Law chapter 3 Flashcards
TRUE/FALSE
Education is the responsibility of the federal government.
False
Education is the responsibility of the individual states.
The first state to pass a compulsory education law in 1852
Massachusetts
The second state to pass a compulsory education law in 1867
Vermont
What year were compulsory education laws in place in all states?
1918
1893 Watson v. City of Cambridge, Massachusetts Supreme Court ruled that children could be expelled from public school because
- “weak in mind” and
- could not benefit from instruction,
- was troublesome to other children,
- made “unusual noises,” and was
- unable to take physical care of himself
1919 Beattie v. Board of Education
ruled that school officials could exclude a student with disabilities.
In 1934, the Cuyahoga County Court of Appeals in Ohio ruled that:
The state statute mandating compulsory attendance for children ages 6 through 18 gave the State Department of Education the authority to exclude certain students
1958 the Supreme Court of Illinois, in Department of Public Welfare v. Haas,
held that the state’s existing compulsory attendance legislation did not require the state to provide a free public education for the
1.“feeble minded”
2. “mentally deficient”
3. limited intelligence,
Parents led the way in seeking educational rights for their children with disabilities.
Parental Advocacy
focused national attention on children and youth with disabilities. A primary goal of this conference was to define and establish remedial programs for children with disabilities or special needs.
The White House Conference of 1910
Public school educators believed that the segregated classes were beneficial to the children with disabilities because
(a) smaller class size would allow more individualized instruction,
(b) homogeneous grouping would facilitate teaching,
(c) the less competitive nature of these classes would improve the children’s self-esteem.
many students with disabilities did not benefit from public school education because they
- dropped out of school,
- had been expelled or excluded from school,
- were considered unteachable
The Great Depression, put _________________ on public education.
financial constraints.
Response to the poor educational programming
The Organization of Advocacy Groups
first advocacy group 1933
Cuyahoga County Ohio Council for the Retarded Child
Why was the advocacy movement critical to the development of special education services?
They providing information, stimulus, and support to Congress when considering, developing, and acting on legislation.
1950 The National Association for Retarded Citizens
ARC’s mission is to
(a) provide information to concerned individuals, (b) monitor the quality of services for individuals with mental retardation,
(c) advocate for the rights and interests of individuals with mental retardation.
1922 The Council for Exceptional Children (CEC)
There mission
- Emphasize the education of the child
- Establish professional standards for teachers in
- Unite those interested in the educational problems
was established in 1974 and comprises teachers, parents, administrators, and related service providers.
The Association for Persons with Severe Handicaps (TASH)
civil rights court case had a tremendous impact on societal rights for minorities, but also affected many aspects of educational law and procedure
Brown v. Board of Education (1954,)
Advocates for students with disabilities, citing Brown, claimed that students with disabilities had the ________________as students without disabilities.
same rights
Advocates based their arguments on two main premises.
- there was an unacceptable level of differential treatment within the class of children with disabilities.
- some students with disabilities were not furnished with an education, whereas all students without disabilities were provided an education.
Pennsylvania Association for Retarded Children (PARC) v. Pennsylvania, 1972
- state’s secretaries of Education state Board of Education, and 13 school districts.
- state was delaying or ignoring its constitutional obligations
Pennsylvania Association for Retarded Children (PARC) v. Pennsylvania, 1972 ruling
Children with mental retardation between the ages of 6 and 21 must be provided a free public education
Mills v. Board of Education (1972)
The court held that because segregation in public education on the basis of race was unconstitutional, the total exclusion of students with disabilities was also unconstitutional.
By the early 1970s, the majority of states had passed laws requiring that students with disabilities receive ___________________
a public education.
The first significant federal involvement in the education of students with disabilities occurred in the late
1950s and early 1960s
Congress appropriated funds to train teachers of children with mental retardation
Education of Mentally Retarded Children Act of 1958,
Training of Professional Personnel Act of 1959,
helped train leaders to educate children with mental retardation.
The Elementary and Secondary Education Act of 1965
ESEA
1.signed by President Lyndon Johnson
2. war on poverty
4. first time federal government provided direct funding to the states
purpose of ESEA
provide federal money to states to improve educational opportunities
3 important goals for federal involvement
- single federal agency-Bureau for the Education of the Handicapped (BEH)
- increased categorical funding
- an enforceable entitlement
The Education of the Handicapped Act of 1970
- provided funding to states if they would initiate, expand, or improve programs
- (a) was the first freestanding special education law,
(b) mandated that students with disabilities be educated, and (c) required that students with disabilities should receive the special education .
Section 504 of the Rehabilitation Act of 1973
No otherwise qualified handicapped individual in the United States… shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any activity receiving federal financial assistance.
The Education for All Handicapped Children Act of 1975
combined an educational bill of rights with the promise of federal financial incentives.
The Handicapped Children’s Protection Act of 1986
hereby granting courts the authority to award attorney’s fees to parents or guardians if they prevailed in their actions pursuant to the law
The Education of the Handicapped Amendments of 1986
early intervention for young children
Early intervention services were defined as
were designed to meet the child’s physical, cognitive, communication, social or emotional, and adaptive needs
individualized family services plan
(IFSP) for children birth to 3 years
The Individuals with Disabilities Education Act of 1990
- substituted the term disability
- The law also used “people first” language
- autism and traumatic brain injury.
*individualized transition planning be included
The IDEA Amendments of 1997
requiring demonstrable improvements in educational achievement
The No Child Left Behind Act. President George W. Bush on January 8, 2002.
accountable for’ achievement in reading and mathematics
bring every student up to state standards in reading and math within a certain period of time,
A New Era: Revitalizing Special Education for Children and Their Families. recommendations.
1.must focus on results rather than process
2. must embrace a model of prevention,
3. share responsibility and work together
The Individuals with Disabilities Education Improvement Act of 2004
- changes in the IEPs, discipline, and identification of students with learning disabilities.
- requires that all special education teachers must be certified in special education
The Every Student Succeeds Act of 2015
States Rights
Thus, the history of special education can fairly be characterized as a movement
from access to quality and accountability.
