declared that since education could not be denied because of disabilities, and if funding was an issue, then funds must be utilized in such a way that no child is without education equally.

PARC v. Commonwealth of Pennsylvania

1972

The Commonwealth of Pennsylvania had excluded children with varying disabilities based on four state statutes.The statutes essentially allowed the school systems to exclude anyone from the classroom that had been deemed "uneducable and untrainable (sic)" by a psychologist. The lawsuit used the Brown v Board and the 14th Amendment to argue the case for the students and families. The parties came to agreement which provided the ground work for later legislature, IDEA.

Congressional Investigation-1972

1972

Initiated after PARC and Mills cases. Investigated the status of children with disabilities across the country. 8 Million children with disabilities, 3.9M receiving appropriate education, 1.75M receiving no services, and 2.5M receiving inappropriate education. Directly led to PL 94-142 being created.

Section 504 of the Rehabilitation Act

1973

Civil Rights Law, PL 93-112. Prohibits discrimination on the basis of disabilities in all programs that receive federal funding. Not restricted by age. Much broader interpretation of a disability than IDEA.

Public Law 94-142: The Education for All Handicapped Children Act of 1975

Nov 29, 1975

Guaranteed free, appropriate education for every child with disabilities in all states. Improved how children with potential disabilities were identified. Provided due process to protect children and families.

Board of Education of Hendrick Hudson Central School District v. Rowley

1982

First special education SCOTUS case. Addressed what is appropriate public education. A student with a hearing disability was performing well in classes with a provided hearing aid. The parents requested the student be provided a sign-language interpreter in her classes. They were denied. The case went through all levels of the courts with both sides winning/appealing at all levels. The final decision was that schools did not have to maximize the students potential.

PL 99-457

1986

Amendment to PL 94-142. Mandated services for preschoolers (3-5). Early intervention for infants and toddlers with developmental delays.

Honig v. Doe

1988

Dealt with expelling a child with disabilities based on actions caused by the child's disability. SCOTUS ruled that schools must follow the procedures contained in IDEA, including due process and an IEP meeting. This created a ten-day rule that allowed schools to temporarily suspend a student with disabilities for up to ten days without parental consent.

PL 101-476

1990

Changed name to Individuals with Disabilities Education Act (IDEA). Autism and TBI identified as distinct disability categories. Required creation of individual transition plan by age 16. Repealed states immunity from violating this law.

PL 105-17

1997

General educators required to be part of IEP team. Students with disabilities are to be involved with general education classes. Students expelled from school are still entitled to receive services in accordance with their IEP.

PL 108-446, Individuals with Disabilities Education Improvement Act (IDEIA)

2004

IEPs must include the student's present level of academic achievement and functional performance. IEPs will incorporate research-based interventions. All students will are required to participate in state and district wide assessments with accommodations or alternate assessments as mentioned in the IEP. Modifies provisions for students native language and preferred mode of communication.

References

Feb 21, 2020

https://educationonline.ku.edu/community/idea-timeline
https://www2.ed.gov/policy/speced/leg/idea/history.html
https://www.wrightslaw.com/law/art/history.spec.ed.law.htm
http://www.fortelawgroup.com/history-special-education-important-landmark-cases/
https://specialeducationlawyernj.com/special-education-law/landmark-cases-in-special-education-law/