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Sped Laws

By Gabby Valencia

1890

1890

Prior to 1900s, the first special education programs did not actually address special needs, rather they were about delinquency prevention for “at risk” children who lived in poorer communities. These programs offered training classes to supplement to general education programs such as carpentry, sewing, cooking, and social values. Some of these special education programs also focused on the “moral training” of African-American children.

1940

1940s

Starting in the 20th Century, special schools and classes for children with disabilities like deafness and blindness started increasing in popularity. Programs for children with specific learning disabilities labeled as “brain injury” or “minimal brain dysfunction” also became more common in the 1940s. However, these programs were not accessible to anyone as they were private programs that were often expensive and rare in good quality.

1954

1954

In 1954, the U. S. Supreme Court made a monumental civil rights decision in the case of Brown v. Board of Education. In this case, families from four states argued that segregated public schools were inherently unconstitutional as they treated African American children unequally and deprived them of equal quality of education and protection of the laws. The ruling of Brown v. Board of Education declared that African-American children had the right to equal educational opportunities as their white counterparts and that segregated schools “have no place in the field of public education.”

1965

1965

in 1965, Congress enacted the Elementary and Secondary Education Act (ESEA) to address the inequality in education for underprivileged communities. This act made it possible for the first federal grant program to fund education for children with disabilities in state-operated schools and gave them access to quality education. ESEA was amended in 1965 to improve the grant programs that allow for the initiation and improvement of programs that advocate and advance the education of children with special needs.

1969

1969

Specific to California, the Lanterman Developmental Disabilities Services Act was enacted in 1969 and established the rights of people with developmental disabilities and gave them access to services and support. These supports and services are meant to assist people with developmental live a more independent life and create the same opportunities that people without disabilities have. To implement this policy, The Lanterman Act created Regional Centers as central hubs where people can find resources for advocacy and protection of these rights.

1971

1971-1972

In 1971, another monumental case made a huge impact on Sped Laws. The case of Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania (PARC) dealt with the exclusion of children with special needs from public schools. The ruling of this court case stated that for an educational placement decision to be made, the school must initiate a process between the parents and the school where participation and a means to resolve disputes are available.

A year after PARC, Mills v. Board of Education of the District of Columbia (Mills) made another decision regarding special education. Mills was a lawsuit brought on behalf of seven children who were denied public education because of their disabilities and the cost of their accommodations. The Court ruled in favor of the students and decided that students with disabilities are entitled to an education that cannot be denied based on the accommodations’ additional cost to the school. This ruling was one of the first cases that led to federal legislation protecting disabled children's right to free public education.

1975

1975

On November 19, 1975, Congress enacted The Education for All Handicapped Children. This legislation Guarantees free appropriate public education (FAPE) in the least restrictive environment (LRE). Schools and special education programs also need to create Individualized Education Programs (IEPs) so special education and related services can be implemented to meet the needs of each child with disabilities. In addition, the act established a process by which state educational systems are held accountable for providing these services to all handicapped children. By ensuring that children with disabilities had access to an education and due process of law, Congress created a system called “procedural safeguards” that are designed to protect the rights of children and their parents.

2004

2004

The latest reauthorization in IDEA was in December 2004. In this reauthorization, Congress made amendments to make early intervention for students possible, ensure greater accountability from school systems, and improve educational outcomes by raising the standards for instructors who teach special education. One form of accountability is that this reauthorization requires that 15% of local special education funds go toward general education if a disproportionate number of students from minority groups were placed in special education despite no signs or diagnosis of disability.

1990

1990

In 1990, the reauthorization of The Education for All Handicapped Children changed the law's name from EHA to the Individuals with Disabilities Education Act (IDEA). IDEA also changed how handicapped individuals were referred to in legislation. These individuals were now referred to as individuals with disabilities More than a name change, the reauthorization was passed additional funding and added traumatic brain injury and autism as new disability categories

Although this law does not involve the education system, the Americans with Disabilities Act (ADA) is an important legislation that advocates for people with disabilities. ADA extends all civil rights protections to people with disabilities. These rights include protection from discrimination in employment, transportation, public accommodations, and activities of governments. Government agencies such as the EEOC, Dept of Transportation, FCC, and the Dept of Education help enforce the ADA and protect the rights of those with disabilities.

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