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History of Special Education Law

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L Christensen

on 10 July 2014

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Transcript of History of Special Education Law

History of Special Education Law
Brown v. Board of Education

Prohibited segregation in
public schools on the
basis of race. Brown was important for students with disabilities because the concept of equal opportunity was applicable to them as well.
Elementary and Secondary
Education Act (P.L. 89-10)
Provided federal funding to assist
states in educating students as part
of the war on poverty.
Amendments to the ESEA, Title VI
(P.L. 89-750)

Provided federal funding to assist
states to expand programs for
children with disabilities.
Education of the Handicapped Act
(P.L. 91-230)

Expanded state grant programs for children with disabilities. This provided grants to institutions of higher education to train special education teachers and create regional resource centers.

Required the state of Pennsylvania to
provide students with mental retardation
with a free appropriate public education.
PARC v. Commonwealth of Pennsylvania
Held that because segregation in public schools by race was illegal, it would be unconstitutional for the D.C. Board of Education to deprive students with disabilities from receiving an education.
Mills v. Board of Education of the District of Columbia
Section 504 of the Rehabilitation Act (P.L.93-112)
Prohibited discrimination against otherwise
qualified persons with disabilities in programs that receive federal funding.
Education Amendments (P.L.93-380)
Incorporated the rights from
into the law.
Education for All Handicapped Children Act (P.L. 94-142)
Provided federal funding to states that agree to educate
eligible students with disabilities as required in the EAHCA.
It established the rights of eligible students with disabilities
to a free appropriate public education in the LRE. Finally,
it required schools to develop an IEP and establish
procedural safeguards.
The Handicapped Children's
Protection Act (P.L. 99-372)
Allowed parents to recover attorney's fees if they prevail in a due process hearing or court case.
Education of the Handicapped
Amendments (P.L. 99-457)
Created federal financial incentives to educate infants(birth - age two) using early intervention strategies. It also required IFSPs for eligible children and their families. Finally, it extended the EAHCA's Part B programs to 3- to 5-year olds in participating states.
Individuals with Disabilities
Education Act (P.L. 101-476)
Renamed the EAHCA the IDEA. It added: traumatic brain injury and autism as new disability categories under the IDEA, transition requirement to the IEP for students age 16 or older, and language that states were not immune from lawsuits under the 11th Amendment for violations of the IDEA. It also changed to "people first" language.
Individuals with Disabilities Education Act Amendments (P.L. 105-17)
Added new IEP contents and changed the IEP team and new disciplinary provisions. It required states to offer mediation to parents prior to due process hearings. It also reorganized the structure of IDEA.
The No Child Left Behind Act
This act helped to close achievement gaps with accountability, flexibility, and choice so no child was left behind. It was believed to ensure that instruction and achievement for students with disabilities would be improved. These students were now in the NCLB's assessment and accountability systems, ensuring Congress that schools are being held accountable for all students performance.
Individuals with Disabilities Education
Improvement Act (P.L. 108-446)
Defined a "highly qualified" special education teacher. It removed the short term objectives requirement from IEPs, except for students with severe disabilities. Now, states were prohibited from requiring school districts to use a discrepancy formula for determining eligibility of students with learning disabilities. It also encouraged the use of response-to-intervention model to determine if students were learning disabled.
Compulsory Education Laws
All states now held in place compulsory education laws; however, children with disabilities were often excluded from public schools. These exclusions upheld in court. Despite compulsory attendance laws, states continued to enacted statutes that specifically authorized school officials to exclude students with disabilities.
Jennifer Marcelli
Full transcript