Law

Special Education Legislation and Due Process

By jlp2011
  • Brown vs. Board of Education

    Brown vs. Board of Education
    Landmark case in which the Supreme Court ruled that separate-but-equal in education was not equal. State laws that ordered separate schools for black and white students were overturned and declared unconstitutional.
  • Diana vs. Board of Education

    Diana vs. Board of Education
    Diana, a Spanish-speaking student scored low on an IQ test and was placed into special education with children who had severe disabilities. The court ruled that Spanish-speaking students should be tested in their native language. Students cannot be placed in special education based on culturally biased tests. ("UCLA School Mental Health Project").
  • Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania

    Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
    Students with special needs were given the right to education; the denial of their education was a violation of the 14th amendment.
  • Section 504–Rehabilitation Act of 1973

    Section 504–Rehabilitation Act of 1973
    Recipients of federal funds cannot discriminate on the basis of a disability.
  • Education for All Handicapped Children Act

    Education for All Handicapped Children Act
    Later renamed the Individuals with Disabilities Education Act (IDEA), this law introduced the Individualized Education Program (IEP), a plan to provide free and appropriate education to students with disabilities on an individualized basis, including due-process provisions.
  • Larry P. vs. Riles

     Larry P. vs. Riles
    The court ruled that using IQ test scores to place students with cognitive disabilities into special education was discriminatory.
  • Gifted and Talented Children’s Education Act

    Gifted and Talented Children’s Education Act
    Provides financial incentives for state and local educational agencies to develop programs for gifted and talented students.
  • Education of the Handicapped Act Amendments PL 98-199

    Education of the Handicapped Act Amendments PL 98-199
    This law allows for federal funding to create parent training and information centers (PIC) so that parents could learn how to protect the rights that PL 94-142 guarantees their child. PL 98-199 also provided financial incentives to expand services for children from birth to age 3 and the initiatives for transition services from school to adult living for students with disabilities.
  • Developmental Disabilities Assistance and Bill of Rights Acts

    Developmental Disabilities Assistance and Bill of Rights Acts
    These acts provide for the development of employment-related training activities for adults with disabilities.
  • Perkins Act

    Perkins Act
    This act mandates that 10% of all vocational education funding must be for students with disabilities. Vocational education should be provided in the least-restrictive environment; secondary support is provided for students with disabilities.
  • Education of the Handicapped Act Amendments

    Education of the Handicapped Act Amendments
    These amendments included a new grant program for states to develop an early intervention system for infants and toddlers with disabilities and their families and provide greater incentives for states to provide preschool programs for children with disabilities between the ages of three and five.
  • Honig vs Doe

    Honig vs Doe
    This case examined students who received lengthy suspensions from school and had emotional or behavioral disturbances. If the student received more than 10 days out of school suspension they would require a change in placement
  • Americans with Disabilities Act (ADA)

    Americans with Disabilities Act (ADA)
    This national mandated act extends Section 504 of PL 93-112 by giving disabled American’s the rights of equal access and reasonable accommodation, without discrimination, in employment and services provided by both private and public sectors.
  • Oberti v. Board of Education of the Borough of Clementon School District

    Oberti v. Board of Education of the Borough of Clementon School District
    This case determined that a student with Down Syndrome who had been placed in a self-contained classroom was not in the least restrictive learning environment. School districts must first consider placement in the regular education classroom with specially designed accommodations and services before being placed outsitde the regular education classroom.