Famous Court Cases Flashcards
Which court case established the need for language programs for ELLS?
Lau v. Nichols (1974)
San Francisco - 1000+ Chinese students didn’t receive
additional Engl lang support, another 1000+ did receive
–> parents sued district.
Result: School districts must take steps to help limited-English proficient (LEP) students overcome language barriers and to ensure that they can participate meaningfully in the district’s educational programs. No specific programs advocated for; districts given wide leeway.
Equality of treatment does NOT mean equality of facilities, books, teachers, and curriculum
Which court case led to the establishment of IDEA? Describe this case.
PARC v. Commonwealth of Pennsylvania (1972).
PARC = Pennsylvania Association for Retarded Children. At the time, PA could deny public education to children who had not “attained a mental age of 5 years” because it would be too burdensome/costly.
Result: settlement (consent decree) - free public ed to all children 6-21 years old. Became the Education for All Handicapped Children Act, which then became the Individuals with Disabiltiies Education Act (IDEA).
This resulted in other cases - e.g. Mills v. Board of Education which reached the Supreme Court and resulted in establishment of the constitutional right to education of all children with disabilities.
Which court case defined FAPE? Describe this case.
Board of Education of the Hendrick Hudson Central School District v Rowley (1982).
Parents of deaf student (Amy Rowley) sued school district b/c they did not provide a sign language interpreter but only an FM wireless hearing aid. The hearing officer for the district and a federal court ruled in favor of the family (under 504, she was being denied “opportunity provided other children”) BUT the Supreme Court ruled that FAPE was satisfied “by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction.”
Which court case resolved difference between school health services versus medical services? Describe this case.
Irving Independent School District v Tatro (1984)
School health services - can be provided by school nurses or other qualified lay persons.
Medical services - must be performed by licensed physicians.
Texas - Student required intermittent cathertiziation during class hours due to spina bifida and inability to empty her bladder on her own. School said “no!” Court ruled against school because:
- schools are required to supply only those services that are necessary to aid children to benefit from special education
- schools must provided services that can be done bynurses (not by doctors)
Which court case led to 2-prong test & 3 factors to address when considering placement in gen ed vs. special ed? Describe. What is the 2-prong test and the 3 factors?
Background: Rafael Oberti, 5-year-old with Down’s was recommended for enrollment at a school with multiply disabled students. Parents wanted enrollment in mainstream elementary school, went through due process, then federal district court, then Court of Appeals. IDEA requires that school districts assure to the “maximum extent appropriate” that children with disabilities are educated with children who are not disabled.
2-prong test:
1) Can the disabled child receive an education in the regular classroom with the use of supplemental AIDS and SERVICES?
2) IF NO to (1), determine whether the school district has MAINSTREAMED the child to the MAX EXTENT appropriate, including efforts to include the child in school programs with nondisabled students, such as music, art, lunch, and recess, whenever possible.
3 factors:
1) has the school made reasonable EFFORTS TO MAINSTREAM?
2) educational BENEFITS available to the student in the gen ed classroom?
3) possible NEGATIVE effects of students’ presence on the education of other student sint ehc lassroom?
Because of the _____ court case, parents can receive test protocols. Describe this case.
Newport-Mesa Unified School District v. State of California Department of Education (2010)
7-year-old, Jack, whose parents requested copies of test protocols before an IEP meeting but the district declined.
CA Ed Code 56504: need to provide test protocols within 5 days of the request. BUT districts may choose to use appropriate safeguards - e.g. requiring parents to review the original test protocols before obtaining a copy, written request for a copy, nondisclosure or confidentiality agreement, etc.
Which court case led to No IQ testing of African-American students? Describe.
Larry P. v. Riles (1979)
Background: disproportionate placement of African-American students in Educably Mentally Retarded (EMR) classes: 25% of EMR students were Af Am (but they were only 10% of population)
Describe the court case of Pesce v. J.Sterling Morton HS (1987)
-Ruled in favor of school that suspended faculty member for delaying report of child abuse by another faculty member.
Describe the court case of Marshall v. Georgia (1984)
- Contrast to Larry P.
