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Journal Issue: Special Education for Students with Disabilities Volume 6 Number 1 Spring 1996

The Legislative and Litigation History of Special Education
Edwin W. Martin Reed Martin Donna L. Terman


  1. U.S. Congress, Committee on Education and Labor, Ad Hoc Subcommittee on the Handicapped. Hearings. Testimony of Dr. Samuel Kirk, director, Institute for Research on Exceptional Children, University of Illinois. 89th Cong., 2d sess., 1966.
  2. Weintraub, F., and Abeson, A. New education policies for the handicapped: The quiet revolution. In Public policy and the education of exceptional children. F. Weintraub, A. Abeson, J. Ballard, and M. LaVor, eds. Washington, DC: Council for Exceptional Children, 1976, pp. 7–13.
  3. U.S. Congress, Committee on Education and Labor, Subcommittee on Select Education. Hearings. Testimony of James A. Harris, president, National Education Association. 94th Cong., 1st sess., 1975.
  4. Public Law 34-5 (2/16/1857) An Act to Establish the Columbian Institute for the Deaf and the Dumb.
  5. Public Law 45-186 (3/3/1879) An Act to Promote the Education of the Blind.
  6. Public Law 85-804 (1958) National Defense Education Act.
  7. Public Law 85-926 (9/6/58) An act to Encourage Expansion of Teaching in the Education of Mentally Retarded Children through Grants to Institutions of Higher Learning and to State Educational Agencies.
  8. Public Law 88-164 (10/31/63) Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963.
  9. Public Law 89-10, 64 Stat. 1100(1965) Elementary and Secondary Education Act.
  10. Martin, E. Breakthrough for the handicapped: Legislative history. Exceptional Children (March 1968) 34:493–503.
  11. Public Law 91-229 (1970) Elementary and Secondary Education Act Amendments of 1970.
  12. Public Law 93-380 (1974) Education of the Handicapped Act.
  13. 42 U.S.C. 9835(d) (1995).
  14. Public Law 90-576 (1968) Vocational Education Amendments of 1968.
  15. Public Law 91-229 (1970) Education of the Handicapped Act, as included within the Elementary and Secondary Education Act.
  16. U.S. Congress, Committee on Labor and Human Resources, Subcommittee on Disability Policy, and Committee on Economic and Education Opportunities, Subcommittee on Childhood, Youth and Families. Joint Hearing on the Individuals with Disabilities Education Act, Part B. Testimony of Dr. John Brademas. 104th Cong., 2d sess., 1995.
  17. Brown v. Board of Education, 347 U.S. 483 (1954).
  18. Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania, 334 F. Supp. 1257 (E.D. PA 1971).
  19. Mills v. Board of Education, 348 F. Supp. 866 (1972).
  20. U.S. Congress, Committee on Education and Labor, Select Subcommittee on Education. Hearings. 93rd Cong., lst sess., 1973.
  21. Public Law 101-336(1990) Americans with Disabilities Act.
  22. Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60 (1991).
  23. Public Law 101-476 (1990) Individuals with Disabilities Education Act.
  24. Gerald R. Ford. Statement on signing the Education for All Handicapped Children Act of 1975. Public Papers of the President of the United States. Vol. II. Washington, DC: Office of the Federal Register, National Archives and Records Service, General Services Administration, 1975, p. 1935.
  25. Smith v. Robinson, 468 U.S. 992 (1984).
  26. The National Association of State Boards of Education. Winners all: A call for inclusive schools. The report of the NASBE Study Group on Special Education. Alexandria, VA: NASBE, October 1992.
  27. Fruchter, N., Berne, R., Marcus, A., et al. Focus on learning, a report on reorganizing special education in New York City. New York: New York University Institute for Education and Social Policy, October 1995.
  28. Martin, R. Is this where we came in? Learning Disabilities Association Newsbriefs (July/August 1995) 30,4:3–5.
  29. Code of Federal Regulations, Title 34, Subtitle B, Chapter III, Part 290.
  30. See Speilberg v. Henrico County Board, 853 F.2d 256 (4th Cir. 1988).
  31. Louis Harris and Associates, Inc. The ICD survey III: A report card on special education. New York: International Center for the Disabled, 1989.
  32. Zirkel, P. Special education: Needless adversariness? Phi Delta Kappan (June 1993)74:809–10.
  33. See Board of Education v. Rowley, 458 U.S. 176 (1982).
  34. Howard S. V. Friendswood Independent School District, 454 F. Supp. 634 (1978).
  35. Martin, R. Extraordinary children, ordinary lives: Stories behind special education case law. Champaign, IL: Research Press, 1991. See chapter 2.
  36. Daniel R.R. v. State Board of Education, 874 F.2d 1036 (5th Cir. 1989).
  37. Specifically, the IDEA's regulations recognize disruptive behavior by the disabled child as inappropriate (see note no. 29, Code of Federal Regulations). Even if the child is not disruptive, if the disabled child requires so much of the teacher's time (despite the use of supplementary services, such as a teacher's aide) that the rest of the class suffers, then, the court held, the balance will tip in favor of removing the child to a more restrictive environment.
  38. Sacramento City Unified School District, Board of Education v. Rachel H., 14 F.3d 1398 (9th Cir. 1994)
  39. Fuchs, D., and Fuchs, L.S. Special education can work. In Issues in educational placement: Students with emotional and behavioral disorders. J.M. Kauffman, J.W. Lloyd, D.P. Hallahan, et al., eds. Hillsdale, NJ: Erlbaum, 1995, pp.363–77.
  40. Baker, J., and Zigmond, N. The meaning and practice of inclusion for students with learning disabilities: Themes and implications from the five cases. The Journal of Special Education (1995) 29:163–80.
  41. Irving Independent School District v. Tatro, 468 U.S. 883 (1984).
  42. EdSource. Clarifying complex education issues. EdSource Report. Menlo Park, CA: EdSource, June 1995, p.8.
  43. Alamo Heights v. State Board of Education, 790 F.2d 1153 (5th Cir. 1986).
  44. Garland Independent School District v. Wilks, 657 F.Supp. 1163 (N.D.Tex. 1987).
  45. Code of Federal Regulations, Title 34, Subtitle B, Chapter III, Part 303.
  46. Office of Special Education Programs. Implementation of the Individuals with Disabilities Education Act: Sixteenth annual report to Congress. Washington, DC: U.S. Department of Education, 1994, p. 30.