americans with disabilities act in education, dr. w.a. kritsonis, public school law
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Americans with DisabilitiesAct in Education
William Allan Kritsonis, PhD
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Early Development Compulsory attendance laws
The exclusion of students withdisabilities
Parental advocacy
² Council for Exceptional Children,
1922
² Cuyahoga Council for Retarded
Children, 1933
² National Association for Retarded
Citizens (The ARC), 1950
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Brown v. Board of Education
347 U.S. 483 (1954)After the decision in Brown, parents of
children with disabilities started to bring
lawsuits against school districts forexcluding and segregating children with
disabilities. The parents argued that, by
excluding these children, schools were
discriminating against the children becauseof their disabilities.
Case Law
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³In these days, it is doubtful thatany child may reasonably be
expected to succeed in life if heis denied the opportunity of aneducation. Such an opportunity,
where the state has undertakento provide it, is a right that mustbe available to all on equalterms.µ
-Chief Justice Earl Warren-
Brown v. Board of Education
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Pennsylvania Association for Retarded
children (PARC) v. Pennsylvania (343
F.Supp, 279, E.D. PA, 1972) ²U.S. District Court found that mentally
retarded persons are capable of benefiting
from education.
Mills v. District of Columbia Board of Education (348 F.Supp, 869, D.D.C. 1972)
²Students with disabilities must be given a
public education, and that financial limits
were a moot point in providing education to
the students
http://en.wikipedia.org/wiki/Mills_vs._Board_of_Education_of_District_of_Columbia
Landmark Cases
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The Education of the Handicapped
Act of 1970 Section 504 of the Rehabilitation Act
of 1973
The Elementary and SecondaryEducation Act of 1965
The Education Amendments of 1974
Early FederalInvolvement
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The Education for All
Handicapped Children Act of 1975 (P.L. 94-142)
Was to ensure access to public educationfor students with disabilities
Major Legislation
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Nondiscriminatory testing, evaluations,placement and procedures
Education in least restrictive
environment Procedural due process
Free education
Appropriate education
EAHCA Mandates
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1986
² The Handicapped Children·s ProtectionAct
² The Infants & Toddlers with DisabilitiesAct
1990
² TheI
ndividuals with DisabilitiesEducation Act
1997
² The Individuals with DisabilitiesEducation Act Amendments of 1997
Reauthorizations of the EAHCA
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First special education case to goto the U.S. Supreme Court
Was a ´free appropriate
educationµ being given?
http://www.listen-up.org/dnload4/rowley.pdf
Board of Education v. Rowley
458, U.S. 176 (1982)
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IEP
Mediation
Discipline
Attorney Fees
Charter Schools Manifestation Determination
I
DEA Amendments of 1997
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The underlying theme of IDEA '97was to improve the effectiveness of
special education by requiringdemonstrable improvements in theeducational achievement of studentswith disabilities
The IDEA Acts Amendments of 1997
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Controversial law
Aimed to improve performance of
schools
Give parents more flexibility inchoosing schools
Promotes a focus on reading
Highly qualified teachers
The No Child Left Behind Act of
2001
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NCL B focuses on:a. Increasing the academic achievement of all public
school students
b. Improving the performance of low-performing schoolsc. Requiring schools to adopt scientifically based
instructional practices
NCL B accomplishes this by:a. Requiring states to measure the progress of students
and groups of students, including students withdisabilities, every year
b. Reporting the results of these measures to parents
c. Requiring states to set proficiency standards thatschools must attain within a set period of time
NCLB Accountability
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To increase the academic
achievement of students in special
education ² Focus on writing measurable goals and
actually measuring them
² Focus on progress monitoring
To increase accountability for results
To streamline the special education
process
Focus of I
DEI
A 2004
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Conduct relevant assessments of
students· educational needs
Monitor students· progress using
data- based formative evaluation
systems
Challenges to Special Education
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Changes in Special Education Law
Individual andGroup Efforts
EAHCA
1974
IDEA 1990
IDEAA 1997
IDEIA 2004
Special education went from an issue of accessto an issue of quality.
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After going through the history of howspecial education came to what it is today, I have a new appreciation for my husband.He is ´deafµ and I realize he did not receive ahigh quality education as it is given today.He is a good citizen and provider for hisfamily, but he missed out on quality skills.I have encouraged him to go to school andget more education so that him may work ina place that he has passion for. He is going,but it takes a little longer and we are all ok
with that. Special education has come along way since he has been in school.
Conclusion