Landmark cases in Special Education

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    Landmark cases

  • Mills v. Board of Education of Distrist of Colombia- The district must provide all the children with disabilities a publicly supported education and due process safeguards

    Plaintiffs argued that the children were excluded from school without equal protection of the law and due process. While the defendants argued that the district provided programming but there are insufficient funds.
    Court's Ruling
    Educational services must be given based on a child’s needs and not the schools financial capabilities.
    http://www.slideshare.net/AngieCheatham/court-cases-6780307
  • Smith v. Robinson-The Court decided that parents will be Reimbursed any legal fees that accrued from win in special education litigation.

    Plaintiffs argued Due process was not followed.
    Defendants argued under Rhode Island law, educating an emotionally disturbed child lay with the State's Division of Mental Health, Retardation and Hospitals.
    Courts ruling
    Students whose misbehavior is related to their disabilitiy cannot be denied education.
    http://www.slideshare.net/AngieCheatham/court-cases-6780307
    https://scholar.google.com/scholar_case?case=6656141447172993274&q=Smith+v.+Robinson+1984&hl=en&as_sdt=6,29&as_vis=1
  • Honig v. Doe - Two students were suspended for violent and disruptive conduct related to their disabilities.

    Plaintiffs argued School District violated "stay-put" provision directs that a disabled child "shall remain in there current educational placement" pending completion of any review proceedings, unless the Both sides agree.
    Defendants argued s"stay-put" provisions didn't acknowledge dangerousness exception.
    Court Ruled that a student whose misbehavior is related to their disability can not be denied education.
    https://www.britannica.com/topic/Honig-v-Doe