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Legislation/Statute: 14th Amendment
Sped Topic: Eligibility and Civil Rights
Effect on SPED and Children with Disability: Provided that all citizens entitled to “equal protection” of the law Reference: Dr. Landry -
Legislation/Statute: Washington Compulsory School Attendance
SPED Topic: Eligibility and Right to Schooling
Effect on SPED and Children with Disability: Required all children ages 8-18 to attend school; exception for those children mentally or physically unfit to attend, and other exemptions. Reference: Dr. Landry -
CASE Law: Watson v. City of Cambridge
SPED Topic:
Effect on SPED and Children with Disability: [MA] Highest court in Massachusetts ruled schools could exclude student deemed too "weak minded" Reference: Dr. Landry -
CASE Law: Brown v. Bd of Education of Topeka KS
SPED Topic: Discrimination and LRE
Effect on SPED and Children with Disability: Supreme Court decision that discriminatory segregation or exclusion based upon invidious distinction [race]; Rationale later grew to implicate discrimination against disabled children. Reference: Dr. Landry -
Legislation/Statute: Elementary Secondary Education Act 1965
SPED Topic: Inequality and Opportunity for Underprivileged Children
Effect on SPED and Children with Disability: Ensured that underprivileged children were given the same opportunity to a quality education as privileged children.
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CASE Law: PARC v. Pennsylvania
SPED Topic: Due Process & Placement
Effect on SPED and Children with Disability: Requirement of due process regarding SPED placement or exclusion [Consent Decree] Reference: Dr. Landry -
Legislation/Statute: The Rehabilitation Act (Section 504)
SPED Topic: Discrimination
Effect n SPED and Children with Disability: Students with disabilities will be provided with an equal opportunity as those who are not disabled. This means, "they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement as other students." Students with disabilities will also be placed in the least restrictive environment.
wrightslaws.com/info/section504.ada.peer.htm -
Legislation/Statute: Education of all Handicapped Children
SPED Topic: Eligibility and Right to an Education
Effect on SPED and Children with Disability: Focused on making sure that children with disabilities "had access to an education and due process of law." Congress created a legal checks and balance system called "procedural safeguards" that were designed to protect children and their parents.
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CASE Law: Stuart v. Nappi
SPED Topic: Student Discipline
Effect on SPED and Children with Disability: This case determined that a student with disabilities could not be expelled, as it changed the students placement that was inconsistent with IDEA's procedures. A student with disabilities can be suspended or placed in a more restrictive environment however. -
CASE Law: Doe v. Koger
SPED Topic: Student Discipline
Effect on SPED and Children with Disability: This case decided that a student with a disability can NOT be expelled if their disruptive behavior is because of their disability. However a student with a disability could be expelled if the students misconduct had no relationship to the students disability. -
CASE Law: Bd. of Education of the Hendrick Hudson Central School Dist. v. Amy Rowley
SPED Topic: Access to Appropriate Education
Effect on SPED and Children with Disability: This case determined that Rowley was only given some benefit as she passed from one grade to the next. The court determined that that is not what FAPE requires. Instead it requires that the student receives a "special designed instruction at NO cost to the parents." Amy Rowley should have been given an interpreter to ensure that she has an equal opportunity as the other students in her class. wrightslaw.com -
CASE Law: Honig v. Doe
SPED Topic: Student Discipline
Effect on SPED and Children with Disability: The Supreme Court determined that Congress did want to strip the schools of their unilateral authority they normally exude over students. The Supreme Court decided that school administrators cannot remove a student without parental permission or "last resort, the courts" (Special Education and the Law, Russo, & Osborne Jr.) -
CASE Law: Timothy W. v. Rochester, N.H., School Dist.
SPED Topic: Entitlement to Services
Effect on SPED and Children with Disability: This case introduced the concept of "zero reject." This means that the court decided that a student who has been identified as in need of IDEA services those services must be provided. (Special Education and the Law, Russo & Osbourne Jr.) -
CASE Law: Kroot v. District of Columbia
SPED Topic: Parental Rights
Effect on SPED and Children with Disabilities: This case acknowledges that notifying the parent of their rights allows them to make informed decisions, protect their rights, and to allow them to fully participate in any due process hearings. (Special Education and the Law, Russo & Osbourne Jr.). -
CASE Law: Zobrest v. Catalina Foothills SD
SPED Topic: SPED in Private or Religious Schools
Effect on SPED and Children with Disability: Supreme Court ruled that Establishment clause did not bar public schools form providing onsite SPED services for student in private sectarian school. Reference: Dr. Landry -
Sacramento City Unified School Dist. BOE. v. Rachel H.
SPED Topic: Least Restrictive Environment
Effects on SPED and Children with Disability: The court decided that the following four factors must be determined with regard to placement of a student with disabilities: educational benefits of placing a student in a general education classroom, nonacademic benefits, effect of the presence of a special education student on the teacher and other students, and the costs of inclusion. -
CASE Law: DOE, St. of Hawaii v. Cari Rae s.
SPED Topic: Child Find
Effect on SPED and Children with Disability: The court found that the state did NOT comply with the child find mandate as it did NOT evaluate a student suspected of having a disability at an earlier time.
law.justia.com/cases/federal/district-courts/FSupp2/158/1190/2414999 -
Legislation/Statute: No Child Left Behind Act
SPED Topic: Achievement Gap
Effect on SPED and Children with Disability: The act is meant to ensure that all students are able to receive a high-quality education and to reach minimum proficiency at least on State academic achievement standards.
wrightslaw.com/nclb/law/nclb.107-110.pdf -
Legislation/Statute: Individuals with Disabilities Education Improvement Act of 2004
SPED Topic: Accountability and Improved Outcomes
Effect on SPED and Children with Disability: Two purposes; ensures students are provided with the education that will meet their unique needs and that will prepare them for employment, further education, and independent living. Secondly to protect children with a disability and their parents.
wrightslaw.com -
Legislation/Statute: 20 U.S.C. Section 1402(10), 1412(a)(14)
SPED Topic: Highly Qualified Teachers
Effect on SPED and Children with Disability: Highly qualified means the teacher has a minimum of a bachelors degree and must demonstrate that they have knowledge in each subject in which they are the main instructor. (Special Education and the Law, Russo & Osbourne Jr.) -
Legislation/Statute: Every Student Succeeds Act
SPEC Topic: Discrimination
Effect on SPED and Children with Disability: Ensures that all students are tested, receive appropriate accommodations when necessary, and all students are held to the same standards. The Act also requires that the students are given an annual statewide assessment in reading/language arts,and mathematics from grades 3-8 and once during high school.
www2.ed.gov/policy/elsec/leg/essa/esassessmentfactsheet1207.pdf -
CASE Law: Endrew v. Douglas County School Dist.
SPED Topic: IRE & Progress
Effect on SPED and Children with Disability: Different standards need to be used for a student who is not fully integrated into the general education classroom. When a student is NOT fully included into a general education classroom then the IEP should "pursue academic and functional advancement.
Reference: wrightslaw.com/law/art/endrew.douglas.scotus.analysis.htm
