Landmark Cases
In both PARC and Mills the judges struck down local laws that excluded
children with disabilities from schools. They established that children with a disability have a right to a public education and access to an education.
Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania (1972)
and
Mills v. Board of Education of District of Columbia (1972).
the Court vacated the judgment of the United States Court of Appeals for the Tenth Circuit and held that the proper standard under the IDEA "is markedly more demanding than the 'merely more than de minimis' test applied by the Tenth Circuit." As the Court stated, “[t]he goals may differ, but every child should have the chance to meet challenging objectives.”
Chief Justice John Roberts
schools must provide students an education that is "reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances."
Individuals with Disabilities Education Act ("IDEA"),
●not a place, but a principle that every CWD must be educated in the general education setting to the “maximum extent appropriate”
●special classes, separate schools or removal from the general education class should only happen when the student’s disability is so severe that supplementary aids and services can’t provide him with an appropriate education
LRE
●Child Find
●State assessments
●Over-identification of minority groups
●Medication
Section 1412
Amy Rowley was a bright first grader who was also deaf. While the school district initially decided to fund an interpreter to attend class with Amy they later changed their mind. The parents took the District to due process and lost so they continued their fight to the federal courts. The parents won in the U.S. Courts and later the U.S. Court of Appeals. The District appealed to the Supreme Court.
Board of Education of Hendrick Hudson Central School District v. Rowley, (1982).
definition of related
services.
Irving Independent School District v. Tatro (1984).
which bars a handicapped individual from being excluded from or denied the benefits of a program that received federal funds.
Rehabilitation Act of 1973
●Family Educational Rights and Privacy Act
●Rights of parents
●Written permission to release information, with exceptions
●Doesn’t apply to “directory” information (i.e. name, address, dates of attendance, etc)
●Parents/students can “opt out”
●Rights of parents transferred to student at age 18 (age of majority)
FERPA
●Parents rights during initial evaluations
●Re-evaluations
●Evaluation procedures
●Independent evaluations
●Transition, post-secondary outcomes
Section 1414
This ruling gave the parent a right to reimbursement of private school tuition in certain situations. If the School District’s offer didn’t meet the definition of FAPE, and the parent’s private school placement did provide FAPE, then the parents could get reimbursed.
Burlington School Committee v. Massachusetts Department of Education (1985)
It removed a school’s unilateral authority to suspend or expel a student
with an IEP for more than 10 days unless there is evidence of weapons, drugs, or serious bodily injury. The court indicated that 10-day suspensions are designed to serve as a “cooling down” period during which officials can initiate IEP review and seek to persuade the child’s parents to agree to an interim placement. And in those cases in which the parents of a truly dangerous child adamantly refuse to permit any change in placement, the 10-day respite gives school officials an opportunity to invoke the aid of the courts…to grant any appropriate relief.
Honig v. Doe 484 U.S. 305 (1988)
●Have a disability and, as a result of that disability…
●Need special education in order to make progress in school
2-Pronged Test
●ADA - Americans with Disabilities Act
●Covers all aspects of public life (lifespan)
●It is a civil rights law
●Protects individuals with physical or intellectual exceptionalities
●Prohibits discrimination in all aspects of public life
●Provided through section 504 of ADA
504
This handbook is the regulatory guide for pupil appraisal personnel when conducting individual evaluations of students suspected of being exceptional and in need of special education and related services, and as a reference for persons requiring specific information regarding the determination of eligibility for special education services. The reference to an exceptionality includes any disability term as well as gifted and talented.
Bulletin 1508
Is the most significant court case concerning the interpretation of the Individuals with Disabilities Education Act.
Board of Education v. Rowley
The Supreme Court once again looked at related services and decided cost is not a factor.
If the related service necessary to attend school and doesn’t meet the medical exception test, the school must provide the service.
Cedar Rapids Community School District v. Garret F., 526 U.S. 66 (1999)
To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living and to ensure that the rights of children with disabilities and parents of such children are protected…
Section 1400
On the basis of such cases as Hudson v. Rowley (1982), the courts have determined that “appropriate education” means that
learners with disabilities will have the same achievement opportunities as peers
Participation in Statewide Assessments
LEAP Alternate Assessment
Bulletin 1530
The case involved Amber Tatro, who was born with spina bifida.
Irving Independent School District v. Tatro (1984).
Which of the following is an accurate statement about what IDEA requires for any IEP?
The IEP must be in effect before special education services or related services are provided.
●to receive federal funds, states must provide assurances to the USDOE that they have policies and procedures in place to ensure that all CWD (child/ren with disabilities) receive a FAPE.
●The right to a FAPE extends to CWD who have been suspended or expelled from school.
●FAPE
Which of the following is legally required to initiate a formal evaluation for a student suspected of having a specific learning disability?
Signed parental permission
Section 504 of the Rehabilitation Act of 1973 provides students who attend a school that receives federal funds with protection against which of the following?
Discrimination based solely on an individual’s disability