The Evolution of Access to Education Through Landmark Legislation, Court Cases, and Policy Initiatives Setting Precedent for The Gary B. Court Decision

Abstract

Access to education for all students has been long sought. Once defined as physical access a school building, the concept of access has evolved since Brown v. Board of Education. The purpose of this policy review, conducted through archival research, is to examine the evolution of access to K–12 education for all students, with an emphasis on students with disabilities who are general education students first, to understand the implications of the 2020 U.S. 6th Circuit Court of Appeals Gary B. vs. Whitmer decision. For the first time, a federal court ruled that the constitution affords all students “a fundamental right to a basic minimum education.” Specifically, the evolving concept of access to education for all students including students with disabilities across (a) the school building, (b) curricular opportunities, (c) education outcomes, and (d) a college- and career-ready curriculum is outlined using landmark K–12 federal education legislation, court cases, and policy initiatives. Taken together, a basic minimum education includes access to challenging academic learning objectives, an emphasis on literacy, provision of educational materials of sufficient quantity and quality, and an adequate teacher workforce. Meeting these expectations assures genuine access to a public education for all students.