SPECIAL EDUCATION LAWS AND DECISIONS

ECED 2060

BRAILLE CODE – 1834 The Braille

code was developed by French educator, Louis Braille, who was himself blind.

Braille is a tactile system of reading and writing, based on a code of 6 embossed dots.

GALLAUDET UNIVERSITY -- 1864

The National Deaf Mute College was established, later renamed Gallaudet University, after Thomas Gallaudet, who, in the early 1800s, taught children with hearing impairments to communicate via a system of manual signs and symbols.

1884 – “SPECIAL EDUCATION” This term was introduced to the public in general by Alexander Graham Bell.

1898 College level training for teachers of children with mental retardation started.

MARIA MONTESSORI In the early 20th

century, Montessori, an Italian medical doctor, established schools for children who lived in the poorest sections of Rome.

Her classroom experiences were designed to meet individual needs of the students.

1905 – IQ TESTING

Alfred Binet and Theodore Simon published their intelligence test -- the first IQ test. Binet, a French psychologist, was asked to create a method of identifying children who needed special education services. His colleague, Simon, helped Binet determine mental age.

1910 The term “emotional disturbance” began to be used.

1920 The terms “mental retardation” and “gifted” first appeared in professional literature.

1922 (HARDING)

The Council for Exceptional Children was founded.

1943 Leo Kanner identified the characteristics of children with autism.

1954 – BROWN V. BOARD OF EDUCATION OF TOPEKA, KANSAS

Brown vs. the Board of Education of Topeka, Kansas. Modern civil rights movement. This case decided that segregated schools violated the 14th Amendment to the Constitution. Even though this case involved race and not disability, the implication was inclusion of all children. Court decision was that education is a right that must be available to all on equal terms.

Supreme Court

1963 (KENNEDY)

Samuel A. Kirk introduced the term “learning disabilities.”

1965 – HEAD START (JOHNSON)

Project Head Start -- Office of Economic Opportunity Act.

Established early education programs for 4-year-old children from economically disadvantaged homes.

This program was a critical component of a larger national agenda called the War on Poverty.

1968 – PL 90 – 538 (JOHNSON)

Handicapped Children's Early Education Assistance Act (HCEEP)

Addressed services for very young children with developmental disabilities and their families.

1970 DIANA V. CALIFORNIA STATE BOARD OF EDUCATION

Case involved the assessment, in English, of 9 children whose native tongue was Spanish.

Assessment testing must be done in the child’s native language.

Settled out of court

1971 PARC V. COMMONWEALTH OF PENNSYLVANIA

Pennsylvania Association for Retarded Children

Class action suit brought by several parents of children with mental retardation who were denied a free public education.

US District Court

1972 MILLS V. BOARD OF EDUCATION OF DISTRICT OF COLUMBIA

Seven school-age children were denied education because of mental retardation, emotional disturbances, hyperactivity, or behavior issues.

Supreme Court

1972 – PL 92-424 HEAD START AMENDMENTS (NIXON)

Originally, Head Start had an open door policy for children who met the economic requirement.

These amendments mandated that 10% of enrollment was to be reserved for children with disabilities.

1973 PL 93 – 112 (SECTION 504) (NIXON)

Section 504 of the Rehabilitation Act of 1973

“No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to, discrimination under any program or activity which receives or benefits from federal financial assistance.”

1975 PL 94-142 (FORD)

Education for All Handicapped Children Act (EHA)

Landmark legislation Free, appropriate public

education for children ages 3 – 21.

Individualized Education Program (IEP)

Least restrictive environment

11 categories only so far …

Ford originally vetoed this.

1986 PL 99-457 (REAGAN)

EHA Amendments Extended law to

infant/toddler programs

Part B – 3 to 5 year olds (preschoolers)

Part H – incentive monies to states that have early intervention programs (infants and toddlers)

1990 PL 101-336 (BUSH, SR.)

Americans with Disabilities Act (ADA)

National mandate to end discrimination against individuals with disabilities in private sector employment; public accommodations, including libraries, state and local government facilities, restaurants, hotels, theaters, stores, transportation; telecommunications; hiring practices.

1990 PL 101-476 (BUSH SR.)

Individuals with Disabilities Education Act (renamed EHA)

Person-first terminology; “handicap” became “disability”

Added 2 categories – Autism and Traumatic Brain Injury

1994 PL 103-252 (CLINTON)

Reauthorization of Head Start

Early Head Start for children birth to 4 and pregnant mothers

1997 PL 105-17 (CLINTON)

Reauthorization of IDEA and amendments

ADD and ADHD in Other Health Impairments

“Developmentally Delayed”

Child Find refined

2002 PL 107-110 (BUSH JR.)

No Child Left Behind

Called for more standardized testing

Highly qualified teachers

All children will achieve, at a minimum, proficiency on standardized tests.

2004 PL 108-446 (BUSH JR.) Individuals with

Disabilities Education Improvement Act (reauthorization of IDEA)

Attempt to align with NCLB

Highly qualified special education teachers

Added homeless children and highly mobile children

Provided for “alternate interim educational setting”