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Special Education: Civil Law, Litigation & Special Education Law

History Review
by

Betty Nelson

on 12 August 2014

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Transcript of Special Education: Civil Law, Litigation & Special Education Law

Three Factors that lead to
PL 94-142
"The Education for All
Handicapped Children's Act"

Civil Rights Movement &
Civil Rights Laws

14th Amendment to the U. S Constitution (1868)

Brown vs. the Board of Education 1954
"In these days, it is doubtful that any
child may reasonably be expected to
succeed in life if he is denied the
opportunity of an education. Such an
opportunity, where the state has
undertaken to provide it, is a right that
must be available to all on equal terms.”
Chief Justice Earl Warren
Civil Rights Movement
Section 504 of the Rehabilitation Act of 1973

American with Disabilities Act 1990

Section 508 of the Rehabilitation Act of 1992

http://atto.buffalo.edu/registered/ATBasics/Foundation/Laws/civilrights.php#504
Litigation
PARC v. COMMONWEALTH OF PENNSYLVANIA

Provision of educational programs for ALL students with mental retardation (access)

Ruled that parents have the right to a hearing when they are dissatisfied with their child’s placement (Due Process)
MILLS v. DISTRICT OF COLUMBIA BOE

Expanded the ruling to include all student with disabilities and created a zero reject policy

Refused to allow schools to claim fiscal inability as an excuse for not providing appropriate services

Further outlined what due process would entail
DIANA v. STATE BOARD OF EDUCATION (1970)

Parents of Spanish-speaking students filed suit

Result required nondiscriminatory
assessment and testing of students
in their primary language
LARRY P. v. RILES (1972)

Result was a ruling that intelligent tests could not
be the sole basis for special education placement

That tests must be developed and administered which are not culturally biased
Education Laws
Elementary and Secondary Education Act of 1965 (ESEA)
Desegregation
Lyndon B. Johnson 1964
agenda - social reform: the Great Society
Purpose: improve the education for "poor" children
Title I, II, III schools
Emphasized "equal access" to all students
P.L. 94-142
Education for All Handicapped Children Act (1975)
FAPE
Zero Reject
Nondiscriminatory Assessment
Procedural Due Process
Parental Participation
Individual Education Plans/Programs
Least Restrictive Environment
Infant and Toddlers with Disability Act
provided monies to states for provision of early intervention services to the 0 - 3
extended provision to the 3-5 preschool age child
Handicapped Children’s Protection Act
Parents who prevailed in a due process hearing or a lawsuit could recover attorney’s fees.
1986 - first amendment
Part C the Infants and Toddlers with Disabilities
Transition from EI to preschool was formalized
IFSP instead of an IEP
Service Coordination
Federal funds authorized
1991
Amendments to the Early Intervention Part of IDEA
1990
Handicapped --> Disability

Two categories were added: traumatic brain injury and autism

Assistive technology and rehabilitation services were added
and clarified as related services

Transition plans for all students with disabilities age 16 and older were mandated*
Annual goals and benchmark/objectives on the IEP were required to be measurable
IEP was expanded to include a general education teacher
Students with disabilities were included in state and school-district assessments of achievement, and this decision-making process became part of the IEP
Mediation was required to be offered by all states on a voluntary basis
Specific discipline procedures were added to protect the rights of students with disabilities, and to maintain safely and security in the schools
Focus on access to the general curriculum
Increased in parent involvement
1997
More Substantial Changes
2004
and more changes
The IDEA was renamed the “Individuals with Disabilities Education Improvement Act”.
Many references were made to the NCLB Act in an effort to emphasize “outcomes” over “access” and academic achievement of all students.
Complaints that could lead to a due process hearing were given a statute of limitation of 2 years before the date the parent of school district knew or should have know about the alleged violation of the law.
Discipline procedures were simplified
Informal dispute resolution strategies were strengthened and agreements were to be legally binding
What About NCLB?
Litigation v. Legislative Cycle
Litigation
PARC v.PA
1972
Legislation
P.L. 94-142
1975
Litigation
Smith v. Robinson
1984
Legislation
Handicapped Children
Protection Act
1986
Remember the cycle of legislation & litigation
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Further the rights of Section 504
Private employers and commercial businesses serving the public are now obligated not to discriminate again persons with disabilities
Examples include, private school, day care centers and all states and local government agencies even if they do NOT receive federal funds
Americans with Disabilities Act
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Contagious Diseases - what constitutes a substantial risk?
AIDS
Hepatitis B
Privacy Rights
Special Concerns cont’d.
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Sutton vs. United Airlines (1999)
Ruling: That if with corrective measures, including devices and medications, an individual’s physical and mental impairment does not substantially limit a major life activity, the individual does not have a disability under ADA

Montalvo vs. Radcliff (1999)
HIV - private vs. group karate instruction
Interpreting Who is Protected
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Section 504 - Points to remember
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Cost issues
Discipline
Due Process
Test accommodations
Transportation
Medication
Nonacademic services
Program accessibility
Other concerns regarding 504
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Full transcript