According to the democratic theory postulated by Amy Gutmann, citizens should have the right to establish rules that govern educational policies at the national level. These policies should reflect continued scrutiny of the liberal principles of non-repression (education cannot prohibit deliberation regarding a particular set of rational ideas) and non-discrimination (parents nor educators may espouse practices that might dissuade children from take part in democratic education). It is important to underline that the discretion of these citizens should be constrained by the fundamental principles of non-discrimination and non-repression. The focus should be on the field of special education and its historical context, along with the many aspects of non-discrimination. Therefore, I hope this article provides students, parents, and educators with knowledge and insight into the issues, such as court cases, surrounding nondiscrimination and its key ideologies in the field of special education reform. To understand how special education reform emerged, we must think back to some of the earliest U.S. federal laws designed to assist people with disabilities. Specifically, there was a federal law passed by the Fifth Congress dating back to 1798. This law authorized a Maine hospital service, later known as the Public Health Service, to provide medical services to disabled sailors (Braddock, 1987). Unfortunately, until World War II there were only a handful of federal laws that could assist people with disabilities. Only war veterans with service-connected disabilities were eligible to receive assistance (NICHY, 1997). This assumed that, for almost all of the history of the United States, institutions, i.e., schools, were permitted… middle of the paper… decided that all students, including those with disabilities, be provided an education financed by the state. . The court also ruled that the school board distribute its funds equitably so that all children receive a free and appropriate education. Finally, the court ordered the board to provide due process safeguards should the school attempt to alter a child's educational status, such as reassignment, transfers, suspension, and expulsion. In response to the landmark cases clarified above, particularly PARC and Mills, and upcoming litigation, Congress has begun to pass new laws to further increase the rights of students with disabilities. These new laws, in particular, used many of the legal principles that had been incorporated into previous cases in that students would be entitled to a free and adequate public education..