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By: Karen Patterson
Every Student Succeeds Act
Congressional Investigation
Public Law 94-142
Brown v. Board of Education
IDEA Compliance Test
Individuals with Disabilities Education Act
Elementary and Secondary Education Act
Education of the Handicapped Act (P.L. 94-142)
Work Cited
Peter W.D. Wright, E. and P. D. W. (n.d.). The history of special education law in the United States by Peter W.D. Wright, Esq. and Pamela Darr Wright - Wrightslaw. Wrightslaw Special Education Law and Advocacy. Retrieved January 24, 2022, from https://www.wrightslaw.com/law/art/history.spec.ed.law.htm
The Brown v Board of Education case not only helped the children in segregated schools receive a better and fair education, but it also helped children with disabilities gain a fair and equal education. After the outcome of the Brown v. Board of Education, the parents of children with disabilities began to bring lawsuits against schools districts for excluding their children. Parents believed that by doing this, school districts were discriminating their children because of their disability. This case was one of first stepping blocks into developing a fair and equal education for students with disabilities.
After the Brown v. board of Education case, many more became aware of the issue students with disabilities have with their education. Congress started taking action by enacting the Elementary and Secondary Education Act to address the unequal educational opportunities children with disabilities had. This act let underprivileged students have access to a quality education. A year later, Congress established a grant program in which created programs and resources for handicapped children. This would be one of the major milestones in gaining an equal and fair education for all students.
The Education of the Handicapped Act (P.L. 91-230) was created to help push the states to create programs for children with disabilities.The Pennsylvania Assn. for Retarded Children v. Commonwealth of Pennsylvania argued that the process of placing individuals with disabilities into educational setting must also involve the process of parental participation. The Mils vs. Board of Education of District of Columbia discussed how school districts in this area would expel, suspend and exclude individuals with disabilities. The main defense in this case was how much it costs to teach students with disabilities.
After the PARC and Mils court cases, Congress started an investigation to see if children with disabilities were receiving an appropriate education. They discovered that these children had not been receiving an appropriate education. Approximately 4 million handicapped children were either receiving an inappropriate education or no education at all. After investigating this information, Congress decided once again to take action. Congress decided to create the Public Law 94-142 in 1975 to ensure that all handicapped children receive an education.
On November 19th, 1975, after a thorough investigation, Congress enacted the Public Law 94-142 also known as the Education for All Handicapped Children Act. This act helped ensure that any child with a disability has the right to an education. Education agencies would be responsible for providing any educational services these students would need. If they failed to due this, there would be consequences. There would be legal checks and balances put in place to make sure the rights of handicapped children and and their parents are protected
After placing the P.L. 94-142 in 1975, Congress needed to make sure that all of the states would comply. They did this by conducting a compliance test for each state. On October 11th, 1999, the results concluded that "most states failed." They had failed to meet the law's requirements of giving students with disabilities a "free and appropriate education." Local education agencies would not properly provide educational services these children needed.
The special education law has been updated many times since being placed in 1975. On December 23rd, 2004, this law was renamed as the Individuals with Disabilities Education Act. In the revision of this act, Congress required that highly qualified teachers are in charge of instructing students with disabilities. The main purpose of this act is to ensure a student with a disability has an education where their needs are met. This act should also help individuals prepare for their future.
The creation of the No Child Left Behind Act led to many difficulties in school districts. Congress decided to scrap this law and create the Every Child Succeeds Act (ESSA) which was signed by President Barack Obama on December 10th, 2015. Congress had moved several portions of the former law which included that highly qualified teachers were only allowed to instruct students with disabilities. This act has shown much needed improvement in compliance with the federal special education law.