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1972 Mills vs Board of Education (cont.)
Since this case in 1972 there have been several other cases involving schools trying to refuse education to students with disabilities. Because of the ruling of this case though, schools have been unable to refuse special education students a public school education. All kids deserve the right to a public education, regardless of any type of disability they may have. -
1972 Mills vs Board of Education
(http://www.kidstogether.org/right-ed_files/mills.htm) This was a class action suit on the behalf of seven children from the District of Columbia. All of the students had been excluded from school or denied educational services because of their identified disabilities.
The Federal Court ruled in favor of the students. The Courts ruling was the school clearly violated the right of public education under the laws of the District of Columbia. -
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Influential landmark cases specific to 21st century special education
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1988 Honiig v Doe
(http://www.wrightslaw.com/law/caselaw/ussupct.honig.doe.htm) John Doe, who qualified for special educational services was suspended for five days from school for choking another student. This suspension violated the “stay put” provision under the IDEA. -
1988 Honiig v Doe (cont.)
The Court ruled that it is alright to respond to dangerous students even with suspensions for up to 10 days. These 10 days are known as a cooling down, at what time the students IEP can be reviewed. However, the student cannot be expelled for good because of the incident.
Because of the ruling of this case, there are classes all of the United States that have special rooms for students like John Doe. -
1993 Holland v Sacramento City Unified chool District (cont.)
Students should not be refused the same educational opportunities as other students, regardless of their disabilities. There are people known as Paraprofessionals to assist teachers in regular classrooms with students that may have disabilities. -
1993 Holland v Sacramento City Unified chool District
(https://law.resource.org/pub/us/case/reporter/F3/014/14.F3d.1398.92-15608.html) Rachel H’s parents wanted her to be placed in a regular class full-time, instead of a special education class. The school district rejected their request and said Rachel could split her time between regular class and special education class.
The courts ruled in favor of Rachel and her parents. The courts found that Rachel should be placed in a regular classroom under the “IDEA”.