Special Education Advocacy Litigation and Legislation Advocacy Mid

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Special Education Advocacy, Litigation and Legislation

Special Education Advocacy, Litigation and Legislation

Advocacy • Mid 1700’s- development of sign language for the deaf • 1819 -

Advocacy • Mid 1700’s- development of sign language for the deaf • 1819 - founding of Asylum for Deaf and Dumb – Became the American School for the Deaf • 1832 - founding of Asylum for the Blind – Became Perkins School for the Blind

Advocacy (cont. ) • International Council for the Education of Exceptional Children – Founded

Advocacy (cont. ) • International Council for the Education of Exceptional Children – Founded in 1922 – Professional organization – Provides support for students and parents – Championed appropriate educational opportunities

Advocacy (cont. ) • United Cerebral Palsey Association – 1949 • Association for Retarded

Advocacy (cont. ) • United Cerebral Palsey Association – 1949 • Association for Retarded Citizens (ARC) – 1950

Early Case Law • Brown v. Board of Education Topeka, KS – 1954 –

Early Case Law • Brown v. Board of Education Topeka, KS – 1954 – Originated as a civil rights case based on race, but had impact on all groups separated from the majority – Ended “separate, but equal” justification

Early Case Law (cont. ) • PARC v. Commonwealth of Pennsylvania – 1971 –

Early Case Law (cont. ) • PARC v. Commonwealth of Pennsylvania – 1971 – Mandated FAPE for mentally retarded students • Mills v. Board of Ed. of Dist. of Columbia – 1972 – Extended FAPE to all students with disabilities

Early Case Law (cont. ) • Larry P. v. Riles – 1972 – Considered

Early Case Law (cont. ) • Larry P. v. Riles – 1972 – Considered racial bias in intelligence testing

Legislative Milestones • Rehabilitation Act of 1973 (PL 93 -112, Section 504) – Follow-up

Legislative Milestones • Rehabilitation Act of 1973 (PL 93 -112, Section 504) – Follow-up to legislation to address discrimination based on gender, race, and religion – Any agency receiving federal funds cannot discriminate based on handicaps – Led to 504 plans for students that don’t qualify for spec. ed. , but still need accommodations

Legislative Milestones (cont. ) • Education for All Handicapped Children Act (PL 94 -142)

Legislative Milestones (cont. ) • Education for All Handicapped Children Act (PL 94 -142) 1975 – FAPE – nondiscriminatory evaluation – IEP development – LRE – due process rights – parent participation required

Legislative Milestones (cont. ) • Americans with Disabilites Act (ADA) – (PL 101 -336)

Legislative Milestones (cont. ) • Americans with Disabilites Act (ADA) – (PL 101 -336) 1990 – Essentially a civil rights act for people with disabilities • Job protections • Physical access to public spaces and services • Communication services/supports for disabled

Legislative Milestones (cont. ) • Individuals with Disabilities Education Act (IDEA) – 1990 (reauthorized

Legislative Milestones (cont. ) • Individuals with Disabilities Education Act (IDEA) – 1990 (reauthorized in 1997, 2004 and 2010) – Provides the federal definitions for special education