Impact of Disability on Learning and Development, Spring 2008

Special Education HISTORICAL TIMELINE

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1817 1840 1870 1886 1918 1919 1922 1930 1931 1933 1939 1940 1943 1945 1946

This decade is considered the

beginning of the modern
Special Education Movement.
During World War II, many
The International Council for young soldiers sustained
the Education of Exceptional Parental Advocacy Group injuries that resulted in lifelong
Children is organized by a composed of five mothers of disabilities. The need for
Rhode Island passed a law
First special education school in The American Association on group of administrators and The Bradley Home, the children with mental educational and employment
mandating compulsory 1930, in Peoria, Illinois,
the United States, the American The School for the Deaf and the Intellectual and Developmental supervisors attending the first psychiatric hospital retardation who came in Ruled that the statute opportunities and services for
education for all children the first white cane The classification of Autism Public Law 176 created more
Asylum for the Education and School for the Blind offer Disabilities (AAIDD) (formerly By 1918 all States Schools could exclude a student summer session at Teachers for children in the Cuyahoga, Ohio to protest mandating compulsory these young men created
Compulsory education is ordinance gave was introduced by Dr. Leo awareness for possibilities for The Cerebral Palsy Society is
Instruction of the Deaf and comprehensive educational the American Association on have mandated who had been attending public College, Columbia United States, was their children's exclusion attendance gave state legislation that would precede
education which children individuals with blindness Kanner of John Hopkins employment of the formed by parents in NYC.
Dumb (now called the American programs for hearing impaired Mental Retardation (AAMR) is compulsory education. school until the 5th grade. University, and their faculty established in East from public schools. Led to department authority to Special Education legislation.
are required by law to the right-of-way when University. "handicapped."
School for the Deaf), was and visually impaired students. formed to advocate for members on August 10, Providence, Rhode the establishment of a exclude certain students. *National Foundation for the
receive and governments crossing the street.
established in Hartford. handicapped people's rights. 1922. The Council begins Island. special class for their Blind is formed and advocate
to provide.
with 12 members. Elizabeth children, even though the for white cane laws and input
E. Farrell was the Founder parents sponsored the class. from the blind on a variety of
and first President, 1922‑26. programs. *American
Federation of the Physically
Handicapped is formed-
advocated for the end-of-job
discrimination.
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1947 1950 1951 1953

Los Angeles County provided

ARC was founded in 1950. It
The Perkins Brailler is
helped identify children with
developed; printing of large
disabilities and mental retardation
type books is initiated.
and bring them out of their houses.
The first institution for
at-home attendant care to
research on exceptional
adults with polio as a cost-
children opened at the
saving alternative to
University of Illinois.
hospitalization.
 Special Education HISTORICAL TIMELINE

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1954 1955 1956 1960 1961 1963 1964 1965 1966 1968 1970 1971 1972

In this milestone decision the

Supreme Court ruled that *President Johnson's legislative plan
separating children in public termed, "War on Poverty". As Daniel
schools on the basis of race Schugurensky states the act "was
Transferred authority from the Established a core grant program
unconstitutional. It signaled developed under the principle of
Director of OEO to the U.S. for local education agencies.
the end of legalized racial redress, which established that children
Commissioner of Education Revised statement of purpose to *Pennsylvania Association for
segregation in the schools of from low-income homes required more
Social Security (Department of Health, Education include adults who had attained Retarded Children, along with
the United States, overruling educational services" (Addressed Established programs to improve The Mills suit brought on behalf of
Council for the Exception Amendments of 1956 Parents first joined forces at a and Welfare) Federal grants to age 16 and had not graduated parents of children with mild to
the "separate but equal" President John F. Kennedy Educational Inequalities) The act proved special education. $100,000 was over 18,000 children in the District,
Children‟s Journal made a created the Social Security In the 1960s states started national conference held in Made discrimination based on local schools.Not less than 10 from high school, State allotment severe disabilities, sued the state
principle set forth in the 1896 appointed a special to be a catalyst for future educational provided as the base for the state based on the 14th amendment and
case for ending the Disability Insurance setting up their own special Chicago in 1963. There they race, religion, sex, national origin, percent nor more than 20 percent base raised to $150,000, Special and won their case to establish a
Plessy v. Ferguson case. President's Panel on legislation. A few of the pivotal acts that allotment and Private non-profit claimed that children with disabilities
segregation of disabled (SSDI) program for education programs. formed the Association for and other characteristics illegal reserved for special projects and emphasis given to adult basic free and appropriate education
*Social Security Act of 1935 Mental Retardation. derived from the Elementary and agencies added as eligible local were excluded from public education
students. disabled workers aged 50 Children with Learning Disabilities teacher training (Sections 309 b education, Presidentially (FAPE) for all children with mental
was amended by PL 83-761 Secondary Edcuation Act (ESEA) grant recipients. without due process.
to 64. and c) National Advisory Council appointed National Advisory retardation between the ages the
to include a freeze provision include the Individuals with Disabilities
on Adult Education and Bureau of Council on Adult Education ages of 6 and 21 in Pennsylvania.
for workers who were forced Education Act, the Bilingual Education
Education for the Handicapped established, 5 percent
by disabilities to leave the Act, and the Goals 2000: Educate
established. administrative cost authorized.
workforce. This protected America Act. *ESEA Amendments - First
their benefits by freezing Federal grants to states schools for the
their retirement benefits at education children with disabilities.
their pre-disability level.
 Special Education HISTORICAL TIMELINE

