History of Special Education Law

By krausej
  • First Compulsory Education Law of U.S. Enacted

    First Compulsory Education Law of U.S. Enacted
    The first state to pass a compulsory attendance law is Massachusetts in 1852. The law included mandatory attendance for children between the ages of eight and fourteen for at least three months out of each year, of these twelve weeks at least six had to be consecutive.
  • Second Compulsory Education Law Passed

    Second Compulsory Education Law Passed
    The second state to pass a compulsory attendance law for school-aged children is Vermont.
  • Watson v. City of Cambridge

    Watson v. City of Cambridge
    Massachusetts Supreme Judicial Court ruled that children "weak in mind" could not benefit from instruction, were troublesome to others, and were unable to physically take care of themselves, and therefore could be expelled from public school (Yell, 2016).
  • Beattie v. Board of Education

    Beattie v. Board of Education
    The Wisconsin Supreme Court ruled that school officials could exclude a student with disabilities, even though that student had attended public school until the fifth grade. The student's condition caused drooling, facial contortions, and speech problems. The plaintiff claimed that the student nauseated others, required too much teacher time, and created a negative environment (Yell, 2016 p. 36).
  • Compulsory Attendance Laws in All States

    Compulsory Attendance Laws in All States
    Compulsory education laws were passed in all states by 1918. Even though these laws required children to attend school, those with disabilities were frequently excluded from public schools.
  • Cuyahoga County Court of Appeals

    Cuyahoga County Court of Appeals
    In Ohio, the court of appeals ruled that the compulsory attendance law gave the state authority to exclude certain students (those with disabilities). This contradiction was frequently present in court cases of the time. The court recognized the contraction and did not resolve the conflict. (Yell, 2016, p. 36)
  • Brown v. Board of Education

    Brown v. Board of Education
    This was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. This civil rights case motivated others to seek rights for students with disabilities.
  • Department of Public Welfare v. Haas

    Department of Public Welfare v. Haas
    This Illinois Supreme Court case found that the state's existing compulsory attendance law did not require the state to provide a free public education for the "feeble minded" or to children who were "mentally deficient" (Yell, 2016, p. 36)
  • Civil Rights Act of 1964

    Civil Rights Act of 1964
    Title IV of the Civil Rights Act of 1964 prohibits discrimination in public schools because of race, color, religion, sex, or national origin. Public schools include elementary schools, secondary schools and public colleges and universities.
    (http://civilrights.findlaw.com/civil-rights-overview/civil-rights-in-education-law-and-history.html)
  • Elementary and Secondary Education Act (ESEA)

    Elementary and Secondary Education Act (ESEA)
    Signed into law by Lyndon B. Johnson as part of the “War on Poverty.” ESEA not only called for equal access to education for all students, but also federal funding for both primary and secondary education for students disadvantaged by poverty. (https://educationonline.ku.edu/community/idea-infographic)
  • State of North Carolina Ruling

    State of North Carolina Ruling
    North Carolina made it illegal for parents to persist in forcing the attendance of a child with disabilities after the child's exclusion from public school (Yell, 2016, p. 36).
  • Swann v. Charlotte-Mecklenburg Board of Education

    Swann v. Charlotte-Mecklenburg Board of Education
    A landmark United States Supreme Court case dealing with the busing of students to promote integration in public schools.
  • Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania

    Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania
    This court case involved the exclusion of children with mental retardation from public schools. Because of this case, educational placement decisions must include parental participation and a means to resolve disputes.
  • Mills v. Board of Education of District of Columbia

    Mills v. Board of Education of District of Columbia
    This court case focused on the discipline practices relating to children with disabilities from the public schools of the District of Columbia. Specifically, this case addressed the suspension, expulsion, and exclusion of children with disabilities from these schools.
  • Congressional Investigation of 1972

    Congressional Investigation of 1972
    After the PARC and Mills ruling, Congress set out to uncover how many children with special education needs were being underserved. The Bureau of Education for the Handicapped found that there were 8 million children requiring special education services. Of this total, 3.9 million students adequately had their educational needs met, 2.5 million were receiving a substandard education and 1.75 million weren’t in school. (https://educationonline.ku.edu/community/idea-infographic)
  • Title IX of the Education Amendments of 1972

    Prohibits discrimination based upon gender.
  • Section 504 of the Rehabilitation Act of 1973

