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Brown v. Board of Education
This was a Supreme Court case that held that a separate education for African American children was not equal. While it was based around racial segregation, this case sparked a nearly 20 year movement for individuals with disabilities to have equal rights. Brown v. Board of Education is also a demonstration of a current educational law, which states that students should be served in their least restrictive environment (Brown v. Board of Education, 347 U.S. 483 (1954); Treimanis, n.d.). -
The Architectural Barriers Act of 1968
This specific law requires buildings that receive federal funding to ensure that physically handicapped people will have easy access and use of such buildings. Public schools are included in this law (42 U.S.C. § 4152). Source of law: Statutory Law -
The Rehabilitation Act of 1973
This law states that no person with a disability shall be excluded from, discriminated against, or denied the benefits of participating in a program or activity that receives federal financial assistance. Some programs include state departments, colleges, universities, places of higher education, and public educational school systems (29 U.S.C. § 794). Source of law: Statutory Law -
The Individuals with Disabilities Education Act of 1975
The purpose of this student focused law is to ensure that children with disabilities have access to a free and appropriate public education (FAPE). The education they receive should be designed to meet their needs and prepare them for future education, employment opportunities, and independent living. Congress passed this law under the premise that disabilities are natural and they do not diminish people's rights to participate in society (20 U.S.C. § 1400). Source of law: Statutory Law -
The 504 Sit-In
The 504 sit-in is considered the longest non-violent occupation of a federal building in United States history. It took place in San Fransisco, and it started because regulations from the 1973 Rehabilitation Act had not been implemented and people with disabilities were being denied their rights. Individuals with disabilities protested for 28 days, and in the end the 504 regulations were signed (Shoot, 2017). -
The Americans with Disabilities Act of 1990
This is a community focused law that prohibits discrimination against individuals with disabilities. It sought to provide equal opportunities in all areas of life. Congress recognized that people with disabilities were being excluded, segregated, and not provided appropriate accommodations/modifications. Additionally, individuals with disabilities were being isolated, bound by restricting policies, and were at an economic disadvantage (42 U.S.C. § 12101).
Source of law: Statutory Law -
Age Ranges for Student Eligibility in Texas
This is a regulation in the Texas Administrative Code, which states that students who have a disability can receive services in a public education setting from the time they are three to 21 years old. Services are terminated when a student receives their high school diploma or turns 21; it depends on which event comes first (19 TAC § 89.1035). Source of law: Administrative Law -
The Americans with Disabilities Amendments Act of 2008
This act was signed to amend the Americans with Disabilities Act of 1990. The act also changed Section 504 of The Rehabilitation Act of 1973. In the amendment, the term "disability" was modified to include a broader coverage, and the time it takes to determine if an individual has a disability should not demand extensive analysis. (ADA Amendments Act of 2008, Pub. L. No. 110-325 § 3406, 122 Stat. 3552 (2008), 42 U.S.C. § 12102; Office for Civil Rights, 2015). Source of law: Statutory Law -
Endrew F. v. Douglas County School District RE-1
In this Supreme Court case, an autistic boy was removed from his public school by his parents and went to a private school. The parents sued the public school, claiming that he was not given an appropriate education under the Individuals with Disabilities Act of 1990. The parents sought reimbursement of their son's private school tuition, but were denied since the court ruled their son had received an appropriate education (Endrew F. v. Douglas County School District RE-1, 137 U.S. 988 (2017)). -
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Current State of Law
There are currently no new laws regarding disability equity in education. However, there have been numerous court cases addressing unfair treatment of individuals with disabilities. The continuation of cases related to disability laws continues to put disability equity in the forefront of people's minds. All of the past laws and events have helped pave the way for disability equity. While a lot of work has been done, the journey is not over as the fight for equity continues.