Other Major Laws and Cases

The following are just a few of the cases and laws that have had an impact on the world of special education:

Plessy v. Ferguson and Brown v. Board of Education: Plessy v. Ferguson (1896) was a civil rights case that ruled that separate-but-equal facilities were constitutional. This particular ruling involved upholding racial segregation in rail cars, but the impact was (and still is) felt far beyond railway cars, as it allowed for continued segregation in schools. This separate-but-equal doctrine stood for nearly 60 years. However, in Brown v. Board of Education (1954), it was unanimously determined that racial segregation in schools violated the Equal Protection Clause of the Fourteenth Amendment, declaring separate-but-equal as unconstitutional. This ruling laid the groundwork for IDEA and the education of all children with disabilities.

• Listen to this podcast on The Aftermath of Brown v. Board. (29:21)

The Elementary and Secondary Education Act was originally passed in 1965. It has been known more recently as No Child Left Behind (NCLB) and was reauthorized in 2015 as the Every Student Succeeds Act (ESSA). This act focuses on accountability and attention to low-performing groups of students, with the intention of closing the achievement gap.

PARC v. Pennsylvania (1971) was one of the first successful right-to-education lawsuits in the United States for children with disabilities. Prior to this lawsuit, Pennsylvania law allowed public schools to deny admittance to any child who had not attained a mental age of five years by the time they were eight years old. It was argued that this practice violated their rights under the Equal Protection Clause.

• Watch this Disability Justice video on the Right to Education. (07:05).

Mills v. Board of Education (1972) built upon PARC v. Pennsylvania, but also removed the excuse of insufficient funding. Students with disabilities are entitled to a public education, and cost cannot be a reason to deny services.

• Listen to this podcast on P.A.R.C., Mills, and Special Education. (27:00; opens in Amazon, but you do not need to sign up to listen)

Section 504 of the Rehabilitation Act of 1973 was the first disability civil rights act in the United States to make it illegal for institutions to discriminate against people with disabilities if they receive federal funding. In public schools specifically, 504 plans are covered under the Rehabilitation Act and protect children with disabilities in school. They are, however, different from IDEA protections. Students who have a disability, but do not need special education services, are protected under Section 504.

• Watch this video on What is a 504 Plan? (05:16)

The Americans with Disabilities Act (1990) is another civil rights law that protects individuals of all ages with disabilities in making sure that they have the same rights as everyone else. This Act applies to employment, government, public accommodations, telecommunications, and transportation. ADA is broader than IDEA, as it works beyond schools and school–aged individuals.

• Listen to this podcast series, ADA Live! for more information on the vast workings of the Americans with Disabilities Act.
• Read about The History of ADA from the Disability Rights Education and Defense Fund.