Special Education Law Video Analysis

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.

The two important court rulings were the Pennsylvania Association for Retarded Children v. The Commonwealth of Pennsylvania in 1971 and Mills vs. The Board of Education of the District of Columbia in 1972 (ERIC Clearinghouse, 1998). These court decisions showed that “the responsibility of States and local school districts to educate individuals with disabilities is derived from the equal protection law of the Fourteenth Amendment of the United States Constitution.”(ERIC Clearinghouse, 1998, n.p.)

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

1940’s, 1950’s and 1960’s, there was change in society’s attitudes toward people with disabilities. In the 1940s, children with learning disabilities were shown to be different from children who were disabled by researchers such as Alfred Strauss. In the Brown vs. Board of education court case in 1954, led the way to a growing understanding that all people, regardless of race, gender, or disability, have a right to public education. In 1960s, Samuel Kirk began to use the term specific learning disabilities to differentiate students with learning disabilities from the much larger group of students who were low achievers or mentally disabled. In 1960s,

When children with disabilities were denied access from the public school system, they were taught separately from the general population and were placed in isolated special education

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

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.

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

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

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 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).

Today’s society is different in its thinking when dealing with people with disabilities. There had to be many changes made in its labeling, and approach when dealing with people who may have physical/mental differences. The ostracize behavior that people were known to disturb in society has changed a great deal, due to the many federal laws that have been put in place to insure the well-being of people that have disabilities. In 1972, one very well-known case is Mill vs Board of Education of the District of Columbia this case address how the constituted rights of students were not being meet by not providing them with a public education.” Many disabled children had been excluded from public education prior to 1975,24 Congress, through the Act, sought initially to set up a process by which states would find children in need of educational services and bring them into the system”(Kotler, p.491,2014).

Rules, regulations, and federal laws for special education have improved as the years have gone by. This essay will indicate how educators teaching special education must comprehend the mandates of the Individual with Disability Act (IDEA), student and parental rights. This essay will also explain how court cases (past and present) and IDEA has given special education students the ability to receive a Free Appropriate Education (FAPE). My interview with Ms. Patricia Pritchett, Coordinator of Special Education in DeKalb County School District, was able to give me information and guidelines in reference to their county procedures and policies for the special education department. The interview with Ms. Pritchett gave me insight as to special education legal framework and how the constant changes that affects students with disabilities and regular education students.

Prior to 1975, public schools had the right to deny any student with disabilities access to school, and

There have been many changes in education over the last twenty seven years, especially in the area of Special Education. There has been constant revisions of the laws both at the government level and at the state levels. With each revision comes new hope for students who have disabilities. Being part of these experiences have helped in leading others through this profession. Through shared visions and inclusive actions by parents, administrators, advocacy groups, and more, students with disabilities continue to gain more chances at opportunities to live very productive lives. These advancements are, in large part, due to people willing to sacrifice time and energy promoting student rights. Going through the different experiences in this field, how situations are handled, continues to change, and for the most part, they change for the better. This could be due to different advocacy agencies campaigning on how the needs of the students come first.