Sped timeline

A Timeline of Special
Education Law
• Elicena Rios
• TAMUK
• Federal and State Regulations
(EDSE4357_600_202120)
• Dr. P. Huskin

Timeline
1817 to 1896
1817
American School for Deaf
1848
Perkins Institute for the
Blind
1876
AAIDD (American Association
on Intellectual &
Developmental Disabilities)
1896
Plessy v Ferguson

Timeline
1922 to 1990
1922: Council for
Exceptional
Children
1933: Cuyahoga
Council for
Retarded Children
1950: National
Association for
Retarted Children
1954: Brown v
Board of Education
Topeka
1961: Panel of
Mental Retardation
1964: Civil Rights
Movement
1965: Elementary
and Secondary
Education Act
1972: Baker Act
1972: PARC v
Commonwealth of
Pennsylvania
1972: Mills v Board
of Education of the
D.C.
1973: Section 504
of the
Rehabilitation Act
1974: FERPA
1975: Education
for All Handicapped
Children Act
1982: Hendrick
Hudson v Rowley
1986: EAHCA
Amended
1987: McKinney
Vento Act
1989: Timothy W v
Rochester School
District
1990: ADA 1990: IDEA

Timeline
2001 to 2015
2001
No Child Left Behind
2004
IDEA Improvement Act
1876
Rosa’s Law
2015
Every Student
Succeeds Act

1817
American School for the Deaf
• American School for the Deaf was the first
permanent school for the deaf in the United States and
a nationally renowned leader in providing
comprehensive educational programs and services for
deaf and hard-of-hearing students.
• Founders: Thomas Hopkins Gallaudet, Dr. Mason
Fitch Cogswell [1]

Perkins became the first school chartered for students
who are blind. In its’ first century, the Institution would
help advocate for other schools around the country,
create a new system for printing and reading embossed
text, publish and distribute books in this text, and
become the leader in blind and deafblind education.
Dr. John Dix Fisher chartered the first school for the blind
in the United States. [2]
1829
Perkins Institute for the Blind
John Dix Fisher- 1840

1876
AAIDD
(American Association on Intellectual &
Developmental Disabilities)
• The American Association on Intellectual and Developmental Disabilities
(formerly AAMR) was founded in 1876 by Edouard Seguin, M.D. It is the
world's oldest, trans-disciplinary, professional organization devoted to
intellectual disability (ID, formerly mental retardation).
• Headquartered in Washington, DC, the AAIDD has many purposes:
• researching intellectual disabilities;
• increasing social awareness;
• promoting progressive governmental policy;
• supporting families;
• developing rehabilitative strategies for persons with intellectual and
developmental disabilities.
[3]

1896
Plessy v Ferguson
• Case in 1896 U.S. Supreme Court decision that upheld the
constitutionality of racial segregation under the “separate but
equal” doctrine.
• The case stemmed from an 1892 incident in which African
American train passenger Homer Plessy refused to sit in a
car for Black people.
• Rejecting Plessy’s argument that his constitutional rights were
violated, the Supreme Court ruled that a law that “implies
merely a legal distinction” between white people and Black
people was not unconstitutional.
• On May 18, 1896, the Supreme Court delivered its verdict
in Plessy v. Ferguson. In declaring separate-but-equal
facilities constitutional on intrastate railroads, the Court ruled
that the protections of 14th Amendment applied only to
political and civil rights (like voting and jury service), not
“social rights” (sitting in the railroad car of your choice). [4]

1922
Council for Exceptional
Children
• Was organized by a group of educators attending the summer session at
Teachers College, Columbia University, and their faculty members on
August 10, 1922.
• The Council began with 12 members. Elizabeth E. Farrell was the Founder
and first President from 1922-1926.
• The Council for Exceptional Children (CEC) is the largest international
professional organization dedicated to improving the educational success
of children and youth with disabilities and/or gifts and talents.
CEC's Mission Statement
The Council for Exceptional Children (CEC) is a professional association of
educators dedicated to advancing the success of children with
exceptionalities. We accomplish our mission through advocacy, standards,
and professional development.
[5]

