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Special Education

Timeline

Maya Parry

American University

1954

Brown Vs. Board of Education (1954)

Brown vs. Board of Education ruled that segregation of schools was inherently unequal and public schools must accept all students (Wright & Wright, 2021). This led to parents suing their public schools for excluding and discriminating against their students with disabilities (Wright & Wright, 2021).

1965

Elementary and Secondary Education Act (1965)

The Elementary and Secondary Education Act (otherwise known as ESEA) was signed into law by President Lyndon B Johnson in 1965. Every five years, a version of ESEA is reviewed and approved by Congress. ESEA provides funding for schools with a focus on closing the skill gap for low-income children. Title III of ESEA provided funding for special education resources and services in rural and isolated areas (Paul, 2016).

1970

Education of the Handicapped Act (1970)

This act was a revision to the Elementary and Secondary Education Act of 1965. Through this act, there was "continued support for state run programs for individuals with disabilities" (Vaughn, et al., 2018). There was limited guidelines for these programs (Vaugh, et al., 2018).

1975

P.L. 94-142 (1975)

This public law was an amendment to the Education of the Handicapped Act. This public law was written due to findings of Congress which showed that more than half of handicapped students' needs were not being met (P.L. 94-142, 1975). The act's purpose was to ensure that "all handicapped children have available to them ... a free and appropriate public education which emphasizes special education and related services designed to meet their unique needs..." (P.L. 94-142, 1975). Part B of this public law is known as the Education for All Handicapped Children Act (EAHCA) which defined least restrictive environment and stated that students should be mainstreamed when possible (Vaughn, et al., 2018).

1986

P.L. 99-457 (1986)

This amendment to the Education of the Handicapped Act extended free education to three to five-year-olds with disabilities. It also created early intervention programs for birth to two-year-olds as there was recent recognition at the time that early intervention and preschool was critical for children with special needs (Sass-Lehrer & Bodner-Johnson, 1989).

1990

The Individuals with Disabilites Education Act

The Individuals with Disabilites Education Act (IDEA) replaced the Education for All Handicapped Children Act of 1975. It created person-first language when talking about people with disabilites; it extended the definition of special education services to include assistive technologies, rehabilitation services, and more; it protected student and family confidentiality; and it developed transitional programs for 16-year-old and older students so that they learn skills for after they leave public education (Vaugh, et al., 2018).

2004

Individuals with Disabilites Education Improvement Act (2004)

The Individuals with Disabilites Education Improvement Act (IDEIA) was a revision and amendment to the Individuals with Disabilites Education Act (P.L. 108-446, 2004). It increased the requirements for special education teachers in elementary and secondary schools; it required states to ensure that there wasn't a disproportiante number of students in special education from a certain race or ethnicity; it allowed schools to determine if students responded to evidence-based intervention before placing a student in special education; and it increased special education funding.

2022

Jane Doe v. Becky Guffin (2022)

This case, found in the students' favor, restated that restrains are only to be used when students are in imminent danger or putting other students in danger. A number of special education teachers and paraeducators were physically carrying students out of the classroom and placing them into a small room, holding the door shut from the outside so as to prevent them from leaving, and belittling them and shaming them in front of their peers (Jane Doe v. Becky Guffin, 2022). Although laws surrounding restrains have remained unchanged, it is important teachers are still well trained and held to account as unlawful restrains are direct affronts to students' fourth and fourteenth amendment rights.

References

References

Jane Doe v. Becky Guffin (2022) 21-3269, 8th Circuit. https://law.justia.com/cases/federal/appellate-courts/ca8/21-3269/21-3269-2022-08-01.html

Public Law 108-446 (2004). 108th Congress. https://www.congress.gov/bill/108th-congress/house-bill/1350

Paul, C. A. (2016). Elementary and Secondary Education Act of 1965. Social Welfare History Project. https://socialwelfare.library.vcu.edu/programs/education/elementary-and-secondary-education-act-of-1965/

Public Law 94-142 (1975). 94th Congress. https://www.govinfo.gov/content/pkg/STATUTE-89/pdf/STATUTE-89-Pg773.pdf

Sass-Leher, M. & Bodner-Johnson, B. (1989). Public Law 99-457: A New Challenge to Early Intervention. American Annals of the Deaf 134(2).

Vaughn, S. R., Bos, C. S., Jeanne, S. S. (2018). Teaching Students Who Are Exceptional, Diverse, and At Risk in the General Education Classroom. Pearson.

Wright, P. W. D. & Wright, P. D. (2021). The History of Special Education Law in the United States. Wrightslaw. https://www.wrightslaw.com/law/art/history.spec.ed.law.htm

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