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"Separate but equal." This decision was made by the 7-1 decision that the law was unconstitutional ruled that states could enact a legislation that "separate" facilities for blacks and whites were constitutional as long as they were treated "equally."
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Oliver Brown's Child was denied access to Topeka's white schools and took the school board to court. After losing the case, he appealed to the supreme court and won, racial segregation in schools was deemed "inherently unequal." Implications for 6 core principles of IDEA:
Zero Rejection
Least Restricted Environment
Free Appropriate Public Education -
President John F Kennedy signed MRECMHCCA which led to the new era of community based treatment of mentally ill individuals. First time for federal leadership.
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The elementary and secondary education act passed by Lyndon Johnson appropriated federal money to states to improve education for disadvantaged children. Title 1 is the largest section of the law. The government created formula to determine what schools are eligible to taking in for account data such as number of kids eligible for free and reduced lunch.
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Raised legal questions about ability group. Students were administered a standardized aptitude test in early elementary school. High tracks prepped for blue-collar jobs. Judge Skelly Wright found that the tests were biased in a way that poor, black children would inevitably score lower and place in a lower track. Implications to 6 core principles of IDEA:
Non-Discriminatory Identification
Free Appropriate Public Education
Least Restricted Environment -
Plaintiffs on behalf of Mexican-American children in Monterey County, California alleged that the school system was inaccurately identifying Spanish-speaking children as, "Mentally-retarded." Due to their IQ tests that were administered in English. Implications on 6 Core Principles of IDEA:
NDE
Least Restricted Environment
Free Appropriate Public Education -
Pennsylvania agreed to provide a free public education for all children with disabilities. Each child needs to be offered an individualized education and it needs to be in the least restrictive environment. Led to the constitutional right of education all children with disabilities.
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IQ testing on black children was found to be inappropriately placing them in educable mentally retarded classrooms because the test were discriminatory. The court ruled the evaluation must be multifaceted and tests must be validated for use on minority populations that they were given for.
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Children with disabilities had an equal right to public education.
Children were entilted to full procedural protections:
Notice of proposed changes, access to school records, a right to be heard and legally represented by a legal counsel if and when necessary Implications to 6 core principles of IDEA:
Zero rejection
Free Appropriate Public Education
Least Restrictive Environment -
The first federal civil rights law to protect the rights of people with disabilities. No individual should be discriminated against.
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This act ensures that children with a mental or physical disability will have federally funded access to education and one free meal each day at public schools. This act also gives parents the opportunity to file complaints to the school, if their child with disabilities is being treated unfairly.
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Allowing parents to recover reasonable attorney's fees.
EAHCA does not directly address relief available to parents who successfully allege inappropriate actions by the school -
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The terms of "mental retardation" was changed in law to "intellectual disability." A little girl with the name of Rosa Marcellino had down syndrome and the law was named after her to have the words mentally retarded removed altogether.
