Special Education Court Case Study

In the field of special education there have been several court cases and laws that have shaped the way that children with special needs are educated in our country. Each one has added to the changing face of education. One court case that brought assessment to the forefront was Larry P. v. Riles in 1971. Jose P. v. Ambach was also instrumental in changing the area of special education assessment.

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.

This case was a very significant ruling for special education evident with numerous studies positing that the ruling of this 1982 case was perhaps the most important special education decision by the Supreme Court and to this day, continues to have a profound effect on the education of students with disabilities. Additionally, this was the first time that the Supreme Court had to interpret portions of the Individuals with Disabilities Act (IDEA 1990), which was then the Education for All Handicapped Children Act (EAHCA) as it relates to what constituted a free and appropriate education (FAPE) in the least restrictive environment (LRE).

There have also been landmark court cases like Brown v Board of Education and Pennsylvania Association for Retarded Children v. Pennsylvania (PARC) which as a result set the wheels in motion for special education reform. The Education for Handicapped Children Act of 1975 was amended and renamed the Individuals with Disabilities Education ACT (IDEA) in 1990, has had the greatest impact on special education in public schools. When the law was originally passed in 1975 it required all school districts that accepted federal funds to provide disabled students, ages 5-21, equal access to an education in the least restrictive (LRE) setting possible. Schools were to also disperse funds equally among all students and provide free of charge, the necessary

The case of Brown v. Board of Education (1954), found that education was an important function. The courts viewed education as playing an important role in the future of the United States and since states chose to provide it, education then is a right that must be available to all on equal terms ( (Murdick, Gartin, & Fowler, 2014). The question of equal terms has been an uphill battle for families that have children with disabilities. There were many acts that addressed educational issues of children with disabilities. The elementary and Secondary Act of 1965 was created to improve education for children that were disadvantaged and it expanded funding. 1974 Education of the Handicapped

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

In the early 1970’s parents of students with disabilities went to federal court when their local school districts did not provide services to meet their children’s educational needs. In Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania (1971), a Pennsylvania court ruled that all children, regardless of disability, have a basic right to an education under the Fourteenth Amendment. In Mills v. Board of Education of the District of Columbia (1972), a federal court ruled that the District of Columbia schools could not exclude children with disabilities from the public schools. Cases like this focused public attention on the issue of educating children with disabilities. The social and political pressure then resulted in landmark federal legislation to address the educational rights of these children.

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.

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

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

Education in the United States has had a reputation of un-uniformity and mistreatment of certain groups especially students with disabilities. However, the recent past has yielded some advancement. Federal legislation has put into place three major laws that have lead to better treatment and higher quality education of students, especially those with disabilities. These laws are the Individuals with Disabilities Education Improvement Act, Section 504 of the Vocational Rehabilitation Act, and No Child Left Behind. Together these laws have formed the current education standard in the United States providing for better education for all students.

(USA Today, 2015) There are many different essential points, in the article named, “The History of Special Education Law” by Pete Wright, esq. In reading this article, there are several landmark court cases that were implemented for all disable students. There are three main landmark court cases that affected the outcome of special education students. The Supreme Court Brown v. Board of education (1954), established rights for African-American students have equal educational opportunities rights not to have segregated school in the public educational school system. In addition, the Pennsylvania Assn. For Retarded Children v. Common wealth of Pennsylvania(PARC) and Mills v. Board of Education of District of Columbia presented separation of students and parental participation of parents' involvement of discipline of students in the school system. Equally important are the laws that were established to enforced standard of court cases such as: “The Public Law 94-142: and The Education for All Handicapped Children Act of 1975”, which constituted to

Until that time, many states had laws that excluded children with certain types of disabilities from attending public school. These included children who were blind, deaf and children labeled "emotionally disturbed" or "mentally retarded." Many of these children lived at state institutions where they received limited or no educational services. Having a disability does not automatically qualify a student for special education services under the IDEA. The disability must result in the student needing additional or different services to participate in school. For example, a child who is diagnosed autistic. Children with disabilities who qualify for special education are also automatically protected by Section 504 of the Rehabilitation Act of 1973 and under the Americans with Disabilities Act (ADA).

The Public Law 94-142 is the landmark legislation that affected special education. Public Law 94-142 changed its legislative title which resulted from the enactment of Public 101-476 on October 30, 1990, to The Individuals with Disabilities Education Act (IDEA). IDEA is also known as the "Bill of Rights" for children with exceptionalities and their families. This law is the most important pieces of the federal legislation ever passed on behalf of children with special needs.

Students with disabilities have always faced scrutiny in society and sometimes even in their family. With the passing of various laws, people have begun to view students with disabilities in a different light. The passing of Section 504 of the Rehabilitation Act (1973), help prevent discrimination against persons with disabilities. The Individuals with Disabilities Education Act (IDEA) guaranteed the right for students with disabilities a free and proper education, with special funding to ensure that these students are granted this education. Legislation and litigation has influenced the education of students with disabilities tremendously. The 1954 Supreme Court case, Brown v. the Board of Education, lead the movement in schools taking responsibility to teach all children, and allowed for all students to have an appropriate education. Other Supreme Court cases such as, Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania and Mills v. Board of Education, Washington, D.C., are known for their efforts to ensuring free and appropriate education for students with disabilities. Throughout the years even though special education laws have been passed, courts have played a continuous role in interpretation and enforcement of mandating the rights of persons with disabilities. The United States Legislation has taken steps to recognizing the rights of persons with disabilities. During the Civil Rights movement sparked the interest of the rights of disabled