History and Legislation PDF

History and Legislation Brown v. Board of Education of Topeka, Kansas (1954) ​ Key Ruling:​ The Supreme Court ruled that it was illegal to discriminate arbitrarily against any group of people under the 14th Amendment of the U.S. Constitution (Equal Protection Clause).​ ​ Signific...

History and Legislation Brown v. Board of Education of Topeka, Kansas (1954) ​ Key Ruling:​ The Supreme Court ruled that it was illegal to discriminate arbitrarily against any group of people under the 14th Amendment of the U.S. Constitution (Equal Protection Clause).​ ​ Significance:​ ○​ Set the precedent for future discrimination cases in education. ○​ People with disabilities were recognized as another group whose rights had been violated due to arbitrary discrimination. ○​ Discrimination against children with disabilities occurred because they were denied access to schools. ​ Legal Precedent for Disability Advocacy:​ ○​ Parents of students with disabilities argued that segregation and exclusion violated their children's opportunity for equal education under the 14th Amendment. ○​ If schools could not segregate based on race (as ruled in Brown), they should also not be allowed to segregate or discriminate based on ability or disability. 1960s: The Movement for Special Education ​ Social Climate:​ ○​ A national focus on individual rights, particularly for groups that had been historically discriminated against. ○​ The rights of people with disabilities became an important part of this larger social issue. ​ Parental Advocacy:​ ○​ Parents began to demand better educational opportunities for their children. ○​ Many parents opposed segregated special schools and classes, arguing they were inappropriate for many students with disabilities. ○​ Parents began to take legal action against school districts when their children’s rights were violated. ​ Presidential Leadership:​ ○​ President John F. Kennedy raised public awareness about the challenges faced by individuals with mental and physical disabilities. ○​ As the brother of Rosemary Kennedy, who was born with a cognitive disability, JFK became a champion of education and rights for people with disabilities. ○​ In 1961, JFK initiated the Presidential Panel on Mental Retardation to address these issues. ​ JFK’s Statement:​ ​ “The manner in which our Nation cares for its citizens and conserves its manpower resources is more than an index to its concern for the less fortunate. It is a key to its future. Both wisdom and humanity dictate a deep interest in the physically handicapped, the mentally ill, and the mentally retarded. … That failure should be corrected.”​ ​ ​ Legacy of JFK:​ ○​ After JFK's assassination, Eunice Kennedy Shriver (his sister) continued his advocacy. ○​ In 1968, she founded the Special Olympics, an organization promoting inclusion and athletic achievement for people with intellectual disabilities. ○​ Today, the Special Olympics serves over 2.5 million participants in 180 countries. Early 1970s: Landmark Cases  1.​ Pennsylvania Association of Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1972)​ ○​ Key Rulings: ​ Schools may not exclude students with mental retardation (now referred to as intellectual disabilities). This principle is known as Zero Reject. ​ All students must be provided a Free Appropriate Public Education (FAPE). 2.​ Mills v. Board of Education of District of Columbia (1972)​ ○​ Key Rulings: ​ Schools cannot suspend, expel, or exclude students with disabilities from public schools. ​ Mandated that students with disabilities receive a free and suitable publicly supported education, regardless of the degree of their mental, physical, or emotional disabilities. Public Law (P.L.) 94-142: The Education for All Handicapped Children Act (EHA) (1975) ​ Key Features: ○​ Zero Reject: Ensured all children, regardless of severity of disability, receive a Free Appropriate Public Education (FAPE). ○​ Parent Participation: Schools must involve parents in educational decisions and meetings. ○​ Individualized Education Program (IEP): Mandated an IEP for each student, outlining short- and long-term goals and necessary services. ○​ Least Restrictive Environment (LRE): Students must be educated alongside non-disabled peers to the greatest extent possible. ○​ Nondiscriminatory Testing: Testing must account for the student’s native language and the effects of their disability. ○​ Due Process: Established procedures to protect families during conflicts with school districts. ​ In 1990, the reauthorization of P.L. 94-142 was enacted and the name was changed to IDEA. IDEIA 2004 (Individuals with Disabilities Education Improvement Act) ​ Six Key Principles: 1.​ Free Appropriate Public Education (FAPE): Education must be free and tailored to individual needs. 2.​ Appropriate Evaluation: ​ Students must be evaluated before receiving special education services. ​ Evaluations determine whether the student qualifies as a “child with a disability” under IDEA and identify their educational needs. 3.​ Individualized Education Program (IEP): ​ A written plan developed, reviewed, and revised annually by a team, including educators, parents, the student (when appropriate), and others with expertise. ​ IEPs include goals, services, and accommodations tailored to the student. 4.​ Least Restrictive Environment (LRE): ​ To the maximum extent appropriate, students with disabilities should be educated alongside non-disabled peers. 5.​ Parent and Student Participation: ​ Parents and students (when appropriate) must be actively involved in: ​ Developing, reviewing, and revising the IEP. ​ Making educational placement decisions. ​ Determining what data needs to be collected during evaluations. ​ Transition planning and services, starting at age 14. 6.​ Procedural Safeguards: ​ Protect the rights of students with disabilities and their parents. ​ Ensure parents have access to information and legal protections to participate effectively in the special education process. Additional Resources ​ Videos: ○​ History of IDEA ​ Websites: ○​ IDEA History Overview ​ Books: ○​ Pierangelo, R. & Giuliani, G. (2017). Assessment in Special Education: A Practical Approach (5th ed.). ○​ Giuliani, G. (2012). The Comprehensive Guide to Special Education Law.