| LAWS THAT ADDRESS DISABILITIES and SPECIAL EDUCATION |
PL 94-142 Education of All Handicapped Children Act of 1975 (Ford)
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PL 99-457 Amendments to the Education of the Handicapped Acts, 1986 (Reagan)
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PL 101-336 Americans With Disabilities Act (ADA), 1990 (Bush I)
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| PL 101-476 Individuals With Disabilities Education Act (IDEA), 1990 (Bush I)
PL 102 - 119 Individuals With Disabilities Education Act (IDEA), 1991 (Bush 1)
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| 1800 French physician Jean-Marc Gaspard Itard was hired to care for a "feral child" Victor, or the "Wild Boy of Aveyron." Victor was found wandering in the woods. He was deaf and couldn't speak. Dr. Itard worked with him for 5 years with slow results, but this showed that children with the most severe disabilities are able to learn and progress, albeit sometimes slowly. 1834 The Braille code was first published. Developed by Louis Braille, a French educator who was himself blind. Braille is a tactile system of reading and writing, based on a code of 6 embossed dots. 1864 The National Deaf Mute College was established. This college was 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 Alexander Graham Bell introduced the term "special education." 1898 College level training for teachers of students with mental retardation began. Early 20th century Maria Montessori, the first woman to earn a medical degree in Italy, 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 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 term "mentally retarded" was introduced and the term "gifted" first appeared in professional literature. 1922 The Council for Exceptional Children was founded. 1943 Leo Kanner identified the characteristics of children with autism. 1954 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. 1963 Samuel A. Kirk introduced the term "learning disabilities." 1964 A task force was recommended to establish Head Start in the Economic Opportunity Act. This program was a critical component of a larger national agenda called the War on Poverty. 1965 Project Head Start. Office of Economic Opportunity Act. Established early education programs for 4-year-old children from economically disadvantaged homes. 1968 Handicapped Children's Early Education Assistance Act (HCEEP) or PL 90-538. Improved early intervention services for children with developmental disabilities and their families. 1970 Diana vs. State Board of Education of California. The basis of this case was the testing of children from Mexico, whose native tongue was Spanish. The children were placed in a class for students with mild mental retardation after they had scored low on a standardized IQ test administered in English. The decision was made that standardized testing was to be done in the child's native tongue. |
| 1971 Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania contested a state law that specifically allowed public schools to deny services to children "who have not attained a mental age of five years" at the time they would ordinarily enroll in first grade. Under a consent decree, the state agreed to provide full access to a free public education to children with mental retardation up to age 21. That case also established the standard of appropriateness—that is, that each child be offered an education appropriate to his or her learning capacities—and established a clear preference for the least restrictive placement for each child. 1972 Mills v. Board of Education, seven children between the ages of 8 and 16 with a variety of mental and behavioral disabilities brought suit against the District of Columbia public schools, which had refused to enroll some students and expelled others, solely on the basis of their disability. The school district admitted that an estimated 12,340 children with disabilities within the district's boundaries would not be served during the 1971–72 school year because of budget constraints. The U.S. District Court ruled that school districts were constitutionally prohibited from deciding that they had inadequate resources to serve children with disabilities because the equal protection clause of the Fourteenth Amendment would not allow the burden of insufficient funding to fall more heavily on children with disabilities than on other children. 1972 Head Start Amendments PL 92-424 (Nixon). Head Start originally had an open door policy for all children who met the economic requirement to attend. These amendments mandated that 10% of enrollment be reserved for children with developmental disabilities. In 1974, it was specified to be children with MR, deafness, speech impairments, severe visual impairments, crippling orthopedic impairments, chronic health problems, and learning disabilities. 1973 Section 504 of Rehabilitation Act of 1973 PL 93-112 (Nixon). "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." Federal civil rights law protecting individuals with functional disabilities. Provides protection for some students not eligible for services through IDEA. This kind of funding is for children who are affected by a disorder included in other health impairments, but whose educational performance is not generally affected by the disorder. 1975 PL 94-142 Education of the Handicapped Act (Ford). This act was the basis for all subsequent special education practice. Also called EHA. Considered landmark legislation. Part B established categories of disabilities and mandated special education for children ages 5 -- 21 years old. 1986 PL 99-457 Education of Handicapped Amendments (Reagan). These amendments made provisions for infants and toddlers with developmental delays. Extended Part B to include infants. Established Part H, incentive monies. 1990 Americans With Disabilities Act (ADA) (PL 101-336 (Bush Sr). Public and private sectors, including libraries, state and local government facilities, restaurants, hotels, theatres, transportation systems, and stores should be wheelchair accessible. Also closed captioning and nondiscriminatory hiring practices. 