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Bill of Rights (The Constitution)
I. Freedom of Speech, Press, Religion and Petition II.Right to keep and bear arms III.Conditions for quarters of soldiers IV.Right of search and seizure regulated V.Provisons concerning prosecution VI.Right to a speedy trial, witnesses, etc. VII.Right to a trial by jury VIII.Excessive bail, cruel punishment IX.Rule of construction of Constitution X.Rights of the States under Constitution -
11th Amendment
11th Makes states immune from suits from out-of-state citizens and foreigners not living within the state borders; lays the foundation for sovereign immunity. -
13th Amendment
13th Abolishes slavery, and involuntary servitude, except as punishment for a crime. -
Civil Rights Act of 1866
Congress made it illegal to discriminate agains individuals on the basis of prior servitude, race, or color. -
14th Amendment
14th Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues. -
15th Amendment
15th Prohibits the denial of the right to vote based on race, color, or previous condition of servitude. -
Plessy v. Ferguson
The Supreme Court delcared it was legal to segregate individuals and have separate facilities so long as they are equal. -
Council for Exceptional Children (CEC) Founded
In the summer of 1922, a group of students attending the Teachers College at Columbia University organized a meeting to discuss ways to promote fellowship among educators as well as a means of exchanging ideas among workers in special education. The students invited Elizabeth Farrell, their professor, to attend this meetingat which the International Council for the Education of Exceptional Childrenwas founded, and later became known as the Council for Exceptional Children. -
Cuyahoga Council for Retarded Children founded
The Council for the Retarded Child in Cuyahoga County Ohio was founded in 1933 to assist children of the area who had been excluded from the public schools. -
National Association for Retarded Citizens (The ARC) Founded
Several factors appear responsible for the establishment of ARC: (1) widespread exclusion from school of children with IQ’s below 50; (2) an acute lack of community services for retarded persons; (3) long waiting lists for admission to residential institutions; (4) parental dissatisfaction with the conditions in many state institutions; (5) the vision of leaders who believed that mutual assistance could bring major benefits in public relations, exchange of information -
Brown v. the Board of Education
“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- -Chief Justice Earl Warren- -
President Kennedy's Influence
JFK made mental retardation a priority for his new administration - formed the.Panel on Mental Retardation. In 1968, Eunice Shriver founded the Special Olympics. Anthony Shriver co-founded Best Buddies, an organization that creates opportunities for people with intellectual and developmental disabilities. -
The Elementary and Secondary Education Act of 1965
The most expansive federal education bill ever passed to date, on April 9, 1965, as a part of President Lyndon B. Johnson's "War on Poverty." Provided a comprehensive plan for readdressing the inequality of educational opportunity for economically underprivileged children. It became the statutory basis upon which early special education legislation was drafted. It was the first Federal grant program specifically targeted for children and youth with disabilities. -
Tinker v. Des Moines Independent Community School District
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights. -
Mills v Board of Education
The school district admitted that an estimated 12,340 children with disabilities would not be served during the 1971–72 school year because of budget constraints. The U.S. District Court ruled, in a pretrial hearing, that school districts were constitutionally prohibited from deciding that they had inadequate resources to serve children with disabilities because the equal protection clause of the Fourteenth Amendment. Also extended rights to students with mental illness. -
PARC v. The Commonwealth of PA
This seminal case contested a state law that specifically allowed public schools to deny services to children "who have not attained a mental age of five years" at the time they would ordinarily enroll in first grade. Under a consent decree, the state agreed to provide full access to a free public education to children with mental retardation up to age 21. Also established the standard of appropriateness - that each child be offered an education appropriate to his or her learning capacity. -
Section 504 of the Rehabilitation Act
Protects qualified individuals from discrimination based on their disability. Applies to organizations that receive federal money. Provides equal access. -
Goss v. Lopez
Goss v. Lopez, 419 U.S. 565 was a United States Supreme Court case that held that a public school must conduct a hearing before subjecting a student to suspension. The Court held that a suspension without a hearing violated the due process clause of the Fourteenth Amendment to the United States Constitution. -
The Education for All Handicapped Children Act of 1975 (P.L. 94-142)
The most complete precursor to IDEA. This was the law establishing IEP’s (Individual Education Programs) and the concept of LRE (Least Restrictive Environment). The importance of the IEP mandate cannot be overstated. This Act went into effect in 1977 after all its details were agreed upon. to get federal money - states had to develop FAPE policy. 33% of funding for SPED promised but not delivered! -
Tokarcik v. Forest Hills School District
Denying access to a regular public school classroom without a compelling education justification constitutes discrimination. -
Hendrick Hudson Central School District Board of Education v.Rowley
“We hold that the state satisfies the FAPE requirement by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction”
Two fold inquiry• Has the state complied with the procedures in the act?
