3. Brown v. Board of Education, 1954
Description: The separation of race in
education was ordained as unconstitutional
because it did not give all children the right
to an equal opportunity of learning. Brown v.
Board ended “separate but equal” by ruling
to desegregate black and white schools.
Significance to Special Education: This
decision paved way for parents of children
with disabilities to fight for an end to
educational segregation and exclusion
based on their child’s disability. (Gargiulo, 2014)
4. ESEA of 1965
● Description: The Elementary and Secondary Education Act (ESEA)
addressed the inequality of education for underprivileged children by
providing resources that would guarantee all children access to an equal and
quality education. The act funds primary and secondary schooling to support
educational programs and instructional materials.
● Significance to Special Education: The ESEA’s provision of Title I funding
has changed over time to enhance the way funding is used and allocated. As
a result, school wide programs can make improvements to provide students
with a better opportunity to learn.
(Wright, 2010)
5. P.A.R.C. v. Commonwealth of Pennsylvania, 1972
Description: The state of Pennsylvania must give children with intellectual
disabilities, ages 6-21, a free public education no matter the degree of their
disability or impairment. Parents were granted the right to partake in the
educational decisions that affect their children’s learning.
Significance to Special Education: The judicial decision gave parents the
ability have a voice in their child’s education. In addition, children with
disabilities can now have an individualized education and be placed in the
most integrated environment.
(Gargiulo, 2014)
6. Mills v. Board of Education, District of Columbia, 1972
Description: Mills extended the decision of P.A.R.C in that public education
must include all students with disabilities regardless of their functional level.
Students must be given a constructive education with specialized instruction.
Parents also had the right to be notified of pending evaluations, classroom
placements, suspensions, and termination of special services.
Significance to Special Education: These landmark cases led congress to
further investigate the education of children with disabilities. After finding they
were not receiving a proper education, legislation moved into congress the
enactment of Public Law 94-142.
(Gargiulo, 2014)
7. Education for All Handicapped Children Act of 1975
Description: Also known as Public Law 94-142, the act guaranteed children
with disabilities a free, public education in every state nation-wide. The
mission of the law was to improve access to education for children with
disabilities. Local educational agencies are held accountable to provide
appropriate educational services for all handicapped children.
Significance to Special Education: The Education for All Handicapped
Children Act (EAHC) no longer limited the educational opportunities for
students with special needs. Seeking out an education would now be more
accessible than ever before.
(Wright, 2010)
8. Replacement of EAHC with IDEA, 1990
Description: The Individuals with Disabilities Education Act (IDEA) was
introduced to replace the EAHC by stating that children with disabilities are
entitled to a free, public education and that the child’s education will be
planned and monitored with the use of an individualized education program,
also known as an IEP. The IEP will serve as a way to provide specialized
instruction that meets the needs of the students.
Significance to Special Education: Students can receive an education that is
geared toward their individual level of learning. The goals created by the IEP
will help students to become successful scholars.
(Driscoll & Nagel, 2010)
9. ADA of 1990
Description: Americans with Disabilities Act (ADA) gives civil rights protection
to individuals with disabilities from discrimination based on race, sex, gender,
ethnicity, or religion. Equal opportunity is provided in all areas including:
employment, public accommodations, transportation, government services,
and telecommunication.
Significance to Special Education: Any person with a disability is given an
equal chance to work and make a living as his or hers peers. Thus, bringing a
sense of meaning to their life and opening doors to more opportunities.
(U.S. Department of Education, 2006)
10. IDEA of 1997 and 2004
Refocus of IDEA
Description: The focus of IDEA in 1997
shifted to improve teaching and learning.
Emphasis was placed on enforcing
individualized education plans to promote
parent involvement in decision-making
and to make learning more accessible to
students with disabilities.
IDEA Improvement Act of 2004
Description: Changes made to the act in
2004 were to take the main
components and principles of IDEA
and push them further to make a
greater impact on students with
special needs and educational
programs.
● Significance to Special Education: The refocus and improvement of the Individuals
with Disabilities Education Act will ensure that children with disabilities are provided
quality programs with highly educated teachers.
(Driscoll & Nagel, 2010)
11. Evolution of Terminology
Terms used in law to describe individuals with disabilities have been practiced
for years and years. However, the history of special education has shown
changes in the way terminology is used by way of federal laws and acts of
congress.
Examples of terminology that are considered to be outdated and offensive
include:
idiot, imbecile, moron
burden, pity
In today’s society as people become more knowledgeable of special education,
they learn to become more sensitive in their use of language.
(University of Florida Health, n.d.)
12. Changes in the Learning Environment
In the past, the right to a free, public
education with quality programs has
long been fought.
Today, the IDEA has enforced that
students with disabilities should learn
in the least restrictive environment
(LRE). Meaning, students who receive
special education should spend as
much time with their non-disabled
peers in the regular classroom to
enhance socialization skills.
(Driscoll & Nagel, 2010)
13. Society’s View on Special Education
For hundreds of years, society’s attitude towards people with disabilities have
been negative. Many have treated these people as incompetent individuals
incapable of contributing to society.
As more laws and acts of congress have been passed, societal views have
changed as people become aware and educated on the subject.
With integrated education and equal employment opportunities, society is
learning to become more positive and accepting of individuals with
disabilities.
(University of Florida Health, n.d.)
14. The Impact of Deficit Thinking
Deficit thinking in education can be seen as having lower expectations for
students who do not fit in with the traditional context of the school system.
By practice of deficit thinking, what educators believe might help “fix” the
student will only further alienate and marginalize the student.
As a result, the teacher’s deficit attitude and perspective of the student could
change. Common examples of deficit thinking are:
assuming children who come from low-income families are more difficult to teach
teaching lower-level classes are a form of punishment.
Allowing the teacher’s beliefs and pedagogies to cloud their thinking can
ultimately interfere with the academic success of his or hers’ student.
(Simone, 2012)
15. References
Driscoll, A. & Nagel, N. G. (2010, July 10). Individuals with Disabilities Education Act (IDEA). Education.com. Retrieved February 20, 2016,
from http://www.education.com/reference/article/individuals-disabilities-education-act/
Gargiulo, R. M. (2014). Special Education in Contemporary Society: An Introduction to Exceptionality (5th ed.) [Vital Source]. Retrieved
February 18, 2016, from http://edge.sagepub.com/gargiulo5e
Simone, J. (2012). Addressing the Marginalized Student: The Secondary Principal’s Role in Eliminating Deficit Thinking. Retrieved February
20, 2016 from https://www.ideals.illinois.edu/bitstream/handle/2142/31100/Simone_Joseph.pdf?sequence=1
University of Florida Health. (n.d.). Society’s Attitude Toward People with Disabilities. Retrieved February 20, 2016, from
http://paul-burtner.dental.ufl.edu/oral-health-care-for-persons-with-disabilities/societys-attitude-toward-people-with-disabilities/
U.S. Department of Education. (2006). Americans with Disabilities Act (ADA). Retrieved February 20, 2016, from
http://www2.ed.gov/about/offices/list/ocr/docs/hq9805.html
Wright, P. (2010, November 29). The History of Special Education Law. Wrights Law. Retrieved February 20, 2016, from
http://www.wrightslaw.com/law/art/history.spec.ed.law.htm