The document discusses the evolution of special education rights in the U.S., highlighting key legislation such as the Americans with Disabilities Act and landmark cases like Brown v. Board of Education. It emphasizes the critical role of parental advocacy and judicial rulings in ensuring educational access for students with disabilities. The author reflects on personal experiences and the progress made in special education, underscoring the need for quality education for individuals with disabilities.

1. Americans with Disabilities Act in Education William Allan Kritsonis, PhD

2. Compulsory attendance laws The exclusion of students with disabilities Parental advocacy Council for Exceptional Children, 1922 Cuyahoga Council for Retarded Children, 1933 National Association for Retarded Citizens (The ARC), 1950 Early Development

3. Brown v. Board of Education 347 U.S. 483 (1954) After the decision in Brown, parents of children with disabilities started to bring lawsuits against school districts for excluding and segregating children with disabilities. The parents argued that, by excluding these children, schools were discriminating against the children because of their disabilities. Case Law

4. “ In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be available to all on equal terms.” -Chief Justice Earl Warren- Brown v. Board of Education

5. Pennsylvania Association for Retarded children (PARC) v. Pennsylvania (343 F.Supp, 279, E.D. PA, 1972) U.S. District Court found that mentally retarded persons are capable of benefiting from education. Mills v. District of Columbia Board of Education (348 F.Supp, 869, D.D.C. 1972) Students with disabilities must be given a public education, and that financial limits were a moot point in providing education to the students http://en.wikipedia.org/wiki/Mills_vs._Board_of_Education_of_District_of_Columbia Landmark Cases

6. The Education of the Handicapped Act of 1970 Section 504 of the Rehabilitation Act of 1973 The Elementary and Secondary Education Act of 1965 The Education Amendments of 1974 Early Federal Involvement

7. The Education for All Handicapped Children Act of 1975 (P.L. 94-142) Was to ensure access to public education for students with disabilities Major Legislation

8. Nondiscriminatory testing, evaluations, placement and procedures Education in least restrictive environment Procedural due process Free education Appropriate education EAHCA Mandates

9. 1986 The Handicapped Children’s Protection Act The Infants & Toddlers with Disabilities Act 1990 The Individuals with Disabilities Education Act 1997 The Individuals with Disabilities Education Act Amendments of 1997 Reauthorizations of the EAHCA

10. First special education case to go to the U.S. Supreme Court Was a “free appropriate education” being given? http://www.listen-up.org/dnload4/rowley.pdf Board of Education v. Rowley 458, U.S. 176 (1982)

11. IEP Mediation Discipline Attorney Fees Charter Schools Manifestation Determination IDEA Amendments of 1997

12. The underlying theme of IDEA '97 was to improve the effectiveness of special education by requiring demonstrable improvements in the educational achievement of students with disabilities The IDEA Acts Amendments of 1997

13. Controversial law Aimed to improve performance of schools Give parents more flexibility in choosing schools Promotes a focus on reading Highly qualified teachers The No Child Left Behind Act of 2001

14. NCLB focuses on: Increasing the academic achievement of all public school students Improving the performance of low-performing schools Requiring schools to adopt scientifically based instructional practices NCLB accomplishes this by: Requiring states to measure the progress of students and groups of students, including students with disabilities, every year Reporting the results of these measures to parents Requiring states to set proficiency standards that schools must attain within a set period of time NCLB Accountability

15. To increase the academic achievement of students in special education Focus on writing measurable goals and actually measuring them Focus on progress monitoring To increase accountability for results To streamline the special education process Focus of IDEIA 2004

16. Conduct relevant assessments of students’ educational needs Monitor students’ progress using data- based formative evaluation systems Challenges to Special Education

17. Changes in Special Education Law Special education went from an issue of access to an issue of quality. Individual and Group Efforts EAHCA 1974 IDEA 1990 IDEAA 1997 IDEIA 2004

18. After going through the history of how special education came to what it is today, I have a new appreciation for my husband. He is “deaf” and I realize he did not receive a high quality education as it is given today. He is a good citizen and provider for his family, but he missed out on quality skills. I have encouraged him to go to school and get more education so that him may work in a place that he has passion for. He is going, but it takes a little longer and we are all ok with that. Special education has come a long way since he has been in school. Conclusion