Right To Education Essay

1191 Words 5 Pages
In 1954, the United States Supreme Court delivered the decision in one of the most controversial, pivotal educational and societal cases in American history, Brown v. Board of Education of Topeka, 347 U.S. 483. This landmark Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional. This ruling appeared to apply to all minority groups of children as well as the common practiced racial segregation of the current time period. “The Brown decision led the way to a growing understanding that all people, regardless of race, gender, or disability, have a right to a public education.” However, more groundbreaking legal decisions and bold legislation would be needed …show more content…
For parents, advocacy is characterized by “politics of passion,” as the stakes are high and a decision has direct impact on the well-being of the child and the family. By 1973, 27 right-to-education lawsuits were pending or a decision had been recently rendered in 21 states. These cases were brought forward by groups of youngsters and their families. Most cases argued that denying access to schooling was a violation of due process of law under the U.S. Constitution. Public Law 94-142 grew out of the courts, namely the Pennsylvania Association of Retarded Citizens (PARC) and Mills cases. Before November 29th, 1975, the United States educational system only provided services deemed necessary or appropriate to one in every five American children with disabilities. This was a special case as most states at the time had laws discriminating against certain disabilities such as mental retardation, blindness, and deafness. However, on that November day, the 94th Congress of the United States of America enacted Public Law 94-142 also commonly known as the Education for All Handicapped Children Act of 1975. Public Law 94-142 is actually an amendment to Part B of the Education of the Handicapped Act. The original legislation was enacted in 1966. Like the 1966 law, P.L. 94-142, is administered by the U.S. Office …show more content…
Most importantly, each student with special needs must be provided an education in their least restrictive environment (LRE) whether institution, private day school, or variety of public school options such as special education classroom or general education classroom. P.L. 94-142 requires each student to have an annual Individual Education Plan (IEP); a way to set goals and monitor

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