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Education Law - Overview

Many who went to school not long ago, remember that being a student with special needs to school means a bus trip separately and attend a class with other children of different disabilities. These classes are more like a nursery, and even more advanced students had little hope of receiving a high school diploma, much less attend college. Since then, long term disability and special needs students, has expanded to encompass much more than a person with an IQ below a certain arbitrary standard. What I have tried in my first article is to give a little history of the evolution of Persons with Disabilities Education Act.

In 1954, the Supreme Court decided Brown v. Board of Education, 347 U.S. 483 (1954) which found that segregated schools were a violation of equal protection rights. It would be another twenty years before this concept was applied to children with disabilities, including learning, trying to get an education. Indeed, shortly after Brown was decided the Supreme Court of Illinois found that public education does not apply to students with mental disabilities, and as late as 1969, it was a crime to try to enroll a child with disabilities in public school if the child had been excluded.

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