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History of Special Education Legislation and Litigation

History of Special Education Legislation and Litigation -...

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History of Special Education: Legislation and Litigation Tracy Wilkinson, Ed.M. February 2, 2011
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Outline History of Special Education Litigation Affecting Special Education Legislation IDEA Section 504 ADA Current Trends NCLB Race to the Top
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A Brief History of Special Education Special education programs in the 18th and 19th centuries were VERY limited In the early 1900s special education gained some momentum. Advocacy groups formed in the first half of the century. Council for Exceptional Children (CEC)- 1922 Cuyahoga Council for Retarded Children- 1933 National Associated for Retarded Citizens (The ARC)- 1950
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Video - The Cotting School Opened in 1893, the Cotting School was the first private, free day school for children with physical disabilities in America. When the school opened, it was known as the Industrial School for Crippled Children. This is an excerpt from the film, Challenge for Tomorrow. 1960’s Era Video
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Brown v. the Board of Education (1954) “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 Established the right to education for all students.
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More Special Education Litigation: Demanding Education for All Pennsylvania Associated for Retarded Citizens v. Commonwealth of Pennsylvania (1971) Commonly referred to as PARC Established the right to a free public education for students with intellectual disabilities Mills v. District of Columbia Board of Education (1972) The right to a free public education for ALL students with disabilities
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Education for All Handicapped Children Act- 1975 Commonly called the EAHCA or P.L. 94-142 Now referred to as the Individuals with Disabilities Education Act- IDEA EAHCA made free and appropriate public education available to all students with disabilities between the ages of 6-21.
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Changes to the EAHCA Over Time Reauthorized 6 times since 1975 In 1990, the EAHCA was renamed IDEA In 1986 the reauthorization Extended the eligibility to preschool, age 3-5. Added grants for states to provide early intervention services for infants and toddlers.
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Five Major Provisions Under IDEA 1. Free and Appropriate Public Education (FAPE) 2. Nondiscriminatory and Multidisciplinary Assessment 3. Parental Safeguards 4. Individualized Education Program (IEP) 5. Least Restrictive Environment (LRE)
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FAPE Schools must provide appropriate special education and related services to ALL students with disabilities at NO cost to the parents.
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