Overview
This lecture reviews major historical events shaping special education in the United States, focusing on legal cases and key legislation that established educational rights for students with disabilities.
Foundations of Public Education in the US
- Education is a state responsibility, not federally guaranteed, under the 10th Amendment.
- The first compulsory attendance law was enacted in Rhode Island in 1840; all states had such laws by 1918.
- Early compulsory attendance did not include students with disabilities or African Americans.
Segregation and Legal Precedents
- The Separate Car Act (1890) enforced "separate but equal" facilities for whites and blacks in Louisiana.
- Plessy v. Ferguson (1896) upheld the constitutionality of segregation, influencing education for 60 years.
- The Watson case (1893) allowed schools to exclude students deemed unable to benefit from education.
- Beattie v. Board of Education (1919) upheld the expulsion of a physically disabled student for his effect on others.
Breaking Barriers: Brown v. Board of Education
- Brown v. Board of Education (1954) overturned "separate but equal" in public schools, demanding equal educational opportunity for all.
- The decision paved the way for challenges to exclusion of students with disabilities.
Expansion of Rights for Students with Disabilities
- PARC v. Pennsylvania (1972) established the right to free, appropriate public education (FAPE) for students with disabilities.
- Mills v. Board of Education (1972) required schools to provide services regardless of financial limitations.
- The Education for All Handicapped Children Act (EAHCA, 1975) became the foundation for special education rights.
Protections Under IDEA (Individuals with Disabilities Education Act)
- Zero reject: All qualified students with disabilities are served.
- Individualized Education Program (IEP): Tailored goals and objectives for each student aged 3-21.
- Appropriate evaluation: Comprehensive assessments ensure accurate identification and placement.
- Procedural safeguards: Mechanisms like due process protect stakeholder rights.
- Parent and child participation: Decision-making includes families as equal partners.
- FAPE: Education provided in the least restrictive environment for each student.
Key Terms & Definitions
- Compulsory Attendance Law — Requires school attendance for children within certain age ranges.
- Separate but Equal — Legal doctrine permitting segregation if facilities are equal.
- FAPE (Free Appropriate Public Education) — Special education and services provided at no cost to families.
- IEP (Individualized Education Program) — Customized plan with educational goals for a student with disabilities.
- Procedural Safeguards — Legal protections for students and families in the special education process.
- IDEA (Individuals with Disabilities Education Act) — Federal law ensuring services for students with disabilities.
Action Items / Next Steps
- Review the key legal cases and legislation discussed for understanding their impact on modern special education.
- Prepare to discuss how historical barriers in education influence current practices.