Legislation and LitigationAdapted from presentation created by Bob Esposito

A Brief Timeline

Early 1900s Segregated services for individuals with severe

disabilities No services for individuals with mild-moderate

disabilities

1960s President Kennedy passed bill to provide $ for research-

specifically MR and deafness Civil Rights Movement Creation of CEC and ARC Development of parent advisory groups drove changes Idea for LRE emerged Funding to support leadership training in universities

1970sMovement of “normalization”

Push for individuals with severe MR to be seen as normal – idea emerged on west coast

Deinstitutionalization Movement to close all institutions

specifically for those with mental illness and MR

However, institutions still remained into the 80s

Key Litigation Brown vs. Board of Education

(Topeka, Kansas) (1954) rules against “separate but equal” schools Overturned previous legislation for segregation

P.A.R.C.(Penn. Assoc.for Retarded Citizens) vs. Commonwealth of PA (1971) Class action suit FAPE must be made available to individuals

demonstrating need Mills vs. D.C. (1972)

Case determined that lack of funding was not a good enough reason to send special education students to MD and VA

D.C. ruled to provide services

1975 P.L. 94-142 Education for All Handicapped Children Act (EHA) extends Civil

Rights to the Handicapped Included a matching funds provision (feds to match all state

monies) States to provide FAPE by Sept. 1978 Upon signing, President Ford said, “…one piece of legislation

we will never be able to comply with.” Early 1980s

Beginnings of Integration;Resource Rooms;Pull-Out Programs

1990s InclusionPush-In Programs Individuals with Disabilities Education Act (IDEA)

EHA became IDEAAmericans with Disabilities Act (ADA)

Least Restrictive Environment

Most Normal EnvironmentRequires school districts to offer a

continuum of placement optionsMust not assign a child to a more

restrictive placement unless it can be demonstrated that it will result in greater gains than a less restrictive setting.

Due ProcessStudents and parents rights must be

protected at all stages of Sp. Ed.Parents must be notified in advance of a

change in placement or evaluationParents have the right to review school

records and request information be changedParents have right to present complaintsParents have the right to an Impartial Hearing

Mediation is 1st step followed by a due process hearing with an disinterested hearing officer. Ruling can be appealed to a higher court

P.L. 99-457

Passed in 1986 as an amendment to P.L. 94-142

Established a further priority for children with handicaps ages 3 to 5 to be served

Individuals with Disabilities Education Act

(1990)Replaced P.L. 94-142Changed handicap to disabilityAdded Autism & Traumatic Brain

Injury“Person first” terminologyEmphasis on “Transition” to promote

movement from school to workEmphasis on Assistive Technology

I.D.E.A. 1997

Free appropriate public educationNondiscriminatory Evaluation

must be fairly and accurately evaluatedTests must be free of biasTests administered by trained professionals

in a proven and appropriate mannerTests with parental consent

Zero reject & child find requiredPLUS….

A Few More Key ‘97 Changes

IEP Goals & Objectives must relate to the K-12 curriculum

Progress Reporting must be ongoing and on the same frequency as for non-disabled children

A Regular Education Teacher must be a member of the IEP Team

I.D.E.A. 2004

Improvements in regulations implementing & strengthening services for infants, toddlers and their families

Ensure that every child with a disability has available a free appropriate public educationOf high qualityDesigned to meet the high standards

reflected in No Child Left Behind Act of 2001More detailed presentation to follow