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In 1954, the Supreme Court was brought a case in which it was argued that separating students based on their race violated the 14th Amendment right. The ruling found the argument valid, thereby marking the end of student segregation. Brown v Board set an example that excluding/denying students with disabilities is also unconstitutional.
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PARC v. Commonwealth of Pennsylvania addressed the right to education for children with disabilities. It was ruled that all children with disabilities had a right to a free public education. Along with establishing parental rights. It was the state's job to find the best environment for the student with a disability.
“The Right to Education.” Disability Justice, 1 June 2023, disabilityjustice.org/right-to-education/. -
Mills v. Board argued that no child should be denied education due to financial imbalances. The ruling ordered the Board of Education liable for the education of students with disabilities, regardless of funding, or disability.
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Section 504 is a federal law designed to protect students with disabilities from discrimination in environments that receive federal funding. Section 504 has a broader range in which a student can qualify, compared to IDEA. The requirements include a student having a physical or mental impairment that substantially limits one or more major life activities, and/or having a record of said impairment.
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The Education of All Handicapped Children essentially birthed a bill of rights for students with disabilities. It stated that they have a right to a free appropriate public education in the least restrictive environments, otherwise known as FAPE and LRE. This public law is highly thought of as the legislative backbone of special education. Other key components include procedural due process, nondiscriminatory assessment, and parental participation.
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The ADA is a federal law that prohibits discrimination against those with disabilities in day-to-day life. There are five sections that ADA can be divided into. Section two (Title II) applies to all state and government services/programs/activities. The requirements for a person to qualify for ADA are the same as Section 504.
(Reference #7 and #8) -
The Education for All Handicapped Act was amended again and renamed the Individuals with Disabilities Education Act (IDEA). This reauthorization added autism and traumatic brain injuries as disability categories. Additionally, adding individualized transition plans by age 16. -
The 1997 reauthorization of IDEA had the goal of improving the lives of children with disabilities and their families. It provided a process for families to mediate disputes with schools and local education agencies. Along with emphasizing the access to general curriculum for students with disabilities.
“A History of the Individuals with Disabilities Education Act.” Individuals with Disabilities Education Act, 16 Feb. 2024, sites.ed.gov/idea/IDEA-History#1980s-90s. -
This reauthorization aligned IDEA with the No Child Left Behind Act requirements. Early interventions were placed for children not identified with disabilities but needing academic and/or behavioral support. This helped place accountability and improve educational outcomes. -
The reauthorization of ESSA ensured students with disabilities had access to a proper education. This included accommodations on assessments, and educators had the opportunity to utilize universal design for learning.