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Special Education Landmark Cases
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Mills vs. The Board of Education of the District of Columbia
This was a lawsuit filed on the behalf of seven students who were denied a public education by the District of Columbia school system. These students were identified as having behavorial problems and were not offered alternative placement, nor a hearing, or a periodic review. The defense of the Board of Education was that it only had the responsibility to provide a public education to children who could benefit from it and that the cost to provide services were too expensive. -
Significance of Mills Courtcase for Special Education
The case provided for a free public education for students with disabilities which is now a part of IDEA. Students receiving special education services must have an IEP that outlines the needs of the students, the rights of due process, and a periodic review.
For more information: Click on the following link:[https://www.slideshare.net/casandoval1/mills-v-dc-board-of-education-1972] -
References - Mills vs. The Board of Education of the District of Columbia
McGlynn, C. Mills v. Board of Education and its Effect on Special Education. Retrieved from:https://cmcglynnportfolio.weebly.com/ mills-v-board-of-education-and-its-effect-on-the-field-of-special-eduction.html
U.S. Department of Education. (2010, November 22). Celebrating 35 Years of IDEA (Links to an external site.)
[Video File]. Retrieved from https://www.youtube.com/watch?v=DUn6luZQaXE -
Final Court Ruling for Mills vs. The Board of Education of the District of Columbia
The court ruled that no child may be denied a public education because of behavorial, mental, emotional, and hyperactive disabilities and that failure to educate students with disabilities could not be excused due to a lack of funds available to pay for the services needed by the children. The court ruled the students were entitled to a free public education and that available funds had to be spent equitable so that no child is excluded from a free public education. -
Honig vs. DOE - Defendant Honig
Honig sought a review of the case by the U.S. Supreme Court stating that the lower court did not consider a dangerous exception to the "stay-put" provision and that ordering the state to pay for the services would impose an undue financial burden on the state. -
Honig vs. DOE
This case was essentially about two disabled students in the San Francisco Unified School District who were emotionally disturbed and had difficulty controlling their anger. The students were suspended and filed lawsuit claiming that the disciplinary action of the SFUSD violated the "stay-put" provision of EAHCA.
Click here to watch video: [https://study.com/academy/lesson/honig-v-doe-summary-significance.html#/lesson] -
Significance of Honig Courtcase for Special Education
Students with disabilities cannot be suspended for violent and disruptive behavior if it relates to the student's disability for greater than 10 days. The 10 days gives the student a cool off period and allows school officials to initiate an IEP review, if deemed necessary, to agree to an interim placement for the student. -
References - Honig vs. DOE
Wrightslaw (February 14, 2011). Honig v. DOE. Retrieved from: https://www.wrightslaw.com/law/caselaw/ussupct./honig.doe/htm.
Oyez. "Honig v. DOE." Retrieved from: https://www.oyez.com/
cases/1987/86-728.
Britannica. Retrieved from: https//:www.britannica.com/topic/
Honig-v=DOE. -
Honig vs. DOE - Final Ruling
The U.S. Supreme Court on January 20, 1988 ruled that the SFUSD had violated the EAHCA(IDEA) when it indefinitely suspended a student for violent behavior related to his disability. It also ruled that suspensions of more than 10 days were not permissible. The court also decided that the state must provide services to students with disabilities if the local school board fails to do so. -
Significance of Cedar Rapids Community School District vs. Garret F Courtcase for Special Education
The ruling of the court concluded the IDEA required school districts to provide school health services by a qualified school nurse when the disabled student is at school. Today, schools either have a school health center or a full time nurse on staff to meet the needs of students with health issues. It is noted that disabled students may require one -on-one continuous care depending on the student's health care needs. -
Cedar Rapids Community School District vs. Garret F.
The nature of this lawsuit was that the student required the services of a specially trained nurse because of his special health needs. The school district claimed they were not obligated under IDEA to provide continuous nursing care and refused to provide the services. -
References - Cedar Rapids Community School District vs. Garret F.
Britannica. Osborne, A. Cedar Rapids Community School District vs. Garret F. Retrieved from: https://www.britannica.com/topic/
Cedar-Rapids-Community-School-District-v-Garret-F
Oyez. "Cedar Rapids Community School District v. Garret F.
Retrieved from: https://www.oyez.org/cases/1998/96-1793 -
Final Court Ruling for Cedar Rapids Community School District vs. Garret F.
The U.S. Supreme Court ruled on March 3, 1999 that the school district was required to provide and pay for nursing services required by Garret while he was at school.
For further information: Click here:[https://www.law.uh.edu/healthlaw/perspectives/Disabilities/990305Cedar.html]