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Special Education: Civil Law, Litigation & Special Education Law
Transcript of Special Education: Civil Law, Litigation & Special Education Law
"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
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
Elementary and Secondary Education Act of 1965 (ESEA)
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
Education for All Handicapped Children Act (1975)
Procedural Due Process
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
Federal funds authorized
Amendments to the Early Intervention Part of IDEA
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
More Substantial Changes
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
Smith v. Robinson
Remember the cycle of legislation & litigation
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
Contagious Diseases - what constitutes a substantial risk?
Special Concerns cont’d.
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
Section 504 - Points to remember
Other concerns regarding 504