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1973 1974 1975 1976 1978 1979 1981 1982 1983 1984 1985 1986

The Rehabilitation Act prohibits

discrimination on the basis of In the Rowley case the court
*New York City uses federal
disability in programs conducted “specific learning disabilities” was ruled, "once a court determines
Appropriate education for all children with *The title of the act was changed by amendments funds received under the Title I
by Federal agencies, in programs recognized and added as a new that the requirments of the act *Hurry- Door to Door
disabilities. Community school program in 1983 This law allows for federal funding to program of the Elementary and
receiving Federal financial disability category in The Education have been met, questions of transportation. State must give
was added, State allotment revised, State * Espino-Cube within a create parent training and information centers Secondary Education Act of 1965
assistance, in Federal for All Handicapped Children Act of methodology are for the free door to door transportation *In 1986, an amendment to the EHA, extended the purpose of
plan expanded to include institutionalized classroom-U.S. District (PIC) so that parents could learn how to protect to pay the salaries of public
employment, and in the 1975. the EAHCA was intended to resolution by the state." Parents service to the education EHA to include children ages 0-5 and included: To extend the
adults, Cap on adult secondary education Raymond Kurzweil concluded that placement in the rights that PL 94-142 guarantees their child. school employees who teach in
employment practices of Federal provide administrators with proof of do not have a right to compel a program in which he is guarantee to a Free and Appropriate Public Education (FAPE)
at 20 percent, Provided for bilingual adult develops Kurzweil First Issue of Journal of *Armstrong- extended a "cube" was not the PL 98-199 also provided financial incentives to parochial schools in the city. That
contractors. The standards for compliance, teachers with formalized school district to provide specific enrolled. *Irving- to children with disabilities, ages 3-5. To establish Early
education, 15 percent for special projects Reader that translates Special Education school year. *First NECC maximum extent appropriate expand services for children from birth to age 3 program authorized federal
determining employment plans, parents with a voice, and programs. The Rowley case is Related Services. Medical Intervention Programs (EIP) for infants and toddlers with
and teacher training, Special projects for material into synthesized Technology. conference is held. to achieve peer interaction and the initiatives for transition services from financial assistance to local
discrimination under the students with an appropriate often cited by school districts for Services are only excluded if disabilities, ages 0-2. To develop an Individualized Family
the elderly, State advisory councils could speech. nor was the placement to the school to adult living for students with disabilities. educational institutions to meet
Rehabilitation Act are the same education. Along with assurances of the general proposition that the they have to be administred by Service Plan (IFSP) for each family with an infant/toddler with
be established and maintained, National maximum extent practicable. *Critical Analysis of Segregated Placements- the needs of educationally
as those used in title I of the nondiscriminatory evaluation, school district or municipality hospital or physcian. disabilities. *Alama Heights ISD vs.
Advisory Council on Adult Education to *S-1-discipline "Roncker Test" whether segregated placement deprived children from low-
Americans with Disabilities Act. individualized educational planning, need not provide "optimum" Developed two-step analysis to State Board of Education (Year Round Services) The School
include limited English-speaking could be modified and provided in a mainstream income families. *Burlington-
Rights of the handicapped in and education in the least restrictive services, and need only provide determine related services. District is required to provide a "free appropriate public
members. classroom. Tuition reimbursement for private
employment and education are environment. services which are "appropriate." education." The some-educational-benefit standard does not
school placement.
ensured through section 504 of FAPE mean that the requirements of the Act are satisfied so long as
the Rehabiliation Amendments. a handicapped child's progress, absent summer services, is
not brought "to a virtual standstill." Rather, if a child
experiences severe or substantial regression during the
summer months in the absence of a summer program, the
handicapped child may be entitled to year-round services.

*Max M v. Illinois Board of Education (Psychological Services

and Counseling.) The district court opinion dealt with the
substantive issue of whether "psychotherapy" was a related
service. The holding was in the affirmative, along with the lines
of the Garret. F. case. The court simply asked whether the
service was capable of being delivered by a non-physician;
answer was yes. The district had to reimburse the parents at
the cost level of a non-physician. *Regular Education Initiative
established.
 Special Education HISTORICAL TIMELINE

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1987 1988 1989 1990 1991 1993 1994 1995

