Unit 12 Assignment 1

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

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.

The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) mandates that “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled”, and stipulates that “special classes, separate schools, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” (IDEIA, P.L. 108-446 [Sec. 612 (a)(5)(A)], 2004). Likewise, the No Child Left

The civil rights movement began to influence view about people with disabilities. Brown vs. Board of Education in 1954, the US supreme court ruled that it was unlawful under the fourteenth amendment to discriminate subjectively against any group of people. The court applied this to the education of children. Soon people with disabilities were acknowledged as another group whose rights had often been dishonored because of discrimination. Pennsylvania Assoc for Retarded Children v. Commonwealth (1972) This case resolved that schools cannot refuse to educate students, free public education must be provided to all students; this resulted in the principle of FAPE. Larry P. v. Wilson Riles (1986) Found that IQ tests cannot be used alone to determine if a student has an intellectual disability, tests cannot be racially biased; this led to the principle of Nondiscriminatory Assessment. Hendrick Hudson S.D. v. Rowley (1982) Found that special education services must deliver an appropriate education this resulted in Individualized education. Daniel R.R. v. State Bd of Ed (1989) Found that appropriate placement for students with disabilities depends on whether a student can be adequately educated in general education, this influenced the principle of LRE. Oberti v. Clementon S.D. (1993) Found that school districts must offer a full range of supports ad amenities and just because a student learns differently doesn’t allow that students exclusion from general education; this became the

In 1971, parents of children with disabilities and the Public Interest Center of Law for Pennsylvania filed suit against the Commonwealth of Pennsylvania. The case was the first of it’s kind with a goal of attaining free and appropriate education for all children including those with disabilities. The reasoning behind the court case was that by not allowing students with disabilities admission in to public school, the public schools were in turn violating student’s 14th amendment right to due process and equal protection under the law (Public Interest Law Center).

(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

Artifact number four will review a scenario in which a seasoned high school principal refuses a disabled student education due to extraordinary expense and a view that the school might not be the best placement for Jonathan. The topics discussed all pertain to Individuals with Disabilities Education Act (IDEA), Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Cedar Rapids v Garret, Board of Education v Holland, and Timothy v Rochester. The facts that will be reviewed in this information will be discussed which could be used to defend Young’s decision, but make sure that Jonathan’s rights are not being stepped on.

Federal special education Acts have progressed over time to insure that all children, including those with disabilities, have equal access to education. (Hardman & Dawson, 2008, p. 5) The factors that led to these important federal Acts are varied, but the civil rights movement played a role in ensuring that there were equal education opportunities for all children (Gargiulo, 2015, p. 42) (Hardman & Dawson, 2008).

There are numerous concerns of those who are currently debating the issue of free appropriate public education. One central concern is the cost of funding for educating a child with disabilities. It is known by all sides of the disagreement that it costs more to educate a student with a disability rather than a general education student. To be exact, “[the] average per student cost is $7,552 and the average cost per special education student is an additional $9,369 per student, or $16,921” (Background). The main concern is where to find the funding for this education. All the sides are focusing on trying to find a balance between what to provide as an appropriate education and what not to provide because it is extra and not fair to the general

There is a plan and a purpose, a value to every life, no matter what its location, age, gender or disability may consist of (Quote 1). School can be a challenging time for anyone at any age level. Having a disability, of any kind can make these challenges even more difficult to strive in the education system. Looking back on history, students recently just got legal rights to attend public schools in the mid 1970’s (Bowman & Jaeger 6). Now, people could only imagine how complicated it might have been to educate there children, while also having limited resources that could help the betterment of their disability. Even in the 1800’s, people with disabilities were thought to be “meager, tragic, pitiful individuals unfit and unable to contribute to society, except to serve as ridiculed objects of entertainment” to their peers around them (Vaughn 1). It was not until the case of Mills vs. Board of Education and Mattew vs. Cherry that establish legislation being put forward for student’s integration into public schools. By the 1970’s the Americans with Disability Act became a law to give equal right to individuals with disability to be employed, educated, and treated with dignity to society (Bowman & Jaeger 9). Special education is provided for students with disabilities in order to help them succeed. Everyone needs a little help in some areas and for some children with disabilities, school happens to be a big area. With there being so many different types of disabilities,

Every student deserves (and is allowed) to have a free public education. This includes children with disabilities, no matter how severe the disability. This policy state that if a state provides educational services to children without disabilities, the state must provide those same services to children with disabilities. The state is responsible for “locating, identifying, and evaluating all children, from birth to age 21, residing in the state with disabilities or who are suspected of having disabilities” (Six Major Principles 2013). No child is to be denied an education, according to IDEA.

It ensures such students a free access to adequate public education (FAPE), similar to that healthy children get (Seaver and DesGeorges 6). Schools are demanded to ensure special education in the least limiting environment, which means that schools have to teach children with disabilities in general education classroom. The primary objective is to give parents a voice in their child’s education. According the IDEA, any parent has some weight in the educational decisions the school takes about his child. At every moment of the process, the law gives a parent definite rights and

In the United States there has always been a proud sense of freedom. However, there are many situations in this free country that are still not free. Educational policy has been a difficult issue to address. Education wants to provide for all students, which most of the time means segregating students with certain needs so they can be individually met (Raines, 1996). “In short, society has improved their access to equal education by decreasing their freedom to associate with their peers without disabilities” (Raines, 1996, p. 113). In order to insure students with disabilities received and education the Individuals with Disabilities Education Act or IDEA was implemented in 1978. (Hasazi, Johnston, Schattman, & Liggett, 1994). However to prevent segregated classes the LRE or Least Restrictive Environment mandate was