1933
Cuyahoga Council for Retarded
Children
• The Cuyahoga County Ohio Council for the Retarded Children
was the first parent advocate group.
• The group started when five mothers of children with
intellectual disabilities joined to protest their children being
excluded from school.
• Following the creation of this group, similar ones were
created throughout the US
[6] Cuyahoga County Ohio Council
for the Retarded Child, 1933

1950
National Association for Retarded
Children
• Through the decades, The Arc has advocated for the
passage of state and federal legislation on behalf of people
with disabilities and established a broad network of state
and local chapters that range from small voluntary groups
to large, professional organizations.
• In 1950, little was known about intellectual disability (then
referred to as ‘mental retardation’) and developmental
disability, or its causes. There were virtually no programs
and activities to assist in the development and care of
people with I/DD or to support families.
[7] Name History
1953 – 1973: National Association for Retarded Children (NARC)
1973 – 1981: National Association for Retarded Citizens (NARC)
1981 – 1992: Association for Retarded Citizens of the United States
(ARC)
1992 – Present: The Arc of the United States (The Arc)

1954
Brown v Board of Education of
Topeka
• Brown v. Board of Education of Topeka was a landmark
1954 Supreme Court case in which the justices ruled
unanimously that racial segregation of children in public
schools was unconstitutional. Brown v. Board of
Education was one of the cornerstones of the civil rights
movement and helped establish the precedent that
“separate-but-equal” education and other services were not,
in fact, equal at all. [8]

1961
Panel of Mental Retardation
• The President's Panel on Mental Retardation was appointed by
President Kennedy on October 17, 1961, with the mandate to
prepare a "National Plan to Combat Mental Retardation." On
October 16, 1962, the Panel presented in its report to the
President* recommendations concerning research and
manpower, treatment and care, education and preparation for
employment, legal protection and development of federal, state
and local programs. [9]

1964
Civil Rights Movement
• The civil rights movement was a struggle for social justice that
took place mainly during the 1950s and 1960s for Black
Americans to gain equal rights under the law in the United
States. The Civil War had officially abolished slavery, but it didn’t
end discrimination against Black people—they continued to
endure the devastating effects of racism, especially in the South.
By the mid-20th century, Black Americans had had more than
enough of prejudice and violence against them. They, along with
many white Americans, mobilized and began an unprecedented
fight for equality that spanned two decades. [10]

1965
Elementary and Secondary
Education Act
• The Elementary and Secondary Education Act (ESEA) was a cornerstone
of President Lyndon B. Johnson’s “War on Poverty” (McLaughlin, 1975).
• This law brought education into the forefront of the national assault on
poverty and represented a landmark commitment to equal access to
quality education (Jeffrey, 1978).
• ESEA is an extensive statute that funds primary and secondary education,
emphasizing high standards and accountability.
• As mandated in the act, funds are authorized for professional
development, instructional materials, resources to support educational
programs, and the promotion of parental involvement.
• The act was signed into law on April 9, 1965 and its appropriations were
to be carried out for five fiscal years.
• The government has reauthorized the act every five years since its
enactment.
• During these reauthorizations, a variety of revisions and amendments
have been introduced.
• The various subdivisions of the ESEA are designated as titles, followed by
a Roman numeral designation. [11]

1972
Baker Act
• The Baker Act is a Florida law that enables families and loved ones to
provide emergency mental health services and temporary detention for
people who are impaired because of their mental illness, and who are unable
to determine their needs for treatment.
• The Act was named after Maxine Baker, former Miami State representative
who sponsored the Act in 1972.
• People who require the use of the Baker Act have often lost the power of
self-control, and they are likely to inflict harm to themselves or others.
• It is important that the Baker Act only be used in situations where the
person has a mental illness and meets all the remaining criteria for voluntary or
involuntary admission.
• It does not substitute for any other law that may permit the provision of
medical or substance abuse care to persons who lack the capacity to request
such care.
[12]

