significant court cases influencing sped

Question 1

• Brown v Board of Education (1954)

Answer 1

• Supreme Court ruled it unlawful under the 14th Amendment to discriminate against ANY group of people.
• Originally protected African-American children from “separate” educational facilities, formed foundation for same consideration fro students with disabilities.
• Established the right for all children to an equal opportunity for an education.

Question 2

• Diana v State Board of Education (1970, California)

Answer 2

• Corrected bias in assessment procedures.
• Students whose primary language was not English had to be tested in both English and their primary language.
• Originally protected Mexican American and Chinese American children from unfair assessment practices involving language and cultural issues.

Question 3

• Pennsylvania Association fro Retarded Citizens (PARC) v Commonwealth of Pennsylvania (1972)

Answer 3

• Ruled that schools may not exclude students with mental retardation from school.
• Ruled a Free Public Education be available.

Question 4

• Mills v Board of Education of District of Columbia (1972)

Answer 4

• Established principles later reflected in Public Law 94-142
• Access to free public education.
• Due Process protection
• Right to services even if schools claim they have no money

Question 5

• Oberti v Board of Education of Clementon South Dakota (1993)

Answer 5

• Critical in establishing inclusive practices.

* Schools must provide reasonable supports and services to students with disabilities in general education classrooms.

Question 6

• Doe v Withers (1993)

Answer 6

• Important case for general educators involved in teaching students with disabilities.
• MUST implement modifications established in the IEP Team (ARD Committee) meeting.
• Monetary damages awarded against teacher, who was ironically a state legislator.