Is the IEP reasonably calculated to enable the child to receive educational benefits? -
Dept. of Educ.,State of Hawaii v. Katherine D
In California, the federal appeals court has stated that the: "Congressional preference for educating handicapped children in classrooms with their peers is made unmistakably clear." As Amended February 24, 1984. -
Irving Independent School District v. Tatro
And if specially trained personnel, for example physical, occupational, and speech therapists are required to assist a student with a disability to participate in an inclusive program, those personnel must be hired. -
Irving Indep. School District vs. Tatro
8 year old Amber Tatro was in need of CIC (clean intermittent catheterisation) during school hours due to her spina bifida. The school refused and the case was taken all the way to the supreme court. The court ruled that the school must provide these services under the special education laws that require related services to be given to a child when these services are needed for the child to get a free, appropriate public education. -
Honig v. Doe
Children with disabilities may not be excluded from school for misbehavior. Two students who were unilaterally removed from school via suspension. The case was decided by the Supreme Court, who ruled that excluding a student from a class, activity, or from school for longer than 10 school days should be treated as a change of placement. -
Daniel R.R. v State Board of Education
found that regular education placement is appropriate if a child with a disability can receive a satisfactory education, even if it is not the best academic setting for the child. Non-academic benefits must also be considered. The Court stated that "academic achievement is not the only purpose of mainstreaming. Integrating a handicapped child into a nonhandicapped environment may be beneficial in and of itself...even if the child cannot flourish academically." -
IDEA Additions
Autism and TBI -
ADA
Broadened Section 504 to include public accommodations, employment and transportation and telecommunications -
Greer vs. Rome City School District
Court stated "Before the school district may conclude that a handicapped child should be educated outside of the regular classroom it must consider whether supplemental aids and services would permit satisfactory education in the regular classroom." -
Oberti vs. Board of Education of the Borough of Clementon School District
Upheld the right of Rafeal Oberti, a boy with Down syndrome, to receive his education in his neighborhood regular school with adequate and necessary supports, placing the burden of proof for compliance with IDEA's mainstreaming requirements on the school district and the state rather than on the family. The federal judge who decided the case endorsed full inclusion, he wrote "Inclusion is a right, not a special privilege for a select few". -
Mavis v. Sobol.
"The District has not justified, to the satisfaction of this reviewing court, its decision to exclude [the student] from a regular classroom." -
Sacramento City Unified School District vs. Holland
Upheld the district court decision in which Judge David S. Levi indicated that when school districts place students with disabilities, the presumption and starting point is the mainstream. The parents challenged the district's decision to place their daughter half-time in a special education classroom and half-time in a regular education classroom, they wanted their daughter in the regular classroom full-time. Rachel Holland an 11 year old with mental retardation, and was tested with an I.Q. of -
Hartman v. Loudon County Board of Education
A school district was required to place an 11 year old student with autism in a regular education classroom with a one to one instructional aide and an appropriately adapted curriculum. The student had shown benefit from such placement in a previous school district. -
No Child Left Behind
NCLB focuses on: increasing the academic achievement of all public school students, improving the performance of low-performing schools,&requiring schools to use scientifically based instructional practices.NCLB accomplishes this by: requiring states to measure the progress of students and groups of students, including students with disabilities, every year, reporting the results of these measures to parents, & requiring states to set proficiency standards that schools must attain within a set . -
IDEA 2004
To increase the academic achievement of students in special education...
-Focus on writing measurable goals and actually measuring them
-Focus on progress monitoring
-To increase accountability for results
-To streamline the special education process -
Winkelman v. Parma City School District
The Court held that “[p]arents enjoy rights under IDEA; and they are, as a result, entitled to prosecute IDEA claims on their own behalf.” Some may find the Court’s recitation of parental rights to be useful. -
Americans with Disabilities Act Amendments Act of 2008
Is an Act of Congress, effective January 1, 2009, that amended the Americans with Disabilities Act of 1990 (ADA) and other disability nondiscrimination laws at the Federal level of the United States.
