Cases Flashcards
Larry P. vs Riles (1977)
Case examined cultural discrimination of African American Students. The court case questioned whether an IQ test was an accurate measurement of a students intelligence because there are a disproportionate number of Black students identified as special ed. Larry P argued that the test was biased against African American students.
Riles argued that the placement of African American students was a result of genetics, social and environmental factors. Judge ruled the tests are culturally biased.
Diana vs. State Board of Education (1970)
Examines the case of a student who was placed in SPED after a Stanford Binet Intelligence test indicated that he had a mild case of “mental retardation”. Class action lawsuit was filed on behalf of 9 Mexican American children arguing that their IQ scores were not enough to place them in SPED because it was written in English. Court Ordered that kids be tested in their native language. As a result, IQ test were not the only data point used to determine eligibility. It increased focus on cultural and linguistic diversity.
Winkelman Vs. Panama City Board of Education
Case began as an argument against FAPE. Parents of J Winkelman believed their son was not getting a FAPE in special ed. There was a disagreement as to whether parents could represent their kids in court. court ruled they could. This settled the question as to whether parents have rights under IDEA ( they do)
Honig vs Doe (1998)
Supreme Ct examined the violation of EDUcation for All Handicapped Children’s act ( earlier version of idea) against the California School Board. Child suspended for violent outburst related to his disability. Plaintiff argued that suspension/expulsion goes against “stay-put provision of EAHCA. that says students must stay in their educational settings during review proceedings unless agreed upon by parents n educational setting. Defendant argued violence is an exception to the law. Judge ruled that schools can justify the removal from placement in order to ensure a safe learning environment.
Pennsylvania Association for Retarded Children Vs. Commonwealth of Pennsylvania (1971)
ARC accused state of denying FAPE to students with disabilities. State was accused of not educating students who have a mental age of 5 or less. Judge ruled they could not deny these students. This lead to Education for all Handicapped Children Act (1974).
Child find law
IDEA 1990 Amendments
IDEA replaced Education for all handicapped children act. It changed the age range to 3-21. changed language from “handicapped” to individuals with disabilities. focus shift from issues to children’s needs. It categorized disabilities. Provided $ and early intervention services.
Individuals with Disabilities Education Improvement Act (2004)
IDEA was reauthorized. Added Sped teachers required to achieve Highly qualified status and have to be certified in SPED. IEP’s must have measurable goals and outlined how progress towards the goals are measured and reported.Schools must provide research based interventions as part of the process to determine eligibility.
National Educational Goals Act ( Also called Goals 2000)
Signed by Bill Clinton. Focused on outcomes based education and was intended to be completed by 2000. ( wanted to ensure kids are ready to learn when they start school, increase HS graduation rates, demonstrated competency at various grades n subjects
No Child Left Behind (2001)
George Bush. Supported standards based reform and mandated skills based assessments. emphasized state testing, annual academic progress, report cards, and increased teacher qualification standards.
Adequate Yearly Progress
AYP. measured by results of achievement tests. consequences for states who don’t make app for a certain number of years
Every Student Succeeds Act (ESSA) 2015
replaced no child left behind.built on the foundations of NCLB but emphasizes equal opportunity. Purpose is to provide quality education. It also aims to address the achievement of disadvantaged students. Also addresses ESL discrepancy in funding.
Rehabilitation Act of 1973
Law that preceded IDRA of 1975. Served to protect the rights of children of people with disabilities. Protected against discrimination in employment and provides students with disabilities access to the general education curriculum.
Americans with Disabilities Act of 1990 (ADA)
Protects the rights of people with disabilities.Provides equal employment and employers must supply reasonable accommodations.It provides access in both public and private places ( access ramps, automatic doors), and telecommunications access ( phone n internet).
Elementary and Secondary Education Act (ESEA) (1965)
Passed by President Johnson as part of his war on poverty and sought equal access to a quality education. Extended more funding and emphasized standards and accountability. Became NCLB and ESSA
Section 504
Comes from the civil rights law section 504 of rehabilitation act of 1973. 504 is a formal plan for how a school will provide services to a student with disabilities.It removes barriers by ensuring proper services (accommodations, related services and modifications)
504 vs IEP
Both are a blueprint for a student with disabilities. 504 shows how student will have access to school. IEP is blueprint to a students special education experience.
Informed Parental Custody
IDEA requires that parents be informed before a student is evaluated for special education. School must receive parental consent.
Education for all Handicapped Children Act (1974)
It was passed by Congress in 1974 to ensure that children with disabilities had the same access to quality education as their peers without disabilities. Included FAPE and IEP. Was foundation for IDEA.
School Accountability
mandated by Essa. requires states to have plans for underperforming schools.
Due process
School can file due process if they disagree with parents withdrawal of consent.
