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The Tenth Amendment puts the responsibility of education on the states. The rational was that the state governments were closer and more connected to the needs of the people. By 1918 compulsory education laws were in place in all states, however children with disabilities were often excluded from public schools

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A landmark case, Brown v. Board of Education 1954, was a major victory for the Civil Rights Movement and to those with disabilities. The decision was based on the 14th amendment which stipulates that the states may not deny any person within its jurisdiction equal protection under the law. If states have undertaken to provide an education to its citizens, this must include citizens with disabilities.

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Pennsylvania Association for Retarded Children (“P.A.R.C”) v. Commonwealth of Pennsylvania and Mills vs Board of Education 

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Pennsylvania Association for Retarded Children (“P.A.R.C”) v. Commonwealth of Pennsylvania and Mills vs Board of Education 

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In 1972, there were two historic decisions that overturned state statutes and policies that excluded students with disabilities. These cases were the Pennsylvania Association for Retarded Children (“P.A.R.C”) v. Commonwealth of Pennsylvania and Mills vs Board of Education. In both cases, the Courts interpreted the Due Process Clause of the Fourteenth Amendment and over turned local laws that excluded children with disabilities from schools.

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Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973

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Signed by President Nixon, section 504 was an amendment to the Rehabilitation Act, which provided for federally assisted rehabilitation programs for persons with disabilities. Although signed on September 1973, due to confusion over the original intent of Congress in passing section 504, as well as political concerns, it was until May 4, 1977 it finally implemented into law.

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The Individuals with Disabilities Education Act Amendments of 1997

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The Individuals with Disabilities Education Act Amendments of 1997

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The passing of the 1997 amendment, was to continue to improve students with disabilities performance in their academics. A significant addition to the amendment was that of discipline. The IEP team were now required to use strategies included positive behavior interventions, supports, to address behavior issues.