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Brown Vs. Board of Education
-Supreme Court in 1954 legally ended racially separated American Schools.
-1954 Case helped create federal law 1975 IDEA requiring access to FAPE for all children with disabilities -
Elementary and Secondary Education Act
-ESEA 1965 provided federal funding for education.
-Through Title VI 1966 authorization of grants for children with disabilities aimed at supporting equal access to appropriate education to all children -
PL 91-230 Educational Amendments
-ESEA Amendments 1970, including Title VI and EHA.
-Helped establish core grant programs that developed educational programs, such as Part B. -
PARC Vs. Commonwealth of Pennsylvania
-Pennsylvania Association of Retarded Citizens (PARC) vs. Commonwealth of Pennsylvania 1971, later changing their name to The ARC helped legally mandate a federally funded institution cannot deny a student to access FAPE and became the first state to legally support students with a disability.
-PARC helped also establish "zero-reject" and "least restrictive environment" leading to other programs, such as IDEA and the Education for All Handicapped Children Act. -
Mills Vs. Board of Education of District of Columbia
-In 1972 United States District Court of Colombia expanded on the FAPE rights of students with disabilities to include physical, mental and emotional disabilities in addition to intellectual and developmental disabilities.
-Funding costs of services could not determine if a student with a disability could get FAPE (Free Appropriate Public Education). -
Section 504 of the Rehabilitation Act
- In 1973 Section 504 of the Rehabilitation Act prohibits discrimination based on disability in programs or activities that receive federal funding. -Benefits of Section 504 include reasonable accommodations, effective communication (such as hearing, vision, speech impairments) and accessibility (can reach anyone with a disabilities); these protections extend into private businesses, state and local government receiving federal funding.
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PL 93-380 Educational Amendments
-In 1974 Education of Handicapped Act Amendments was included in the Education Amendments Title II gave Equal Educational Opportunities and Transportation.
-PL 93-380 helped establish Family Education Rights and Privacy Act (FERPA) allowing parents and students over 18 years access to their student records. -
Individuals with Disabilities Education Act
-IDEA 1975 was passed by Congress 11/19/75 to give children with disabilities federal education opportunities but officially signed by President Gerald Ford in 11/29/75 (Public Law 94-142) that receive federal funding, allocation of state funding and local funding through agencies of said state.
-IDEA enforced oversight of local school districts, private schools; their compliance by reviewing data, parent complaints, due process hearings and conducting in-person visits. -
Child Find Duty 300.111 (a) (1) (i)
-Texas "Child Find" Duty has an obligation to identify, locate and evaluate children with disabilities.
-Texas Education Code (TEC) outlines the general framework for special education in Texas, including local education agencies (focuses on their jurisdiction), Texas Administrative Code (TAC) Chapter 89 provides detailed regulations and procedures, such as Child Find from birth to 21 years to have access to support needed to exceed. -
Education for All Handicapped Children Act
-EAHCA 1975 now known as Individuals with Disabilities Education Act (IDEA) granted access to free appropriate education (FAPE) and a free meal.
-Mandated all federally funded schools to provide education to children with disabilities and help mandate the IEPs for all students with disabilities in a least restrictive environment. -
Special Education Amendments 1980s
-September published Amendments for FAPE (tailored unique needs), IEPs (individualized education programs outlining each disability), LRE (education mandates alongside non-special education peers to the maximum extent possible), Parent Involvement (evaluation, IEP development, placement decisions for their child), Due process protection (the right to be notified).
-Age extension for special educational services from birth until age 21 years. -
Board of Education Hendrick Hudson Vs. Rowley
-Helped Interpret the Individual with Disability Education Act that considers if student is making progress through the educational system.
-FAPE must be the unique needs and provide a calculated substantial benefit to the student with disability otherwise would not be if special support was not provided. -
Perkins Vocational Education Act
- Carl Perkins Education Act authorizes federal funds to support vocational educational training programs for students with disabilities. -These programs develop more fully academic knowledge and skills of secondary and post secondary education students that implements a vision for CTE (Career and Technical Education Act) preparing students for the workplace.
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Handicapped Children's Protection Act
-In 1986 HCPA PL 99-457 was enacted to cover expenses not addressed in the Education for all Handicapped Children Act, such as legal fees available to parents in pursuit of justice for violations of the EHA, triggered by the 1984 Smith Vs. Robinson Case.
-PL 94-142 of 1975, EHAs start was amended in 1986; Part H requires the participating state to intervene with special services upon diagnosis of a child with a disability from birth until their third birthday. -
Timothy W. Vs. Rochester, New Hampshire S.D.
-Timothy W. Vs. Rochester NHSD was reversed citing violation of Education for All Handicapped Children Act; now IDEA requiring special education services, as a priority for even the most severe disability irrespective to "capable of benefit".
-This case cited violations of: "equal protection" of "14th Amendment"-treat all the same, "due process"-protect private rights thus adopting the "zero-reject" (eligibility) -
Reauthorization and replacement of PL 94-142
-In 1990 IDEA was reauthorized and replaces PL 94-142 (the Education for All Handicapped Children Act of 1975) to support a more dignified language.
-Differences: PL 94-142 Vs. IDEA 1990-
PL Guaranteed FAPE (3-21yrs,) IDEA (Birth-21 and IEPs), PL Sped and related services, IDEA included parents and teachers in IEP process, PL developed IEPs, IDEA ensured LRE and established procedural safeguards to protect rights of students and families; IDEA offers more