1972
PARC v Commonwealth of
Pennsylvania
• Pennsylvania Association for Retarded Children (PARC) v.
Commonwealth of Pennsylvania, the first right-to-education suit
in the country, to overturn that Pennsylvania law and secure a
quality education for all children.
• The case quickly settled before the U.S. District Court for the
Eastern District of Pa., resulting in a consent decree in which the
state agreed to provide a free public education for children with
mental retardation.
• That decree and many of the procedural protections in it
became the basis for the Education for All Handicapped Children
Act (PL 94-142) enacted in 1975.
[13]
[14]

1972
Mills v Board of Education of
the D.C.
• One of two important federal trial court rulings that helped to lay the foundation
that eventually led to the passage of Section 504 of the Rehabilitation Act of 1973
and the Education for All Handicapped Children Act (EAHCA), now the Individuals
with Disabilities Education Act (IDEA), laws that changed the face of American
education.
• Prior to 1975 and the enactment of these laws, many schools did not offer special
education for students with disabilities.
• Mills was a class action suit that was brought on behalf of seven children and
other similarly situated students who resided in the District of Columbia.
• The students in the plaintiff class had been identified as having behavioral
problems or being mentally retarded, emotionally disturbed, and/or hyperactive.
• All the students had been excluded from school or denied educational services
that would have addressed the needs that arose from their identified disabilities.
• The parents and guardians of the students successfully filed suit, arguing that the
failure of the school board in the District of Columbia to provide them with a
public-school education constituted a denial of their right to an education.
• [15]

1973
Section 504 of the
Rehabilitation Act
• Was the first disability civil rights law to be enacted in
the United States. It prohibits discrimination against
people with disabilities in programs that receive federal
financial assistance and set the stage for enactment of
the Americans with Disabilities Act.
• Section 504 works together with the ADA and IDEA to
protect children and adults with disabilities from
exclusion, and unequal treatment in schools, jobs and
the community
[16] TITLE 34 EDUCATION
SUBTITLE B REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION
CHAPTER I -- OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html

1974
FERPA
• The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR
Part 99) is a Federal law that protects the privacy of student education records.
• The law applies to all schools that receive funds under an applicable program of
the U.S. Department of Education.
• Schools may disclose, without consent, "directory" information such as a
student's name, address, telephone number, date and place of birth, honors and
awards, and dates of attendance. However, schools must tell parents and eligible
students about directory information and allow parents and eligible students a
reasonable amount of time to request that the school not disclose directory
information about them.
• Schools must notify parents and eligible students annually of their rights under
FERPA.
• The actual means of notification (special letter, inclusion in a PTA bulletin,
student handbook, or newspaper article) is left to the discretion of each school.
[17]

1975
Education For all Handicapped
Children Act
• Congress enacted the Education for All Handicapped Children Act (Public Law 94-
142), in 1975, to support states and localities in protecting the rights of, meeting
the individual needs of, and improving the results for Hector and other infants,
toddlers, children, and youth with disabilities and their families.
Four Purposes of PL 94-142
• "to assure that all children with disabilities have available to them…a free
appropriate public education which emphasizes special education and related
services designed to meet their unique needs"
• "to assure that the rights of children with disabilities and their parents…are
protected"
• "to assist States and localities to provide for the education of all children with
disabilities"
• "to assess and assure the effectiveness of efforts to educate all children with
disabilities“
[18]

1982
Hendrick Hudson v Rowley
• Legal case in which the U.S. Supreme Court on June 28, 1982, held
(6–3) that the Education of the Handicapped Act of 1974 (EHA;
renamed the Individuals with Disabilities Education Act [IDEA] in 1990),
as amended by the Education for All Handicapped
• Children Act of 1975, did not require that the special instruction and
supportive services provided under the law by state governments to
disabled students be designed to help them achieve their full potential
as learners.
• Instead, it was sufficient that the instruction and services be such as
“to permit the child to benefit educationally from that instruction.
• ” The ruling marked the first time that the court had interpreted any
portion of the EHA.
[19]

1987
McKinney Vento Act
• Subtitle VII-B of The McKinney-
Vento Homeless Assistance Act
authorizes the federal Education
for Homeless Children and Youth
(EHCY) Program and is the primary
piece of federal legislation related
to the education of children and
youth experiencing
homelessness.
[20]

