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P.A.R.C. vs Pennsylvania Rulings
School districts were now required to teach all mentally retarded children. The State DoE was required to submit plans that included available programs, financial assistance, and training efforts for teachers to provide specialized instruction.
https://www.slideshare.net/casandoval1/parc-v-pennsylvania-1971 -
P.A.R.C. vs Pennsylvania Party Stances
The Pennsylvania Association for Retarded Children (P.A.R.C.) sued the state, challenging four state statutes denying access to public education for 14 mentally disabled children.
All parties involved entered into a consent decree, which was then approved in District Court.
https://www.fortelawgroup.com/history-special-education-important-landmark-cases/ -
P.A.R.C. vs Pennsylvania Impact
The language of this decree has influenced ongoing reform legislation such as Free and Public Education (FAPE), IDEA, and IPE meetings.
https://www.slideshare.net/casandoval1/parc-v-pennsylvania-1971 -
Board of Education v. Rowley Party Stances
Rowley: A deaf child requesting that a live sign-language translator be added as a state provided requirement on her IEP.
Board of Education: Hendrick Hudson School District arguing that the child is easily advancing with educational benefit with the use of an FM hearing aid, and the cost of adding a live translator is not warranted under FAPE, as "appropriate" action is already in place.
https://www.fortelawgroup.com/history-special-education-important-landmark-cases/ -
Board of Education v. Rowley Impact
Students with disabilities have free access to "educational benefit" under FAPE. The Supreme Court decision to rule in favor of the school district confirms that these benefits are bounded by the demonstration of benefit and that a preponderance of evidence must exist to the contrary in order to substantiate additional maximization that incurs cost.
https://www.fortelawgroup.com/history-special-education-important-landmark-cases/ -
Board of Education v. Rowley Rulings
The U.S. Supreme Court ruled that the school district was not required to provide a live sign-language interpreter in the classroom for Rowley, a deaf child who was advancing in education with the use of an FM hearing aid. The court's decision preserved the right of the states to define "free and appropriate". In this case, the educational supports in place provided enough "educational benefit".
https://www.fortelawgroup.com/history-special-education-important-landmark-cases/ -
Honig v. Doe Rulings
U.S. Supreme Court has provided a 10-day "cooling off" period provision under EAHCA. This provision allows schools to suspend children with disabilities for violent outbreaks while an IEP review is initiated to seek agreement on placement. Schools are empowered to seek injunctive relief whereby a safe learning environment may be maintained.
https://www.britannica.com/topic/Honig-v-Doe -
Honig v. Doe Party Stances
Doe: Two California teens suing the district for the right to remain in public school after being expelled from outbreaks related to their disabilities.
Honig: Superintendent representing the San Fransisco School District in Supreme Court to uphold the right to remove any child exhibiting dangerous and unsafe behavior, especially towards others.
https://www.britannica.com/topic/Honig-v-Doe -
Honig v. Doe Impact
This is a landmark case protecting both the due process rights of disabled students, as well as the safety of all in the learning environment. Students with anger issues related to a diagnosed disability may still have consequences for violent behavior, barring them from public school participation. Behavioral assessments like BCBA and FBA have become more common place as a result of this legislation.
https://www.fortelawgroup.com/history-special-education-important-landmark-cases/ -
Americans with Disabilities Act (ADA) Summary
The ADA prohibits discrimination on the basis of disability for all U.S. persons, with measures comparable to the Civil Rights Act of 1964. The Act also requires employers to provide reasonable accommodations for disabled employees and imposes accessibility requirements for public spaces.
Source: (McLesky et al., 2018). -
Americans with Disabilities Act (ADA) Impact
Students with disabilities are made to feel more included in school and in society with the accessibility requirements of this Act. From access to playgrounds and classrooms to sports arenas and airplanes, equities are now in place to accommodate for mental and physical differences.
Source: (McLesky et al., 2018). -
Individuals with Disabilities Education Act (IDEA) Summary
This reauthorization of EHA (Education for all Handicapped Children) aims to provide equal opportunities for education. There are four main parts: A - general provisions, B - educational assistance, C - infants and toddlers, and D - national support programs. IDEA has given rise to its prominent elements: IEP, FAPE, LRE, appropriate evaluation, parent and teacher participation, and procedural safeguards.
Source: (McLesky et al., 2018). -
Individuals with Disabilities Education Act (IDEA) Impact
The largest benefit IDEA has had on students with disabilities is the resulting paradigm shift those disabilities are accepted and accommodations are made, as opposed to them being medical conditions that need fixing (Blanck, 2019). The comprehensive elements and parts of IDEA have also resulted in better diagnoses and identification to prevent misclassification of a disability. With IDEA, more students across more differences can experience academic success.