1990 PL 101-476 Individuals With Disabilities Education Act (Bush Sr). Changed EHA to the Individuals with Disabilities Education Act (IDEA). Autism and traumatic brain injury were added to the special education categories. This law followed the people-first terminology. 1994 PL 103-252 Early Head Start (Clinton). Provided services for pregnant women, infants, and toddlers. First program opened in 1995. 1997 Reauthorization of IDEA. PL 105-17. (Clinton). Incentive monies were made available to states serving children below age 5. Provisions were for LRE, FAPE, due process, nondiscriminatory evaluations, zero reject, IEPs. Part C (previously Part H) discretionary legislation -- recommended but not required of states to follow. Infants and toddlers were not to be labeled (by category) but only "developmental delay," and receive an IFSP instead of an IEP. 2001 No Child Left Behind PL 107-110 (signed into law January 2002) (Bush, Jr.). Calls for more standardized testing, "highly qualified" goals for teachers; schools must show progress toward "everyone" being able to pass standardized testing, making no allowances for children with disabilities. 2004 Reauthorization of IDEA PL 108-446 (Bush Jr). Differences between 2004 and 1997 are outlined on a separate page. GO THERE. |
| Timeline for laws and precedents and a couple of other things . . . |
| Related services provided in PL 94-142: transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and auditory services, psychological services, physical and occupational therapy, recreation, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and . . . the early identification and assessment of disabling conditions in children. (wording from the reauthorization of IDEA, PL 108-446, 2004) The difference in terminology: Disorder, Disability, Handicap, Exceptional; etc. Disorder -- a general disturbance in mental, physical, or psychological functioning. Disability -- a more specific term than disorder; results from a loss of physical functioning (e.g., loss of sight, hearing, or mobility) or from difficulty in learning and social adjustment that significantly interferes with typical growth and development. Handicap -- a limitation imposed by demands of the environment and is related to an inability to adapt or adjust to those demands. This word has come to have negative connotations, and literally means "cap in hand"; from a time that people with disabilities had to beg in the streets to survive. Exceptional is a comprehensive term that may be applied to every soul on earth. However, in most educational settings, this term is used in referring to children who are served by special education services. IF YOU MUST LABEL A CHILD (or adult . . . ) ~~The most desirable and best label to use is the individual's given name. ~~If you are describing a child in an informal setting, always use positive descriptors. ~~In a professional setting, use the child's name followed by the child's diagnosed disability (use specifics, not generalities), if it is required. ~~Each child is unique and needs to be looked at individually and not just in terms of his/her disability. (i.e., use abilities) ~~Always be respectful, in all situations. |
| PL 105-17 Individuals With Disabilities Education Act Amendments, 1997 (Clinton)
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| PL 108-446 Individuals With Disabilities Education Improvement Act, 2004 (Bush, Jr.) Purpose – to ensure that all children have a FAPE with special education and related services to meet their unique needs and prepare them for further education, employment, and independent living to the maximum extent possible. Attempt to align IDEA with NCLB Extensive definition of 'highly qualified' special education teachers
Addition of a new category -- where a child has inflicted serious bodily injury on another person, violations involving weapons or drugs -- to the school's ability to place a child with a disability in an interim alternative educational setting. |
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| PL 93 - 112, Rehabilitation Act of 1973 -- Section 504 (Nixon) Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. This law ensures that the child has equal access to educational activities. Section 504 and the American with Disabilities Act (amended September 24, 2008 to the American with Disabilities Act Amendments Act of 2008) (?) (ADAAA) are not educational laws, but civil rights law. A child who has a 504 plan does not have an Individualized Education Plan and there are fewer procedural safeguards in place for parents and child. The deal with a 504 plan is this: if the child has a disability that adversely affects his/her education, then the child will likely to be eligible for educational benefits under IDEA. If the child's disability does NOT affect his/her education, then the child will not be eligible under IDEA, but can receive equal access and protection under Section 504. |
| PL 107-110 2001 No Child Left Behind Act (Bush, Jr.) This act is a reauthorization of the Elementary and Secondary Education Act of 1965 (Johnson, War on Poverty; Title 1 programs of federal aid to disadvantaged children in poor and rural areas) Purpose – All children will have a fair, equal, and significant opportunity to receive a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments. Requirements – Schools must reach proficiency in reading, math, and science by 2014. Annual proficiency tests in grades 3 – 8. Highly qualified teachers in every classroom; research-based instruction; increased parental rights, public school choice; and state, district, and school report cards. Adequate Yearly Progress – each school must set annual goals for student progress and testing of 95% of students. If schools fail to make the grade for 2 consecutive years, they are “in need of improvement” and parents may send their child to another school within the district. After 4 years, school staff may be replaced. After 5 years, staff will be replaced and a private firm will take over the school. This law is mandatory for all schools and states receiving Title 1 federal funds. |