Special Education Law

By jojoop

  • Compulsory Law

    • Requirement of children to attend school are called compulsory education laws.
    • Attempt to correct the truancy charges first then further consequences are applied, especially for students identified with disabilities.
    • Schools need to refer to IDEA if truancy occurs with a student with disabilities.
    • Functional, social, and emotional functioning needs to be assessed of the student with disabilities. FBAs will then be written.
    • Positive Behavior Support Plan is developed and utilized.

  • Brown v. Board of Education

    • U.S. Supreme Court found African-American children had a right to equal educational opportunities and segregation had no place in public education.
    • After this case, parents of children with disabilities started bringing lawsuits against school districts for excluding and segregating children with disabilities and was ground for discrimination.

  • Civil Rights Movement

    • Civil Rights laws ended discrimination in education.
    • Many court cases set precedent for the end of discrimination, most famous is Brown v. Board of Education which was the foundation of FAPE (free appropriate public education) for all students with disabilities.

  • Elementary and Secondary Education Act (ESEA)

    • Act ensured a quality education to underprivileged children.
    • Amended in 1966, states helped with transitions of students with disabilities into public education.

    • In 1970, the Education of the Handicapped Act (EHA) was established to encourage states to develop educational programs for individuals with disabilities.
    • The funds provided though did not specify how and where to use the monies and the programs developed could not show improvement in education of children with disabilities.

  • The Handicapped Children's Education Act

    • Referred to as EAHCA or EHA
    • Public schools receiving federal funds for students with disabilities must provide the students with equal access to education as their peers, a free meal per day as well as physical and mental activities,

  • Mills v. Board of Education of the District of Columbia

    • Lawsuit established that students with disabilities must be given a public education whether they can afford it or not.

  • P.A.R.C v. Pennsylvania

    • Allows student with mental ages of less than 5 years of age to attend public school with peers their same age.

  • The Rehabilitation Act 504

    • Set the stage for the Americans with Disabilities Act

  • The Education for All Handicapped Children's Act (LAW)

    • Known today as IDEA
    • Supports families with infants, toddlers, as well as school age children that have disabilities.

  • Board of Education v. Rowley

    • School District refusing to provide a sign language interpreter to a student.
    • Court ruled in Rowley’s favor as even though she is doing better in school, she has not reached her full potential as if she had a sign language interpreter.

  • Irving Independent School District v. Tatro

    • EHA only required “medical services” for purposes of diagnosis and evaluation.
    • Lawsuit brought against school district stating that Amber, a 3 ½ year old with spina bifida required her catheter to be changed every 3-4 hours to prevent kidney injury. Amber was too young to do this herself.
    • The courts amended EHA’s provision to allow a school employee to change her catheter.

  • EHA Amendment

    • Address the special needs of handicapped infants, toddlers, and their families as explained in Title 1-4. Specifics include state grants, application criteria, individualized family support, deaf-blind services, early education, research, trainings, transitional services, and qualified personnel.

  • Honig v. Doe

    • Stay-put clause.
    • Protects students with behavioral disabilities from being suspended or expelled from a school.

  • Timothy W. v. Rochester, New Hampshire, School District

    • Lawsuit that reversed the district court’s decision that under Education for All Handicapped Children Act, a child is not eligible for special education if they cannot benefit from that education.

  • Danny R.R. v. State Board of Education

    • It mandates a "free appropriate public education" for children with disabilities.
    • Schools must determine the appropriate placement of the child and develop an Individualized Educational Plan (IEP) unique to that student.
    • Parents/guardians should be involved in an stages of the IEP development.
    • Mainstreaming education (educating students with disabilities in same classroom as students without disabilities.)

  • Americans with Disabilities Act

    • Civil rights law
    • Prohibits discrimination against individuals with disabilities in all areas of public life that is available to those without disabilities

  • Oberti v. Board of Education

    • Supplementary aids and services are the right to public education for students with disabilities.
    • If a student with disabilities needed a classroom that was not inclusive, that student would still participate with non-disabled peers as much as possible.

  • Gaskin v. Commonwealth

    • Provisions for schools to provide real supports to students with disabilities
    • Increase the number of students with disabilities to be educated with their non-disabled peers.
    • Further monitoring and enforcing these guidelines.