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Begins in the early part of the 20th Century. Parents formed advocacy groups to help bring the educational needs of children with disabilities to the public eye.
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In 1961, President John F. Kennedy created the President’s Panel on Mental Retardation. The panel’s recommendations included federal aid to states.
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Lyndon B. Johnson signed the Elementary and Secondary Education Act, which provided funding for primary education, and is seen by advocacy groups as expanding access to public education for children with disabilities.
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By the 1970’s, only a relatively small number of children with disabilities were being educated in public schools.
Diana v. State Board of Education (1970)
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Since segregation was deemed unconstitutional, it was also unconstitutional to deny students with disabilities as education. http://usedulaw.com
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Prohibited discrimination against those with disabilities in programs that received federal funding
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Two federal laws would change this: The Education for All Handicapped Children Act (EHA) and the Individuals with Disabilities Education Act (IDEA).
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School sued due to interpreter being taken away from deaf student
Case offered a new interpretation of FAPE. Created a definition of FAPE and clarified that students don't have to have maximum support but enough to receive educational benefits
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Parents were able to recover attorney fees if they won in a court case or hearing
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Added traumatic brain injury and autism as new categories of disability Transition element for students age 16 or older was added,
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070081-dha-resource2010.pdf -
Changed the IEP department and added new components and
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Reaction to the low academic achievement of American students
Began holding the government responsible for the gains for students academically and Standardized testing began.
Emphasizes educational programs and practices that have been proven effective through scientific research.Increases the choices available to the parents of students attending Title I schools. https://scholarsarchive.byu.edu/cgi/viewcontent.cgi?article=2863&context=etd
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The 2004 amendments to IDEA also allow states and localities to employ a response to intervention (RTI) framework and consider a student’s response to scientific,
research-based interventions when identifying students
with specific learning disabilities.
https://www2.ed.gov/about/offices/list/osers/idea35/history/idea-35-history.pdf -
A federal district judge in Washington ruled this month that the U.S. Department of Education cannot delay implementation of a policy intended to draw closer attention to minority over-representation in special education under the Individuals with Disabilities Education Act. https://www.edweek.org/ew/articles/2019/03/20/catching-up-on-a-federal-rule-involving.html
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IDEA
progress for the next 15 years will require accepting the
challenge of the 1997 and 2004 amendments to IDEA to
not only ensure access to education but also improve
results for infants, toddlers, children, and youths with
disabilities and their families in each state and every
locality across the country
https://www2.ed.gov/about/offices/list/osers/idea35/history/idea-35-history.pdf