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14th Amendment
The 14th Amendment provided citizenship to those who were born or naturalized in the United States. It was no longer acceptable to deny a person of "life, liberty or property, without due process of law," nor could anyone be denied their equal protection of the laws (U.S. Const. amend. XIV). This Amendment was in violation during the Brown v. Board of Education case (Brown v. Board of Education, 1954) giving equal education rights for all. Source of Law: Constitutional Law -
Brown v. Board of Education
In the case, Brown v. Board of Education (1954), the U.S. Supreme Court ruled racial segregation in public schools unconstitutional. The Court ruled that the plaintiffs were being deprived of the laws which were granted by the 14th Amendment. This ruling set the tone for equality for all within education. Source of Law: Judicial Law -
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Civil Rights Movement
The peak of the Civil Rights Movement spanned across two decades during the 1950s and 1960s after the revolutionary court decision, Brown v. Board of Education (1954). In a fight to gain equal rights for African Americans, this revolutionary movement also initiated the movement to promote human rights for all--including the rights of those with disabilities ("Civil Rights Movement," 2009). -
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President John F. Kennedy and President Lyndon B. Johnson: A Shift in Education and Politics
President Kennedy revolutionized human rights by showing interest in changing the public's attitudes toward those with intellectual disabilities ("John F. Kennedy and People with Intellectual Disabilities"). During Johnson's administration, he pushed for his "Great Society" movement, where he believed that no child should go unfed or unschooled. In 1966, Johnson established the President's Committee for People with Intellectual Disabilities, which still exists today ("Lyndon B. Johnson"). -
The American Rehabilitation Act of 1973
The American Rehabilitation Act (1973), now known as IDEA, required school districts to provide a free appropriate public education (FAPE) in the Least Restrictive Environment (LRE) to students who qualified as having a disability regardless of the disability or the degree of the disability. FAPE makes it so schools must provide education to those with disabilities that meet their unique needs ("Protecting Students With Disabilities," 2018). Source of Law: Statutory Law -
The Education for All Handicapped Children Act (EAHCA)
The Education for All Handicapped Children Act (1975) ensured that each child with a disability in every state was given the right to a free and appropriate public education (FAPE). This law assured that children with disabilities received an education unique to their needs and guaranteed the rights of the child and their parents were protected (Rhodes, Geoffrey, Fisher, Olivier, Adelstein, & Patricia, "25 Year History of the IDEA", 2007). Source of Law: Statutory Law -
Roncker v. Walter
Roncker v. Walter (1983) shed light on the Least Restrictive Environment (LRE) and determined that districts placing students in predetermined schools dependent on their disability versus the student's IEP were violating federal laws. As a result of this case, the court developed a test to assist in the proper placement for a child with a disability (Douvanis, Hulsey, & David, "The Least Restrictive Environment Mandate: How Has It Been Defined by the Courts?", 2002). Source of Law: Judicial Law -
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The Individuals with Disabilities Education Act (IDEA)
The Education for All Handicapped Children Act (1975) was renamed as the Individuals with Disabilities Education Act (Individuals with Disabilities Education Act of 1990, 2004). In 1997 and 2004, IDEA had amendments like the definition and age range of disabled children and 3-year IEP trials. Today, most children with disabilities are served in regular classes, and early intervention services are provided to infants and toddlers more than ever ("About IDEA"). Source of Law: Statutory Law -
No Child Left Behind Act (NCLB)
No Child Left Behind (No Child Left Behind, 2002, repealed 2015), was signed by President George W. Bush in 2001. NCLB aligned with IDEA and gave incentives to schools, showing progress for students with disabilities. With this law, schools were held accountable, and the scores of students with IEPs and 504s were counted. Although NCLB was debated, the law pushed schools to further meet the individual needs of their special needs students (20 U.S.C. § 6319). Source of Law: Statutory Law -
Endrew F. v. Douglas County School District
Endrew F. v. Douglas County School District (2017) determined that in order to provide children with a FAPE guaranteed by IDEA, school districts must formulate an IEP that is realistic and ensures progress is suitable to the disability. This case represents the current state of IDEA in that the student is not only receiving a FAPE in the LRE, but the IEP must also be geared toward the student making realistic progress ("Endrew F. v. Douglas County School District"). Source of Law: Judicial Law
