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Supreme Court Case with unanimous ruling that "separate by equal" in public education was unconstitutional and violated the 14th Amendment. This ended segregation and allowed for the doors to open for equal education of all students not just based on race. This was the joint effort of 5 Cases that came to be known as Brown v. Board of Education. Oliver Brown, father of Linda, and the NAACP fought for her right to attend a school close to home and not travel to a colored only school. -
In the 1954 ruling of Brown v. Board of Education a date was not specified for states to desegregate schools by. States chose not to start this until the 1960's. This indicated a victory in Civil Rights when it finally happened. Special Education Programs begin to be developed and numerous ACTs were established to help ensure that all students regardless of disability or differences are educated equally. Parents became strong advocates for their children. -
This Act provided federal funding to schools that served students students with low incomes. The funds were to be allocated to improve the quality of the education. In 1966, it was amended by congress to create a grant program to help with the creation, implementation and funding of special education programs.
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Julius Hobson filed a lawsuit in federal court against Board of Education of the District of Columbia and Carl Hanson, superintendent. The case was based on the premise that low income and black student were placed on educational tracks based on standardized test. Black students represented the highest portion of the lowest level tracks. Federal Judge rules that the test were bias on the status of a student rather than ability and were discriminatory under the due process of the 5th Amendment. -
Diana, a Spanish speaking student and 9 others were placed in a class for students with mild mental retardation. The case was filed sighting that students should be given the right to be tested in their native language. When retested in the native language the scores rose and they no longer qualified. A consent of decree was reached. The test were found as a violation of the Equal Protection Clause of the US Constitution because they could not understand the test not in their native language. -
PARC filed the case on behalf of 14 families who were not able to access the public schools based on their students intellectual disabilities in US District Court, E. D. Pennsylvania. The case was resolved by decree. All students with mental retardation from the ages of 6-21 are given a Free Appropriate Public Education (FAPE). -
Lawsuit filed by Mills on behalf of seven students with disabilities and all out of school students being denied education based on the cost to educate them due to their disabilities. District court ruled that students were not being given due process before exclusion from school, schools had to readmit and provide for students regardless of cost. . Mills was one of the first cases that gave students with disabilities the right to education in school no matter the cost to the school district. -
Federal Government programs that are conducted, financed or available for employment may not exclude people based on disabilities.
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FERPA also known as the Buckley Amendment provided for the protection of student records. It also provided for the right to be able to have access to those records, request that they be changed and limited disclosure. This applies to any public or private school elementary through post secondary.
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PL 94-42, EAHCA, EHA are all acronyms you will hear this act called.
Us Congress provided that all schools receiving federal funds would provide access to all students regardless of psychical or mental disabilities. Schools would evaluate and create an education plan with families that would give students with disabilities educational opportunities equal to that of their non disabled peers. -
Rowley parents challenged that Amy was receiving FAPE and filed a suit requesting an interpreter. District court found in favor of Rowley's. However, the Court of Appeals reversed findings and Supreme Court affirmed. The ruling centered around FAPE being met for Amy and she was making progress. This is the first case to reach the Supreme Court. It also helps define FAPE for students with disabilities. -
The Supreme Court ruled that the Smith Family was not entitled to attorney fee recovery due to the EAHCA. Thomas Smith was guaranteed the right to equal access of education. This case led Congress to pass an amendment to EAHCA that allowed parents to recover attorney fees. -
Shannon Carters parents did not agree with IEP that she was given as she was a high school student with a 5th grade reading level and 6th grade math level. When the school refused a more intensive program they moved Amy to a private school who focused in learning disabilities. They filed a special education due process and lost. The case went to federal court and in turn eventually the case was heard by the Supreme Court. The Supreme Court ruled 9-0 in favor and reimbursement granted. -
Jacob Winkelman, a student on the autism spectrum and covered by IDEA. His parents worked with the school to develop an IEP and placement but could not agree. Suit was filed regarding FAPE, IEP not satisfactorily being met, and failure to follow IDEA. Court reversed 6th Circuit (7-2), "parents enjoy rights under IDEA; and they are a result entitled to prosecute IDEA claims on their own behalf." It ended with a civil suit in the Supreme court finding in favor of Winkelman's, 9-0.