1989
Timothy W v Rochester
School District
• Case in which the U.S. First Circuit Court of Appeals on May 24, 1989,
ruled that, under the Education for All Handicapped Children Act (EAHCA;
now the Individuals with Disabilities Act [IDEA]), school boards were
required to provide special-education services to any disabled student
regardless of the severity of his or her disabilities.
• Timothy W., was a multiply handicapped and profoundly intellectually
disabled child with complex developmental disabilities, spastic
quadriplegia, cerebral palsy, and cortical blindness. (Because he was a minor,
Timothy’s last name was not provided in court documents.)
• In 1980, when Timothy was four years old, the school board in
Rochester, New Hampshire, convened a meeting to determine whether he
qualified as “educationally handicapped” under the EAHCA and the
corresponding state statutes, which would have entitled him to special
education and related services. [21]

1990
ADA
• The Americans with Disabilities Act (ADA) was signed into law on
July 26, 1990, by President George H.W. Bush.
• The ADA is one of America's most comprehensive pieces of civil
rights legislation that prohibits discrimination and guarantees that
people with disabilities have the same opportunities as everyone
else to participate in the mainstream of American life -- to enjoy
employment opportunities, to purchase goods and services, and to
participate in State and local government programs and services.
• Modeled after the Civil Rights Act of 1964, which prohibits
discrimination based on race, color, religion, sex, or national origin –
and Section 504 of the Rehabilitation Act of 1973 -- the ADA is an
"equal opportunity" law for people with disabilities.
• To be protected by the ADA, one must have a disability, which is
defined by the ADA as a physical or mental impairment that
substantially limits one or more major life activities, a person who
has a history or record of such an impairment, or a person who is
perceived by others as having such an impairment.
• The ADA does not specifically name all the impairments that are
covered. [22]

1990
IDEA
• The Individuals with
Disabilities Education Act (IDEA)
is a law that makes available a
free appropriate public
education to eligible children
with disabilities throughout the
nation and ensures special
education and related services to
those children.
• The IDEA governs how states
and public agencies provide early
intervention, special education,
and related services to more
than 7.5 million (as of school
year 2018-19) eligible infants,
toddlers, children, and youth
with disabilities.
[25]
[24]

2001
No Child Left Behind Act
• On January 8, 2002, President George W.
Bush signed into law the No Child Left
Behind Act of 2001 (NCLB).
• This new law represents his education
reform plan and contains the most
sweeping changes to the Elementary and
Secondary Education Act since it was
enacted in 1965.
• It changes the federal role in education by
asking America’s schools to describe their
success in terms of what each student
accomplishes. [26]

2004
IDEA Improvement Act
The Individuals with Disabilities Education Improvement Act
Public Law 108- 446: IDEA 2004
• President Bush signed the Individuals with Disabilities Education
Improvement Act (Public Law 108- 446: IDEA 2004) on December
3, 2004.
• This law promotes accountability for results, enhances parent
involvement, uses proven practices and materials, provides more
flexibility, and reduces paperwork burdens for teachers, states and
local school districts.
• Many sections of the new law took effect on July 1, 2005.
• The regulations took effect on October 13, 2006.
• The law is organized into four parts: Part A: Administration; Part B:
school age and preschool programs for children with disabilities;
Part C: birth to 3 years –infants and toddlers; and Part D: national
studies, technical assistance investments, personnel preparation
investments, and research investments. [27]

2010
Rosa’s Law
Statute: Rosa's Law amended the
Rehabilitation Act by substituting “intellectual
disability” for “mental retardation” in section
7(21)(A)(iii) (29 U.S.C. 705(21)(A)(iii));
substituting “intellectual disabilities” for
“mental retardation” in section
204(b)(2)(C)(vi) (29 U.S.C. 764(b)(2)(C)(vi));
and substituting “President's Disability
Employment Partnership Board and the
President's Committee for People with
Intellectual Disabilities” for “President's
Committees on Employment of People With
Disabilities and on Mental Retardation” in
section 501(a) (29 U.S.C. 791(a)).
[28]
Term
Section within
title 34, CFR
“handicapped person” § 104.3(j)(2)(i).
“individual with a severe
disability”
§ 385.4.
“individual with a significant
disability”
§§ 361.5 and
373.4.
“individual with handicaps” § 105.3.
“physical or mental
impairment”
§ 361.5.
Regulations: We have
substituted “intellectual
disability” for “mental
retardation” and “having an
intellectual disability” for
“mentally retarded” in the
following definitions:

