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Rhode Island was the first state to have compulsory education. This meant that the parent or guardian of a child between ages 6 and 16 was responsible for making sure that their child attended school. By 1918 compulsory education was provided in all the states, but at that time this did not include children of color or those with disabilities, who were often not allowed into public schools.

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Louisiana Separate Car Act required railroads to provide “equal but separate accommodations” for African Americans and whites. This was to go alongside the segregation laws that were already in place.

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Watson vs. City of Cambridge case occurred when a student was expelled from school, “because he was too weak-minded to derive profit from instruction.” The Massachusetts Supreme Court ruled in support of the school’s recommendation of exclusion of this student in the public school.

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Plessy vs. Ferguson was a trial that would put to test the ruling of 1890 that stated, “equal but separate accommodations.”  Arguments of if it was constitutional to continue segregating according to a person’s race were made.  This case ended up going to the U.S. Supreme Court and was ruled that required racial segregation was not a violation of the Fourteenth Amendment.

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Beattie vs. Board of Education. Student was excluded from school due to uncontrolled facial movements, drooling, and speech issues. His teacher and peers complained of being nauseated by him and ultimately expelled him.  The Court upheld the school’s decision that a student may be excluded based on his disability.

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Brown vs Topeka Board of Education. This was a big turning point that affected civil rights and would affect special education laws in the future.  When the Justices were meeting together to decide if the Plessy v. Ferguson ruling would be overturned in this scenario, Chief Justice Warren stated, “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”  Brown v. Board: When the Supreme Court ruled against segregation. (2021, May 17). Constitution Daily. https://constitutioncenter.org/blog/on-this-day-the-supreme-court-rules-against-segregation  This was the start of multiple victories for students with disabilities and also with race and gender issues.

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Elementary and Secondary Education Act (ESEA).  This was a national education law put in place that was committed to giving students equality in educational opportunity. This was geared to increase scores for struggling students and assist in dealing with physical and/or learning disabilities, poverty, and ELL.

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Pennsylvania Association for Retarded Citizens (PARC) vs. Commonwealth of Pennsylvania.  This case was about the exclusion of mentally retarded students from public schools. The court ruled that students with disabilities have the right to a Free Appropriate Public Education (FAPE).  The agreement stated that parents would be included in the educational placement process.

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Mills vs. Board of Education of the District of Columbia. Class action suit that continued protections of FAPE that was brought to legal action due to Mills practice of suspending and expelling students with disabilities. This provided the right to:  a hearing with representation and impartial mediation, appealing any decision made regarding special education, accessing all case records, and requiring a written notification at each part of the hearing process.  The court ruled that schools require provision of services to students regardless of the school’s ability to pay the cost.

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Congressional Investigation.  Congress wanted to find out how many special education students were being deprived of a relevant education.  During investigation it was found that millions of children were not receiving a specially designed education based on their disabilities.

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President Nixon signed the Rehabilitation Act of 1973 after vetoing two previous versions of the act. The Rehab Act prohibits discrimination against disability in federal employment, agencies, and practices. This also includes any programs that receives federal financial assistance. This Act includes Section 504 which does not allow organizations or employers to exclude people based on their disability, but rather defines individual rights to have access to the same benefits as those who are not disabled.

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The Family Educational Rights and Privacy Act (FERPA) was established.  This federal law was instilled to protect the privacy of student records. FERPA is utilized during the IEP process and allows team members to share “need to know” information with other people on the IEP team.

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The Education for All Handicapped Children Act (EAHCA or EHA) was signed into law by President Gerald Ford on November 29.   In 1990 it was revised and renamed Individuals with Disabilities Education Act (IDEA).  This act requires public schools that receive federal funding to provide equal educational access to children with disabilities.  It is the guarantee of access to free, appropriate, public education (FAPE) in the least restrictive environment (LRE).

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President Ronald Reagan signed the Handicapped Children’s Protection Act.  This law built upon FAPE that was already in place and added early intervention programs for three to five-year old children with disabilities.

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Americans with Disabilities Act (ADA) was signed into law by President George H. W. Bush.  It was put in place to ensure that people with disabilities have equal opportunity and rights and those without disabilities.  This includes employment, access to state and federal programs, transportation, communications, and public accommodations.

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The Education for All Handicapped Children Act added new disabilities to its list including traumatic brain injury and autism. Congress placed a mandate that an IEP must include a transition plan that involves a student’s life after high school.

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The Education for all Handicapped Children’s Act was reauthorized by President Bill Clinton and changed to be named Individuals with Disabilities Education Act (IDEA).  This act stressed even more importance that students all have equal access to education curriculum. States were given the power to expand how “developmental delay” was defined as being birth to five years old to also be able to include ages six to nine.

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No Child Left Behind Act (NCLBA) was passed by Congress.  President George W. Bush signed it into law in 2002. This act reauthorized ESEA. This act showed where students were progressing and where additional support was needed through standardized tests.

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The current, reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on December 3, 2004, by President George W. Bush.  This reauthorization directed early intervention, better outcomes, and increased responsibility for teachers of special education students.

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Every Student Succeeds Act (ESSA). This replaced the No Child Left Behind Act and was signed by President Barrack Obama. It reauthorized the Elementary and Secondary Education Act to continue providing equal learning opportunities to all students and build upon the progress made from NCLBA.  It provided more guidelines to ensure success to students that are disadvantaged to uphold equity and promotion of high academic standards in preparation for furthering their education after high school.

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United States Department of Education Celebrates 45 years of the signing of the Education for All Handicapped Children Act, which was amended in 1990, and is now called the Individuals With Disabilities Education Act (IDEA) to support children and families with disabilities.