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Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania
-First major legal case to provide equality to students with disabilities
-Key Players: Overseen by three judges, Circuit Judge Adams, and two District Judges, Masterson and Broderick, Commonwealth Lead Defendant David H. Kurtzman & Joseph Adlestine
-Lead Plaintiff Thomas Gilhool argued that the current Pennsylvania education laws were unjust, represented families that children was denied free public education & resources because of their disabilities -
PARC v. Commonwealth of Pennsylvania Ruling
-Ruled that existing law restricting kids ages 6-21 was unconstitutional
- State responsible for providing free public education to all children; meaning no child, regardless of their disability, could be turned down to the access of free public educational programs & resources
-The quality of the education given to students with disabilities had to match that of the education and resources given to general students Digital storytelling.https://www.youtube.com/watch?v=QtFmp3XduaQ<retr18Aug2018> -
After The PARC v. Commonwealth of Pennsylvania Case
-Pennsylvania was not the only state that restricted education to students with disabilities. But this was the first case and the first time education restricting legislation was contested and defeated
-This case began a domino effect of many which was a pivot moment in the inclusion of students with disabilities -
Irving Independent School District. v. Tatro
-Major court decision had to do with the definition of related services
- Amber Tatro a little girl who had cerebral palsy & needed to be catheterized every few hours. The school district agreed to provide special education but they refused to do the cleaning necessary for Amber to attend school
-this was clearly define as the necessary related services and created the medical exception rule
Resource Video
https://study.com/academy/lesson/irving-independent-school-district-v-tatro-in-1984.html -
Irving Independent School District. v. Tatro, Ruling
-It was ruled that the school district must provide all supportive services necessary unless a physician is needed to provide the service. Since, a nurse can provide the service needed for Amber they must provide it -
After Effects of Irving Independent School District. v. Tatro Case
Today a student with any physical disabilities are supplied the appropriate services i.e. a personal nurse outside of school nurse to ensure student academic and social skill develop with non-disabled children are rendered -
Sacramento v. Rachel Holland
The idea of “least restrictive environment” (LRE) mandated that a special needs student is educated, to the maximum extent appropriate, in a regular classroom. In Rachel H. case the court identified four factors to determine if placement in the regular classroom was appropriate
Resource
*Least Restrictive Environment and Inclusion: A Storm Sometimes Brings Relief. http://dickmanalliance.com/least-restrictive-environment-and-inclusion-a-storm-sometimes-brings-relief <retr. 16 Aug 2018> -
Sacramento v. Rachel Holland Ruling
The court ruled in favor of the parents, finding the general education placement was appropriate. The court determined Rachel benefited academically and socially in the general education classroom, there was no negative impact on the regular teacher or students, and the district was unable to support their claim that the general education classroom was cost prohibitive -
After Effects of Sacramento v. Rachel Holland Case
Today the impact of this case ruling still stand. A team of educators & specialists put together a plan to ensure that mainstreaming students are supplied with the essential tools to succeed under LRE. -
Resources
- What Every Educator Should Know About Special Education Laws, Beverley H. Johns, https://youtu.be/mP-ukH4mcVk
https://www.understood.org/en/school.../special-education-federal-law-vs-state-law *The Right to Education. https://disabilityjustice.org/right-to-education/ <retr. 16Aug2018>