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Ch3TheHistoryofLawandChildrenwithDisabilities.pptx

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The Law and Special Education

Fifth Edition

Chapter 3

The History of Law and Children with Disabilities

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Learning Objectives

3.1 Describe the history of excluding students with disabilities from public education.

3.2 Describe the history and effect of parental advocacy in the development of special education.

3.3 Describe how the civil rights movement affects special education.

3.4 Describe the equal opportunity cases.

3.5 Describe the history of federal involvement in special education.

3.6 Describe and explain the meaning of the phrase “from access to accountability” as it pertains to the development of special education laws.

Introduction

In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be made available to all on equal terms.

-Chief Justice Earle Warren, Brown versus Board of Education (1954)

Early History

Compulsory attendance

The exclusion of students with disabilities

Parental advocacy

The White House conference of 1910

Public school programming

The organization of advocacy groups

The Council for Exceptional Children

The National Association for Retarded Citizens (now A R C)

The Association for Persons with Severe Handicaps

The Civil Rights Movement

Brown versus Board of Education (1954)

Parental advocacy in the wake of Brown

“In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be available to all on equal terms.” Chief Justice Earl Warren

The Equal Opportunity Cases

Pennsylvania Association for Retarded Children (P A R C) versus Pennsylvania (1972)

Mills versus District of Columbia Board of Education (1972)

Additional cases (46 cases filed in 28 states)

Federal Involvement (1 of 2)

Federal involvement (1960s-1980s)

The Elementary and Secondary Education Act of 1965

The Education of the Handicapped Act of 1970

Section 504 of the Rehabilitation Act of 1973

The Education Amendments of 1974

The Education for All Handicapped Children Act of 1975

The Handicapped Children’s Protection Act of 1986

The Education of the Handicapped Amendments of 1986

Federal Involvement (2 of 2)

Federal involvement (1980s-2000s)

The Individuals with Disabilities Education Act of 1990

The I D E A Amendments of 1997

The No Child Left Behind Act

The President’s Commission on Excellence in Special Education

The Individuals with Disabilities Education Improvement Act of 2004

The Every Student Succeeds Act of 2015

History of Special Education Law: from Access to Accountability

Access: The early history of special education law spans from the efforts of parents and advocacy groups to ensure that children with disabilities were not excluded from public schools through the early court decisions and legislation

Accountability: Building on these successes, legislation from the 1990s to the 2000s focused on ensuring that students with disabilities received beneficial and meaningful educational programs and required that schools and school districts be accountable for providing quality programming

Evolution of Special Education Law

The Education for All Handicapped Children Act of 1975

The Individuals with Disabilities Education Act of 1990

The Individuals with Disabilities Education Act Amendments of 1997

The I D E A Improvement Act of 2004

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