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Special Education Foundations

Special Education Foundations, Laws, History, and Principles
by

Steven Noble

on 29 August 2013

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Transcript of Special Education Foundations

Special Education
Foundations

1954 Brown v. Board of Education
1958 NDEA
1965 ESEA
1973 Section 504
1990 IDEA
1972 Mills v. Board of
Education
1975 Education of All
Handicapped
Children Act
2001 NCLB
1990 ADA
1971 PARC v. Commonwealth
of Pennsylvania
1958 National Defense of Education Act
While it did not have a direct impact on special education, the National Defense of Education Act of 1958 provided federal funding to public education, marking the first time that the federal government had a role in elementary and secondary education. (Martin, Martin, and Terman, 1996)
1965 Elementary and Secondary Education Act
The Elementary and Secondary Education Act was signed into law by President Johnson.
Under the ESEA, funding was provided to primary and secondary public schools.
The primary goal of the ESEA was to close the achievement gap. (Martin et al., 1996)
1954 Brown v. Board of Education
The decision of the Brown v. Board of Education case overturned the Plessy v. Ferguson decision which allowed segregation in public schools.

This civil rights case set a precedent for equal rights in education.
Lyndon B. Johnson at the signing of the ESEA
1971 PARC v. Commonwealth of Pennsylvania
P
In the 1971 case the Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania, the courts ruled that it was the responsibility of the state to provide an appropriate education to students with disabilities. (Martin et al., 1996)
1972 Mills v. Board of Education
In the 1972 Mills v. Board of Education, the U.S. District Court in the District of Columbia ruled that children could not be denied a free public education based upon their disability, and that the schools could not deny them this due to lack of funding. (Martin et al., 1996)
1974 FERPA
Foundations in Special Education
Civil Rights
(Equal Rights)
Equal Access
Foundations in Special Education
Civil Rights
(Equal Rights)
Equal Access
Foundations in Special Education
Civil Rights
(Equal Rights)

Free and Appropriate
Public Education
Foundations in Special Education
Civil Rights
(Equal Rights)
Equal Access

Free and Appropriate
Public Education
Section 504, states “No otherwise qualified handicapped individual in the United States, shall, solely by reason of his [sic] handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
The Rehabilitation Act of 1973
Section 504
While most people did not take advantage of the power of Section 504 until 20 years after it was put into place, it gave people rights for nondiscrimination law suits. (Martin et al., 1996)
Nondiscrimination
1974 Family Education Rights andPrivacy Act
FERPA grants students access to their education records and gives them rights over amendment and disclosure of these records.
(Martin et al., 1996)
1975 Education for All Handicapped Children Act
Under the EAHCA, all students with special needs are entitled to a free, appropriate public education. This act was later amended and renamed the Individuals with Disabilities Act in 1990. (Martin et al., 1996)
1990 Individuals with Disabilities Education Act
In 1990, the Education for All Handicapped Children Act was amended and renamed the Individuals with Disabilities Education Act (IDEA). (Martin et al., 1996)
IDEA in 1990 and its amendments in 1997 and 2004 provided protections such as:
Free and Appropriate Public Education
Least Restrictive Environment
Due Process
Zero Reject Rule
(Martin et al., 1996)
Foundations in Special Education
Civil Rights
(Equal Rights)
Equal Access

Free and Appropriate
Public Education
Nondiscrimination
Due Process
Zero Reject
The Americans with Disabilities Act provided protections for the civil rights of individuals with disabilities and prevented discrimination based on disability.

The ADA is powerful in its ability to provide legal protection. (Martin et al., 1996)
2001 No Child Left Behind Act
In 2001, No Child Left Behind was passed as a reauthorization of ESEA. It provided Title 1 protections and funding as well as created standards for testing that states were required to follow. It then required schools to prove that they are making adequate yearly progress (AYP) in order to receive federal funding. (Martin et al., 1996)
Principles of Special Education
With the rich history of special education law, come the principles which educators and professionals who work with individuals with disabilities should follow. The Council for Exceptional Children provides us with these standards:
challenging expectations
high level of professional integrity and judgment
meaningful inclusive participation
collegiality among service providers
respect for families
data and results-driven practice
physical and psychological safety
zero tolerance for harmful behavior
upholding ethics and legality
advocacy
professional development and improvement of the profession
sharing knowledge
Advocacy in Special Education
Advocacy is such an important part of the role of the special educator. Speaking up for those who cannot speak for themselves is not just important, it is imperative. The role of the special education teacher does not end in the classroom.
Garner the support of your colleagues.
Do not be discouraged by resistance.
Reach out to administrators for support.
Work with the family. Do not blame them.
Most importantly, get to know the student.
The Most Important Thing to Remember:
Love what you do!
References

Martin, E. W., Martin, R., & Terman, D.L. (1996). The legislative and litigation history of special education. Special Education for Students with Disabilities, 6(1), 25-39. Retrieved from http://www.futureofchildren.org/futureofchildren/publications/docs/06_01_01.pdf

Council for Exceptional Children, Special Education Professional Ethical Standards, (2010), Retrieved from: https://www.cec.sped.org/~/media/Files/Standards/Professional%20Ethics%20and%20Practice%20Standards/Ethics%20Translations/CEC_Ethics_English.pdf
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