Brown v. Board of Education , 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
This was a landmark case held by the US Supreme court. In the 1960s, racial segregation was, and children with disabilities were treated unequally in public schools. The state had formulated policies to have separate education facilities for the disabled especial blacks from whites. The policy posited that it was not a violation of the rights to education as long as the schools offered equal services. The grounds that motivated the Plaintiff were that establishing separate education facilities was a decoy to continue with racism and unequal treatment. Justice Warren E. sting in Kansas ruled that this was a violation of the constitution especial the equal protection clause and the Fourteenth Amendment. Significantly, this achieved special education integration and federal funding and established legislation and special institutions. Prior to this case, special education programs were not available.
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P.A.R.C v. Pennsylvania, 343 F. Supp. 279 (E.D. Pa. 1972)
Pennsylvania Association for Retarded Citizens (P.A.R.C) brought up a matter against the Commonwealth of Pennsylvania that the State had legislated laws that allowed public schools to deny free education to children over eight years on the grounds that they had not attained ‘a mental age of 5 years' or had mental retardation. Placing reliance on the decision in Brown v . Board of Ed , Justice Adams, Broderick J. and Justice Masterson sitting in Pennsylvania Eastern District Court ruled that the restriction against children of that age was a violation of their rights to education. Significantly, this landmark case created a foundation and structure for disabled children rights. The federal government stepped in to fund programs that support disabled children for free public education. Today there are myriad of laws that provide protection for disabled children.
Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.C. 1972)
In 1972, Mills was aggrieved by the activities by the education board of Columbia district that aimed at denying disabled children a right to education. The board had failed in its responsibilities to provide educational facilities and programs for children who showed abnormal mental behaviors and disabilities. The Defendant argued that as much as this was its responsibility, it still lacked funds. The Supreme Court in dismissing the Board’s argument stated that the Board had violated children’s rights to education as its obligatory requirement. The court went further to state that lack of funds is not an excuse. The little funds available should be utilized equally and equitably to fit the needs of all children. In adopting and implementing this ruling, the federal government legislated laws that ensured that there is proper educational facilities and programs for children with disabilities. Consequentially this positively boosted special education trends in the country.
In conclusion, it is notable that during the 1960s, children with disabilities in the United States were not treated equally as other children. This was in terms of basic needs and services such as access to good education. This perpetuated several court battles and cases aimed at fighting for the rights of disabled children in schools. Significantly, after the positive ruling in the landmark cases, it is evident that there is a significant change felt in aspects of special education. The federal government has legislated laws such as Individuals with Disabilities Education Act. Similarly, other institutions and organizations extensively sponsor special education.
