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According to Gargiulo and Bouck (2021)
litigation and legislation affecting special education are based both legally and morally on the precedents established by Brown. The initial Civil Rights case ending segregation. Eliminated “separate but equal” schools for black and white students. Currently, it is used as a precedent to argue that children with disabilities cannot be excluded from public education. -
Linguistically different students must be tested in their primary language and English. The district must provide evaluations in their first language if students do not speak English. Students should not be placed in special education classes based on IQ tests that are culturally biased (Gargiulo & Bouck, 2022). -
Extended the Pennsylvania decision to include all children with disabilities. Currently supports the right for parents to be notified of pending initial evaluation, reassignment, or planned termination of special services. The alleged lack of financial resources is not a valid reason for not providing adequate educational services to students with disabilities (Ross, 2022). -
The state will guarantee free public education for all children with intellectual disabilities from 6 to 21 years of age. The school district must integrate students as much as possible. Parents have the right to participate in educational decisions affecting their children. Provide services to preschool children with intellectual disabilities if the local school district serves preschool-age children who do not have intellectual disabilities (Gargiulo & Bouck, 2022). -
This is a civil rights law. This enactment was the first public law to protect children and adults against discrimination due to disability (De Bettencourt, 2002). Any person with a disability will have access to programs or activities receiving federal financial assistance. -
Ensures that all children with disabilities have free appropriate public education, special education, and related services designed to meet their unique needs. Protect the rights of children with disabilities and their parents or guardians (Gargiulo & Bouck, 2022). -
The state must pay for more than 180 days of schooling for students with severe disabilities. Some children with disabilities will experience significant regression during the summer break and have more extended recovery periods. All children with disabilities are entitled to year-round education (Gargiulo & Bouck, 2022). -
Congress reauthorized the Elementary and Secondary Education Act. This legislation reflects President George W. Bush's commitment to education reform and accountability (The No Child Left Behind Act of 2001 – ed, 2002). Currently, this legislation is responsible for measuring the annual progress of school districts. All students, including those in special education, must demonstrate proficiency in mathematics, reading, and science. -
This law reauthorizes the Education for Persons with Disabilities Act. Parents of children with disabilities also find new roles and responsibilities due to this law. Align special education services with broader national school improvement efforts that include standards, assessments, and accountability (Gargiulo & Bouck, 2022). -
This legislation is the seventh reauthorization of the historic Elementary and Secondary Education Act, which was initially passed in 1965. This new legislation emphasizes accountability, high standards, and student achievement, but the mechanisms for achieving these goals have changed substantially. The Adequate Yearly Progress provision has been replaced by a state accountability system and eliminates “highly qualified” teacher status (Gargiulo & Bouck, 2022).