2015
Every Student Succeeds Act
(ESSA)
ESSA includes provisions that will help to ensure success for students
and schools.
Below are just a few. The law:
• Advances equity by upholding critical protections for America's
disadvantaged and high-need students.
• Requires—for the first time—that all students in America be
taught to high academic standards that will prepare them to
succeed in college and careers.
• Ensures that vital information is provided to educators, families,
students, and communities through annual statewide assessments
that measure students' progress toward those high standards.
• Helps to support and grow local innovations—including evidence-
based and place-based interventions developed by local leaders
and educators—consistent with our Investing in
Innovation and Promise Neighborhoods
• Sustains and expands this administration's historic investments in
increasing access to high-quality preschool.
• Maintains an expectation that there will be accountability and
action to effect positive change in our lowest-performing schools,
where groups of students are not making progress, and where
graduation rates are low over extended periods of time. [29]

References:
• https://www.asd-1817.org/[1]
• https://www.perkins.org/history/timeline/1800s#John-Dix-Fisher[2]
• https://www.mentalhelp.net/intellectual-disorders/aaidd-diagnostic-criteria-for-intellectual-disability/[3]
• https://www.history.com/topics/black-history/plessy-v-ferguson[4]
• https://degree.astate.edu/articles/k-12-education/what-is-the-council-for-exceptional-children.aspx[5]
• https://www.timetoast.com/timelines/history-of-special-education-a4df6c6b-72db-4b9c-914c-1f97fb5bbce1[6]
• https://thearc.org/about-us/history/[7]
• https://www.history.com/topics/black-history/brown-v-board-of-education-of-topeka[8]
• https://mn.gov/mnddc/parallels2/pdf/60s/63/63-ROT-PPMR.pdf[9]
• https://www.history.com/topics/black-history/civil-rights-movement[10]
• https://socialwelfare.library.vcu.edu/programs/education/elementary-and-secondary-education-act-of-1965/[11]
• https://ufhealth.org/baker-act[12]
• http://www.studentslawyer.com/law/learn-about-the-first-right-to-education-case-that-helped-lead-to-the-idea[13]
• https://www.pubintlaw.org/cases-and-projects/pennsylvania-association-for-retarded-citizens-parc-v-commonwealth-
of-pennsylvania/[14]
• https://usedulaw.com/438-mills-v-board-of-education-of-the-district-of-columbia.html[15]
• https://dredf.org/legal-advocacy/laws/section-504-of-the-rehabilitation-act-of-1973/[16]

References:
• https://www2.ed.gov/ferpa/[17]
• https://www.wrightslaw.com/law/art/history.spec.ed.law.htm[18]
• https://www.britannica.com/topic/Board-of-Education-of-the-Hendrick-Hudson-Central-School-
District-v-Rowley[19]
• https://nche.ed.gov/mckinney-vento/[20]
• https://www.britannica.com/topic/Timothy-W-v-Rochester-New-Hampshire-School-District[21]
• https://www.ada.gov/ada_intro.htm[22]
• https://sites.ed.gov/idea/about-idea/#IDEA-History[23]
• https://nces.ed.gov/programs/coe/indicator_cgg.asp[24]
• https://sites.ed.gov/idea/about-idea/[25]
• https://www2.ed.gov/parents/read/resources/readingtips/edlite-slide020.html[26]
• https://www.cde.ca.gov/SP/se/lr/ideareathztn.asp#:~:text=On%20December%203%2C%202004%
2C%20President,significant%20changes%20in%20the%20law.[27]
• https://www.federalregister.gov/d/2017-14343[28]
• https://www.ed.gov/essa?src=rn[29]

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