Children with disabilities have tended to have insufficient funding towards resources ever since the 1960s. It was not until 1970, when Congress finally passed the Education of the Handicapped Act (EHA), that states were no longer permitted to refuse enrollment to students with disabilities. 

Long-standing Struggle for Federal Funding

It was not until 1958 that federal educational grants for improving science and math programs were established because of the differing views amongst states. Both federal and state involvement is necessary in order to support schools for people with physical or mental disabilities. 

University of Rochester

Laws and policies created to protect the rights of disabled individuals in the United States.

Disability Rights Legislation in the United States

Martin, Edwin W., Reed Martin, and Donna L. Terman. (1996). The Legislative and Litigation History of Special Education. The Future of Children. Vol. 6, No. 1, pp. 25-39. 

The legislative and litigation history of special education

29 U.S.C. § 701 (2018). A law that protects individuals with disabilities from discrimination by providing funding, resources, and establishing requirements with the intention to achieve equity for people with disabilities. This law applies to all agencies and programs that are associated with or regulated by the federal government, receive any federal funds, and all federal employment agencies, but each agency has specific requirements in addition to the universal federal standards.

The Rehabilitation Act of 1973

20 U.S.C § 1400 (2018). A law passed in 1975 that focused on providing proper support and resources for students with disabilities in any education related program or service. By being the first piece of legislation that protected the rights of students with disabilities, IDEA specifically created FAPE in section 20 U.S.C 1412 (2018) and IEPs in section 20 U.S.C. 1414 (2018).

The Individuals with Disabilities Act (IDEA) 

This is a monthly payment that is authorized and administered by the Social Security Agency. Individuals who qualify are people with limited income who are disabled, blind, or over the age of 65. Individuals who are blind or have a disability that are under the age 18 may also qualify for SSI. This is a means tested program because an individual must meet the requirements; there is no insured statuses, like Social Security, because the program is funded from the United States Treasury rather than a dedicated tax. 

Supplemental Security Income

This law changed the language that referred to people with disabilities in multiple pieces of federal legislation to reflect more inclusive terminology. 

Rosas Law (Pub. L. 111-256)

42 U.S.C. 3601 et seq. The Fair Housing Act prohibits discrimination by figures who provide housing or discriminatory practices that make housing unavailable or inaccessible based on race, religion, sex, national origin, familial status, and disability. 

Fair Housing Act 

42 U.S.C. §§4151 et seq. The ABA requires any buildings that have used federal funds in any relation must comply with accessibility standards. The United States Access Board will create minimum guidelines of accessibility, then four federal agencies are responsible for establishing and enforcing ABA guidelines in addition to the minimum requirements. 

Architectural Barriers Act (1968)

47 U.S. Code § 151-615b. Signed in 1996, this is one of the first major telecommunications pieces of legislation. Two sections of this act focus on inclusion of services for people with disabilities. 

Telecommunications Act of 1996

In 2002, Congress passed HAVA which intended to majorly reform voting and election processes in the United States. HAVA also created the U.S. Election Assistance Commission (EAC) which ensures that election facilities and officials comply with voting rights protections offered to individuals with disabilities.

Help America Vote Act (2002)

The 14th amendment states that schools are not permitted to discriminate on the basis of disability and that parents are also entitled to equal protection and due process rights. 

Fourteenth Amendment

Synergistic efforts from state and federal governments

This act encouraged attempts to expand education for those teaching children and students of disabilities. It is funded by institutional grants and additional state educational agencies. 

Public Law 85-926

The case of 7 children who had various disabilities and were refused enrollment into D.C. public schools

Mills v. Board of Education 

Grants students access to their educational records.

Family Educational Rights and Privacy Act of 1974 (FERPA)

Replaced the Workforce Investment Act of 1998 as the main piece of legislation providing federal support for job training. Additionally, this act updated the legal framework for the federal Vocational Rehabilitation program which is meant to assist individuals with disabilities in finding and maintaining jobs.

Workforce Innovation and Opportunity Act (WIOA)

- Musculoskeletal Disorders
- Special Senses and Speech
- Respiratory Disorders 
- Cardiovascular System 
- Digestive System 
- Genitourinary Disorders
- Hematological Disorders 
- Skin Disorders
- Endocrine Disorders
- Cogenital Disorders that Affect Multiple Body Systems
- Neurological Disorders
- Mental Disorders
- Cancer(Malignant Neoplastic Diseases)
- Immune System Disorder


Disability Evaluation Under Social Security

Board of Education v. Rowley (1982) was a landmark case that defined “free appropriate public education” (FAPE) seven years after it was first written into policy under the Education for All Handicapped Children Act (now IDEA). 

Board of Education v. Rowley

In 2017, the Supreme Court unanimously ruled that children with disabilities were entitled to more than “de minimis” of educational benefit under FAPE. This expanded the educational rights previously established under Board of Education v. Rowley. 

Endrew F. v. Douglas County School District

The 1979 court case *Larry P. v. Riles* highlighted a significant racial disparity in California's special education system: while Black children were only 10% of the student population, they comprised 25% of those in special education. The plaintiffs argued that the IQ tests used for placement were discriminatory due to racial and cultural biases favoring white students. The court ruled that these IQ tests could no longer be the sole factor for placing Black students in special education, a decision that prominently exposed the inherent limitations and potential for bias in standardized intelligence testing.

Larry P. v. Riles Court Case

- United States v. NCAA
- Southeastern Community College v. Davis

Disability Legislation Relating to Higher Education in America

The Americans with Disabilities Act (ADA) of 1990 is a key piece of U.S. legislation that prohibits discrimination against individuals based on their disability. The law is founded on the principle that people with disabilities are capable of making valuable contributions to organizations. A central requirement of the ADA is that employers must provide reasonable accommodations to help employees with disabilities perform their jobs, so long as these accommodations do not cause undue hardship to the employer.

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