    Section 504 of the Rehabilitation Act of 1973
    A federal law that protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education. Provides: "No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...."
  • Family Educational Rights and Privacy Act of 1974

    Governs the access of educational information and records.
  • Equal Educational Opportunities Act of 1974

    Prohibits discrimination against faculty, staff, and students, including racial segregation of students, and requires school districts to take action to overcome barriers to students' equal participation.
  • Age Discrimination Act of 1975

    Prohibits age discrimination.
  • The Education of All Handicapped Children Act (EAHCA)

    The Education of All Handicapped Children Act (EAHCA)
    This act (PL 94-142) required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate handicapped children and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students.
  • All Handicapped Children Act Amendment

    Public Law 99-457 was an amendment to the All Handicapped Children Act, which mandated that individual states provide services to families of children born with disabilities from the time they are born. Previously, these services were not available until a child reached the age of three. (https://educationonline.ku.edu/community/idea-infographic)
  • Protection of Pupil Rights Amendment

    A law intended to protect the rights of pupils and the parents of pupils in programs funded by the United States Department of Education.
  • Department of Education Organization Act

    Congress established the United States Department of Education (ED) with the Department of Education Organization Act.
  • Equal Access Act

    A law passed in 1984 to compel federally funded secondary schools to provide equal access to extracurricular clubs.
  • Handicapped Children’s Protection Act

    Handicapped Children’s Protection Act
    President Reagan signed this law that gave parents of children with disabilities more say in the development of their child’s Individual Education Plan, or IEP. (https://educationonline.ku.edu/community/idea-infographic)
  • Changes to Education for All Handicapped Children Act

    Public Law 101-476 called for significant changes to Public Law 94-142, or the Education for All Handicapped Children Act. Traumatic brain injury and autism were added as new disability categories. Additionally, Congress mandated that as a part of a student’s IEP, an individual transition plan, or ITP, must be developed to help the student transition to post-secondary life. (https://educationonline.ku.edu/community/idea-infographic)
  • Americans with Disabilities Act of 1990

    Americans with Disabilities Act of 1990
    This civil rights law protects against discrimination based on disability. It is similar to the Civil Rights Act of 1964 making discrimination based on race, religion, sex, national origin, and other characteristics illegal. The ADA also requires employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
  • Individuals with Disabilities Education Act (IDEA)

    Individuals with Disabilities Education Act (IDEA)
    Previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. The goal of IDEA is to provide children with disabilities the same opportunity for education as those students who do not have a disability. This law ensures students with a disability are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs.
  • Improving America's Schools Act of 1994

    This law, signed by President Clinton, reauthorized the Elementary and Secondary Education Act of 1965. It included provisions or reforms for:
    -The Title 1 program
    -Charter schools
    -Safe and Drug-free schools
    -Eisenhower Professional Development
    -Major increases in bilingual and immigrant education funding
    -Impact aid
    -Education technology and other programs.
  • IDEA Reauthorization of 1997

    IDEA Reauthorization of 1997
    President Clinton reauthorized IDEA with several key amendments that emphasized providing all students with access to the same curriculum, additionally, states were given the authority to expand the “developmental delay” definition from birth through five years of age to also include students between the ages of six and nine.
  • No Child Left Behind Act

    Reauthorized the Elementary and Secondary Education Act. Included Title I provisions applying to disadvantaged students. It supported standards-based education. Required states to develop assessments in basic skills. To receive federal school funding, states had to give these assessments to all students at select grade levels.
  • IDEA Reauthorization of 2004

    IDEA Reauthorization of 2004
    Amended IDEA by calling for early intervention for students, greater accountability and improved educational outcomes, and raised the standards for teachers of special education classes. It also required states to demand that local school districts shift up to 15 percent of their special education funds toward general education if it were determined that a disproportionate number of students from minority groups were placed in special education for reasons other than disability.
  • Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004)

    Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004)
    The latest revision of IDEA became effective in October 2006.
  • Every Student Succeeds Act

    Governs the United States K–12 public education policy. Replaced No Child Left Behind Act, and modified provisions relating to the periodic standardized tests given to students. Like the NCLB Act, ESSA is a reauthorization of the 1965 Elementary and Secondary Education Act, which established the American federal government's expanded role in funding public education.