Landmark Civil Rights Cases In Special Education

There are a number of landmark court cases of special education in the country that have become the basis of how we currently provide services to students with disabilities. Diana v. California State Board of Education (1970) and Larry P. v. Riles (1984) are two of these landmark court cases that highlight nondiscriminatory assessments. Below is the analysis of the two court cases in four major sections: The Legal Cases, Summary, Future Practice, and Comparison and Contrasts.

Placement decisions related to students with disabilities is an issue that arises from providing a free, appropriate public education (FAPE) and the least restrictive environment (LRE). While FAPE and LRE are not new requirements, the Individuals with Disabilities Educational Act (IDEA) continues to be open to interpretation and implementation of the mandates (McGovern, 2015). A student’s least restrictive environment is the setting where the student can be integrated with his non-disabled peers. IDEA requires that students with disabilities be educated in the most integrated, least restrictive environment (Carson, 2015); however, this is where the grey area enters. The interpretation of what the least restrictive environment is, depends

Throughout the ages, people with disabilities have been hidden away at homes or institutions and were often not educated. This was common practice and as such, when the education system was designed, children with disabilities were not even considered. Then, starting soon after the civil rights movement in the 50’s, a series of lawsuits was brought against school boards and the federal government took notice. Then the Education for all Handicapped Children Act of 1975 was passed and these children were finally allowed the education they deserved. As time went

LRE stands for Least Restrictive Environment, which is children with disabilities are to be educated, to the maximum extent appropriate, with students without disabilities. This can mean anything from full inclusion to self-contained classroom.

“to the maximum extent appropriate” and provides that “when the nature or severity of the handicap is such that education and regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” the student may be removed to a special education environment. (Beare, P., & Torgerson, C. , 2009, pg. 7)

This week’s readings discussed consequences for special education students. It was very interesting to see the different court case rulings for each case. Teachers, administrators and parents need to make sure they have everything accurate when taking a case like many of these to court. In this paper I will discuss the five key points in the articles and readings stood out to me the most, how and if my beliefs changed or were altered, and how I might apply the content to the classroom and instruction.

Early national period, permits monitorial schools, religious organization, and free school societies to fill the space before state systems came about. Laws were given for a vast amount of sovereignty to be delegated to local school boards while financial support largely depended on local property tax (Pulliam & Van, 2013). With these conditions, it was normal for districts authorities to maintain power and more control by the state. Pulliam & Van (2013) stated back in the early national period, Henry Bernard and Horace Mann constructed their personal state school system without seizing the policy making power of boards of education. During the World War II, the customs of local autonomy have caused conflict with state legislatures. Currently, state governments and departments of education have a more vigorous role in teachers’ certification, creating lists of appropriate course materials and even directing the curriculum (Pulliam & Van, 2013). Multiple states

Special education is a relatively new concept in education. The question is why? Although, the Federal Government required all children to attend school since 1918, this did not apply to students with disabilities. Many state laws gave school districts the ability to deny access to individuals they deem “uneducable.” The term “uneducable” varied from state to state, school to school, and even individual to individual. If students were accepted into the school, they were placed in regular classrooms with their peers with no support or in classrooms that were not appropriate to meet their needs. This started to change with the Civil Rights Movement in the 1950s and 1960s. The lawsuit Brown vs the Board of Education sued to end segregation of public schools laid the ground work for Individuals with Disabilities Act. The next major impact in education was the enactment of Elementary and Secondary Act signed into effect by President Lyndon Johnson in 1965. The purpose of this law was to provide fair and equal access to education for all, established higher standards, and mandated funds for professional development, resources for support education programs, and parent involvement. Under this law, programs like Head Start were created and celebrated their 50th anniversary this year. Despite additional federal funds and mandatory laws, children with disabilities were unserved or underserved by public school due to loop holes with in the law. Many more lawsuit followed Brown vs

d) In the legal expert’s opinion, are there any elements of special education law that need refinement? Explain.

People with disabilities have long suffered from discrimination and segregation. In the 1880, people with hearing, visual, physical, mental or emotional impairments were sent to be educated in residential institutions or asylums. ("Issues about Change) Parents and family of those with disabilities put pressure on our government and legislation to develop and provide equal access to education by way of mainstreaming or special education. Section 504 of Public Law 93-112 passed in 1973 had far reaching effect on exclusion and discrimination. (Gollnick and Chinn p. 168) This law did for those with disabilities that Title IX did for females and education; it provided access and participation in regular education and extracurricular

Special education has changed in many different ways throughout the last century. The views of they way students with differences should be taught and treated have changed as people have become more open minded. The education laws have also seen a turn about. One major area of education was in a desperate need of changed opinions and beliefs.

As we grow in education, it always seems as in there is someone that is left behind. Educators need to be able to reach out as many students as possible, but some may argue that it does not feel this way. Often, students with special education needs are considered to be too difficult to teach, or simple just a “lost cause.” The way we interact and care for all students not only shows in each student, but it shows in the impact it has on the community as a whole.

The first positive change is the compulsory education laws, which gave every child the chance to be educated (Yell, Rogers, and Rodgers, 1998). Before this time many children were left uneducated and did not have the skills to make a decent living. Another important change was Supreme Court Case Brown vs. Board of Education. This gave minorities equal rights in education. This was the cornerstone of the reforms in special education (Yell et al, 1998). Soon after this case there started the movement that children with disabilities should have the same rights to education as their peers. Another positive change was, the White House Conference in 1910. One goal of the conference was to establish special programs for children with special needs.

Former Education Secretary Arne Duncan said "The undeniable truth is that the everyday educational experience for many students of color violates the principle of equity at the heart of the American promise. It is our collective duty to change that" (Ed.gov, 2012). This was in response to the U.S. Department of Education 's Office for Civil Rights (OCR) findings reporting that minority students across the U.S. face tougher discipline, have less access to rigorous high school curricula, and are more often taught by lower-paid and less experienced teachers. This inequality has been echoed on the field of special education where ethnic and racial disproportionality has been an issue

If these students were placed in a regular classroom, they were often functionally excluded, when no support was provided for the child or the teacher. In addition, many students were misclassified following inaccurate assessment, placement or tracking. These past practices have been deemed in violation of a student’s constitutional rights. As a result, IDEA now requires that the educational program that is developed by the IEP team provide the child with opportunities in the least restrictive environment (LRE). LRE is the most normal setting that is possible for the student. The team should take several things into consideration when making this determination. First, they must compare the benefits in the regular class and the benefits in the special class. The U.S. Court of Appeals determined that the appropriateness of placement in the regular classroom is not dependent on the student’s ability to learn the same things the other students learn in the regular classroom. The benefit of social interaction should also be taken into account. Second, consideration should be given to the potentially beneficial or harmful effects that placement in the regular classroom may have on the students involved. Finally, cost should be considered when determining the appropriateness of student placement.