-
Brown v. Board of Education of Topeka, Kansas
In 1954, Brown v. Board of Education was a landmark desegregation case. Although this case helped in the fight against segregation, it would also contribute to equal rights for children with disabilities. The U.S. Supreme court recognized that equality was not given in these black and white schools, nor was it giving equality to kids with disabilities. This case would be revisited and used to demonstrate that children with disabilities were also being treated unequally by the school system. -
Period: to
Special Education Law
-
Diana v. State Board of Education
This court case would investigate the class placement of students without disabilities, who were placed into special education classes. At the time, Latinos were over-represented in classes made for students with intellectual disabilities. Thanks to this court case, the CDE is required to monitor for racial imbalance, correct the imbalance, collect data annually, and use representatives of the Latino community when audits are performed. -
Pennsylvania Association for Retarded Children v. Common wealth of Pennsylvania
Decades ago, Pennsylvania state law allowed schools to deny services to children with disabilities. The law stated that if they were not a mental age of five years by the start of first grade, they would not receive an education. The case would result in Pennsylvania agreeing to provide children with disabilities a free and public education. The state would also locate and serve students with disabilities. -
Mills v. Board of Education of the District of Columbia
This case included seven children, all of whom had been excluded by their schools because they were disabled. In all fairness, the schools did not yet have a curriculum that was made to fit their needs. The court agreed that these children had a right to a public school education. This case would lead to many new provisions. If a child was suspected of having a disability, they would be identified and evaluated. Parents were now allowed to challenge the placement of their children. -
Armstrong v. Kline
In the summer of 1979, five families who had children with disabilities believed that their children required more than 180 school days in a year. The Court agreed that exceptional children do not learn at the same rate as unexceptional children do. While the Court of Appeals stated that it is the school's job to create learning objectives that fit the needs of exceptional children. This case would force schools to focus on the disabled child's needs instead of on their own budget. -
Larry P. v. Riles
An African-American student named Larry noticed that African-American students were overrepresented in special education classes. The IQ tests were used to decide if a student needed to be placed in a special education class. The IQ tests would prove to be culturally-biased, leading to a bigger number of African-American students receiving special education. The court ruled that IQ tests were racially and culturally biased, therefore unconstitutional. -
Tatro v. State of Texas
Amber was born with spina bifida. Due to this, she required the use of a catheter through a procedure which could only be performed by a layperson. At the time, Amber's individualized education program did not provide Amber with a layperson to help her with this procedure. The court ruled that under the Education of the Handicapped Act, Amber's condition was a related service. The EHA defines a related service as something required for a student to benefit from special education. -
Winkelman v. Parma City School District
Parents Jeff and Sandee appeared to court without a lawyer, so the court dismissed their case. The Winkelman's argued that IDEA stated that they can challenge the school district hearing and appeal in a federal court. IDEA asks parents to speak up about their child's placement within the school system. The Court would rule in favor of the Winkelman's, claiming that IDEA allows parents to raise doubts about their child's free public education, even in the federal court. -
Forest Grove School district v. T.A.
This case would ask the question of should, parents of an exceptional child pay, for the child's special education out of their own pockets? T.A. attended public school and would later drop out for reasons unrelated to his disability. The Supreme Court decided that under IDEA, parents are eligible for reimbursement when a public school fails to provide the child with a free public education. Regardless if he attended a public school previously and received special education services. -
Endrew F. v. Douglas County School District
In 2017, the parents of Endrew removed him from public school and placed him in a private institution. They believed Endrew was not getting a free public education. IDEA states that parents can seek reimbursement if they believe their child is not receiving a free public education. The Supreme Court ruled that schools must create an IEP or an Individualized Education Program for each child. This program must allow the child to learn and make progress according to his or her pace.
