Legislative History Re: Special Needs Education

  • Council for Exceptional Children

    Council for Exceptional Children
    A national organization that advocates for children who are gifted and/or talented, or who have disabilities.
    http://www.cec.sped.org/
  • United Cerebral Palsy

    United Cerebral Palsy
    Founded by a set of parents whose children had cerebral palsy who called on other parents to join them and advocate for community integration and services. The first group to call for media attention to special needs students. http://ucp.org/
  • The Arc (f/k/a National Association for Retarded Children

    The Arc (f/k/a National Association for Retarded Children
    A national community-based organization advocating for and serving people with intellectual and developmental disabilities and their families.
    http://www.thearc.org/page.aspx?pid=2530
  • Brown v. Board of Education

    Brown v. Board of Education
    The U.S. Supreme Court ruled it was unlawful under the Fourteenth Amendment to discriminate arbitrarily against any group of people. This allowed parents and advocate groups to argue that the public education of children with disabilities was an entitled civil right
  • National Association for Down Syndrome (NADS)

    National Association for Down Syndrome (NADS)
    NADS is the oldest organization in the country serving individuals with Down syndrome and their families. It was founded in Chicago in 1961 by parents who chose to go against medical advice and raised their children with Down syndrome at home. Their pioneering efforts have made it easier for later generations of individuals with Down syndrome to be accepted by their families and communities, to develop their capabilities, and to work towards independence.
    http://www.nads.org/about-us/
  • Elementary and Secondary Education Act of 1965 (ESEA) a/k/a No Child Left Behind Act (NCLB)

    Elementary and Secondary Education Act of 1965 (ESEA) a/k/a No Child Left Behind Act (NCLB)
    This law has the goal of ensuring that all students, including those who live in poverty, have equal access to a high-quality education http://www.socialwelfarehistory.com/programs/education/elementary-and-secondary-education-act-of-1965/
  • Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania

    The Court’s decree laid the foundation for the establishment of the right to an education for all children with disabilities. That case also established the standard that each child must be offered an individualized education and that children should be placed in the least restrictive environment possible. http://www.pilcop.org/pennsylvania-association-for-retarded-citizens-parc-v-commonwealth-of-pennsylvania/
  • Education for All Handicapped Children Act (EHCA)

    The precursor for the Individuals with Disabilities Education Act (IDEA) which categorized the disabilities eligible for special education and related services/resources
  • Board of Education of Hendrick School District v. Rowley (632 F.2d 945)

    The U.S. Supreme Court ruled that although special education services must provide an appropriate education, the law does not require optimum services. The result was that the parents' request for a sign-language interpreter for their daughter was denied because she was achieving at an average level without this support.

    More detailed: http://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm
  • Larry P. v. Wilson Riles (793 F.2d 969

    Northern District of California ruled that IQ tests-because of their racial and cultural bias-cannot be used to determine whether African American students have intellectual disabilities or any other disability.
  • Daniel R. R. v. State Board of Education (874 F.2d 1036)

    It is typically beneficial for students to spend some portion of their day with their peers without disabilities, it is the law that every student be provided with a free and appropriate public education, and when students are not thriving, or are not able to participate or master any skills taught in the general education classroom, it is necessary to look into a more restrictive environment where learning can be centered around their diverse and individual needs
  • Americans with Disabilities Act

    Americans with Disabilities Act
    Passed by Congress in 1990, the Americans with Disabilities Act (ADA) is the nation's first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications. https://www.eeoc.gov/eeoc/history/35th/1990s/ada.html
  • Individuals with Disabilities Education Act (IDEA)

    Individuals with Disabilities Education Act (IDEA)
    Formerly known as EHCA, IDEA is composed of six main elements for educating students with disabilities: Free Appropriate Public Education (FAPE); Least Restrictive Environment (LRE); Individualized Education; Nondiscriminatory Evaluation; Due Process and Zero Reject/Child Find http://www.education.com/reference/article/individuals-disabilities-education-act/
  • Oberti v. Board of Education of Clementon School District (995 F.2D 204)

    This case established inclusion with supplementary aids and services as the presumption because it is “a fundamental value of the right to public education for children with disabilities.”
    If placement outside the classroom is necessary, the school district must then include the child in as many school programs with children who do not have disabilities “to the maximum extent appropriate.”
    http://www.pilcop.org/oberti-v-board-of-education-of-the-borough-of-clementon/
  • Doe v. Withers (20 IDELR 422, 426-427)

    A high school history teacher refused to make the accommodations needed by a student with a learning disability, resulting in a failing grade and athletic ineligibility. The W. Virginia Court ruled that the teacher was personally liable for failing to make a good-faith effort to provide required accommodations and was ordered to pay compensatory and punitive damages to the family
    http://www.wrightslaw.com/law/caselaw/case_Doe_Withers_Complaint.html
  • Schaffer v. Weast (126 S. Ct. 528)

    The U.S. Supreme Court ruled that the burden of proof in any disagreement about a student's individualized education program lies with the party bringing suit. Until this case, it typically had been assumed that a school district had to prove that its position in a lawsuit was correct, even if the district had not filed the lawsuit. http://www.wrightslaw.com/news/05/schaffer.weast.htm
  • Americans with Disabilities Act Amendments (ADAA)

    Americans with Disabilities Act Amendments (ADAA)
    These amendments protect all individuals with disabilities from discrimination, and it requires most employers, whether in the public or private sector, to make reasonable accommodations for them. https://www.eeoc.gov/laws/statutes/adaaa.cfm