Parents of Student W.-Due

*Lachman-District Determines
Methodology. School System
didn't want to place student in
mainstream classroom. Court
*A.W. vs. Northwest R-1 School District (Cost as a quotes Rowley case- question
Consideration) Congress provided limited of methodology are ruled by the
resources to the states to implement the policy of state.
educating all disabled students, and the sufficiency *Honig v. Doe "stay put"
of that education must be evaluated in light of the provision prohibits schools from
available resources. *Talking textwrite created. excluding students from
classrooms for misconduct that
is due their disability.
*Spielberg-Change of
Placement
*Daniel R.R- When segregated placement
is appropriate. Determines the least
restrictive environment.
*"Zero Rejection" States must give free
appropriate public education and doesn't
ask any level of achievement be derived
from an individual's education.
*Hendricks- Comparable facilities. Special
Education classrooms have to be
comparable to facilities available for
children in regular classrooms. *Goals 2000
Summit
*EHA named changed to Individuals
with Disabilities Act (IDEA). It
guarantees equal opportunity for
individuals with disabilities in
employment, public
accommodations, transportation,
State and local government services,
and telecommunications. *P.L. 101-
336 Americans with Disabilities Act
prevents discrimination based on
ability.
Process: Ten Day Rule.
*Oberti and Rachel H. (Educating When a student poses a
in regular classrooms) The central potential threat to others
issue in this case concerns the he may be suspended for
Poolaw- Requirement
appropriateness of an IEP which up to 10 days. When
that schools provide
recommended placement of the suspension totals more
individualized programs
child in a "segregated" program than 10 days, this
tailored to the needs of
outside the child's "home" district. constitutes a change in
each child with
Cases are proponents of the least placement. In addition,
disabilities must be
restrictive environment. *Florence schools will have to judge
balanced.
County-Tuition Reimbursement whether handicapping
*Zobrest-Establised clause in condition is the cause and
parochial schools. if so whether the student's
current program and
placement is appropriate.
RICAL TIMELINE
Special Education HISTORICAL TIMELINE

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1996 1997 1999 2000 2001 2003 2004 2005 2006 2007

*On October 3, 2001, President George Bush

established a Commission on Excellence in
*Section 255 of the Telecommunications Act of 1996 mandates
Special Education to collect information and
that telecommunications equipment and services - including cell
study issues related to Federal, State, and *Schaffer-Party seeking
phones and plans - are provided so that someone with a disability *The "Tech Act," as it is sometimes
*This most recent legislation to address students local special education programs with the goal due process bears the
can use them. called, funds 56 state programs
with disabilities amends and reauthorizes IDEA. Cedar Rapids- Nursing as a of recommending policies for improving the burden of proof - this is
*Seattle School District, No. 1 vs. B.S. (placement of students) designed to address the assistive *Winkleman-Parents cannot
One change was parent participation. Parents‟ related service. Medical education performance of students with seen as a victory for
Whether the District failed to provide FAPE. The facts at hearing technology needs of individuals Arlington- No legally represent their children in
right to be involved in decision making was services are those offered by a A long term study of disabilities. *On January 8, 2002, President school boards. *Due to
support a finding that the IEP as developed on April 17, 2003 with disabilities. *IDEA is reimbursement for the cost court. * Tuition reimbursement is
significantly expanded-Prior to IDEA „97, parents physician. Services that can be children's health and George Bush signed the No Child Left Behind 2003 U.S goes to war with Iraq Hurricane Katrina the
contained measurable goals in the areas of math, interpersonal reauthorized and aligned with of experts (eg. Witnesses, guaranteed for enrollment of
were only guaranteed to be part of the group that provided in school by a nurse development Act (NCLB). This act reauthorized and Hurricane Education
skill, and study skills. The Parent agreed at hearing that the goals NCLB. The revision included early consultants) under IDEA students with disabilities in
developed their child‟s IEP. However, with IDEA or layperson are excluded as amended federal education programs Recovery Act was
were measurable. Parent‟s arguments to the contrary in closing assessment, early intervention, private institutions
„97 Congress further strengthened and specified medical services. established under the Elementary and established to educate
arguments were not persuasive. The District met its burden to Universal Design for Learning, and
parents‟ role in their child‟s IEP. Secondary Education Act (ESEA) of 1965. those displaced by the
state measurable goals in the areas identified as necessary for discipline procedures.
*Navin- Non-custodial parents have the right hurricane.
the Student to receive FAPE.
to participate in IEP meetings.
*K.R. Private Schools
Septermber 11:TErrorists attack the World
Trade Center

*Fulgrini The court especially focused on the tracheotomy tube,
which required constant monitoring and clearing of mucus. At first,
the public school provided a full-time nurse to provide services to
Carissa while at school. The school determined that it was not
required by lawto provide the services due to the "medical nature"
of these provisions.The Court ruled in favor of the school - they
were not required under IDEA to provide medical services to the
student.
*Due to the child's dependence on a ventilator,
tracheotomy, and gastrostomy, a pediatric nurse
was required to suction airways, administer
medication, and monitor portable life-support
equipment. A federal district court ordered the
school district to bear the cost of a "qualified"
individual to provide the needed health services
to *Hartmann in the Least restrictive environment I