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Special Education Law Timeline
1973
1971 & 1972
1975
1954
Image source: https://www.greatschools.org/gk/articles/special-education-faq/https://www.greatschools.org/gk/articles/special-education-faq/
Public Law 94-142 - IDEA
The Mills suit provided a foundation framework for the Education for All Handicapped Children Act (EAHCA), also known as Public Law 94-142. EAHCA was later renamed the Individuals with Disabilities Education Act (IDEA) (Rothstein and Johnson, 2021, pp. 7 & 13). The basic principle of IDEA is that all students with disabilities be provided with an education in a free appropriate public education (FAPE) (p. 20). IDEA was amended in 1997 to address the quality of services provided to students with disabilities. Congress added provisions regarding the expectations and outcomes for students with disabilities (p. 21).
IDEA has six major supports that public schools must provide to children with disabilities that ensure their education needs and progress are met:
1. Individualized Education Program (IEP) must be created for eligible students in public education. It is a legal document that lists the students' strengths, challenges, and services and supports the student’s needs
2. Free Appropriate Public Education (FAPE) for children with disabilities.
3. Least Restrictive Environment (LRE) means the student is placed in the same classroom as much as possible.
4. Appropriate evaluation is a process that determines the student’s eligibility for special education services that involves an evaluation team, uses a variety of assessments and tools, and is conducted in a timely manner.
5. Parent and teacher participation is important. A student’s biggest advocate is his or her parents. Parents and teachers provide beneficial information for the IEP.
6. Procedural Safeguards protect the rights of the student and their parents. It is an important tool for parents.
In 1952, a lawyer, Thurgood Marshall, pleaded five cases, all regarding the separate but equal concept in public schools. The cases (The Administrative Office of the U.S. Courts, n.d.) were Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of Prince Edward County (VA), Bolling v. Sharpe, and Gebhart v. Ethel. Unfortunately, Marshall lost every case in the lower courts. Marshall teamed up with the National Association for the Advancement of Colored People (NAACP) (Wikipedia, 2024) Legal Defense; and the Education Fund and took the cases to the United States (U. S.) Supreme Court. The Supreme Court merged the cases into one, Brown v. the Board of Education. Their argument was that separate school systems for Black students and White students were inherently unequal and a violation of the Equal Protection Clause of the 14th Amendment of the U. S. Constitution. The team submitted sociologic tests to support its argument. They argued that segregated school systems tended to make Black students feel inferior to White children. The first time the case came to the U. S. Supreme Court, the court divided and could not make a decision. The Supreme court decided to rehear the case in December 1953. On May 14, 1954, after hearing the case a second time, the U. S. Supreme Court came to a unanimous decision declaring, “We conclude that in the field of public education the doctrine of separate but equal has no place. Separate educational facilities are inherently unequal.” (The Administrative Office of the U.S. Courts, n.d.)
The case laid the foundation for the Individuals with Disabilities Education Act (IDEA) of 1975. IDEA law requires public schools to provide access to a free appropriate public education for all children with disabilities. Prior to 1975, close to three million students with disabilities were not provided with an appropriate education, some were receiving no education. (Rothstein and Johnson, 2021)
PARC v. Commonwealth
The Brown decision became a legal theory in more than 30 separately filed cases across the country (Rothstein and Johnson, 2021, p. 13). In 1971, the first right-to-education lawsuit that overturned Pennsylvania law, Pennsylvania Association for Retarded Children (PARC) v. the Commonwealth of Pennsylvania secured quality education for all children. PARC challenged the laws that excluded severely intellectually disabled children from attending public schools. The case was settled quickly with the state agreeing to provide a free public education for children with intellectual disabilities. It also required public schools to provide individualized evaluations and plans. (Widener & Widener, 1982)
Mills v. Board of Education of District of Columbia
In 1972, the Mills lawsuit, also one of the more than 30 cases, resulted in "an elaborate framework for what the due process would entail (Rothstein and Johnson, 2021, p. 13), The Mills suit was filed against the Board of Education of District of Columbia in which the court ruled that students with disabilities must be given a free public education and training. This case was a class action lawsuit brought to court on behalf of seven children who were denied public education because of their disabilities in the District of Columbia (Disability Justice, 2023).
Image source: https://www.wrightslaw.com/law/art/history.spec.ed.law.htm
The Administrative Office of the U.S. Courts. (n.d.). History - Brown v. Board of Education Re- enactment. https://www.uscourts.gov/educational-resources/educational-activities/history-brown-v-board-education-re-enactment
Disability Justice. (2023). The Right to Education. https://disabilityjustice.org/right-to-education/
Montana Office of Public Instruction. (2021). Section 504. https://opi.mt.gov/Educators/School-Climate-Student-Wellness/Special-Education/Dispute-Resolution/Section-504
Rothstein, L., & Johnson, S. F. (2021). A Constitutional and Political Framework for Change. Special Education Law (6th ed., pp. 12–14). SAGE Publications, Inc.
Widener, J. R., and Widener, R. P. (1982). The institutionalization of conflict in the reform of schools: A case study of court implementation of the parc decree. Indiana Law Journal, 57(3), 425-449.
Wikipedia. (2024). NAACP. https://en.wikipedia.org/wiki/NAACP
Section 504 of the Rehabilitation Act
Section 504 is a civil rights law that prohibits discrimination against students with disabilities by schools that receive federal financial assistance. Section 504 of the Rehabilitation Act is a federal civil rights law and prohibits discrimination against students with disabilities by school districts receiving federal financial assistance (Montana Office of Public Instruction, 2021). The OCR provides technical assistance to school districts, parents, and students upon request. The Montana Office of Public Instruction (OPI) has no authority in administering, regulating, or offering guidance on Section 504 matters.