- % age of minorities in SPED CAN exceed % age in population IF appropriate and proper steps for placement are followed
- overrepresentation is not discriminatory, absent any clear, persuasive evidence that minority students were treated differently from other students in the referral, preplacement evaluation, placement, programming, annual review, and reevaluation phases of classification and placement.
What was Brown v Board of Ed?
Educators cannot segregate by race
HOBSON vs. HANSEN
Circuit Judge Skelly Wright found that the tests were not actually measuring ability because they were biased in such a way that poor, Black children would inevitably earn lower scores and, as a result, lower track placements. Thus, children were being assigned to tracks based not on ability, but on status. Wright concluded that this was discriminatory under the Due Process Clause of the Fifth Amendment, because the lower-track classes provided less educational opportunity.
DIANA v. STATE BOARD OF EDUCATION
A Spanish-speaking student in Monterey County, California, had been placed in a class for mildly mentally retarded students because she had scored low on an IQ test given to her in English. The court ruled that Spanish-speaking children should be retested in their native language to avoid errors in placement.
Endorsed the use of standardized tests as long as they are not culturally biased and are used with other measures
PASE v. HANNON
The court ruled that schools are responsible for providing tests that do not discriminate on the basis of race. Also set a precedent for the use of data indicating disproportionate placement of minority groups as prima facie evidence of discrimination. However, subsequent cases have undermined this precedent
LARRY P v. RILES
Percentage of minorities in Sp Ed can exceed the percentage in the representative population as long as the appropriate and proper steps for placement were followed
MARSHALL v. GEORGIA
Sp Ed students must have a manifestation hearing to review placement if they are suspended more than 10 days
HONIG v. DOE
Landmark case states that schools do not have to provide the best education, but an adequate
ROWLEY v. BOARD OF EDUCATION
Court rules that a school district has a duty to warn the parent if their son/daughter is in danger (important for anti-bullying programs)
TARASOFF CASE
Schools must provide accommodations for ESL students
LAU v. NICHOLS
Part C authorized Child Find for children 0-3 - based on PL 94-457, Education of the Handicapped Act PL-94-457 authorized early intervention of toddlers and families
IDEA-1997
Gives rights to transition special educational students into vocational programs; Occupational access.
Perkins Act
Ruled that students cannot be identified as MR unless they were properly assessed by considering the student’s primary language and had scores at least 2 SD below the mean
Guadalupe v Temple School District
FL judge said school can deny diploma to students that did not pass state test; they received certificate of completion instead
Debra P vs Turlington, 1983
Declared that students with disabilities must be given a public education, and that financial limits were a moot point in providing education to these students. It set a precedent that educational services must be made based on children’s needs, not on the schools’ fiscal capabilities to provide such services.
Mills vs. BOE of DC, 1972
Ruled that a boy with Down Syndrome should receive education in a neighborhood school; inclusion
Oberti vs. BOE of the Borough of Clementon School District, 1993
The Court’s decree laid the foundation for the establishment of the right to an education for all children with disabilities. That case also established the standard that each child must be offered an individualized education and that children should be placed in the least restrictive environment possible.
PARC vs Penn, 1972
Ruled in favor of school that suspended faculty member for delaying report of suspected child abuse by another teacher
Pesce vs. J. Sterling Morton HS, 1987
Required enforcement of desegregation in schools including bussing
Stell vs. Board of Ed of Savannah, 1963
Student with spina bifida, needed to be catheterized during school hours. Is a related service, must be done in school - related to education because must be done for her to participate in special education
Tatro vs. Irving Independent School District, 1984
Upheld racial segregation through “separate but equal” thought process
Plessy v. Ferguson 1896
Overturned Plessy v. Ferguson educational facilities are not allowed to be separated by race.
Brown v. BOE
Education must be equal regardless of SES (associated with ability TRACKING)
Hobson v. Hansen
Assessments must be given in native language of student
Diana v. State BOE
Students cannot be labeled MR unless properly assessed in appropriate language.
Guadalupe v. Temple School District
% of minorities in SPED cannot precede % of minorities in Reg ED
Larry P. v. Riles
Standardized tests can be use if culturally appropriate and in tangent with other measures.
PASE v. Hannon
Contrast Larry P. v. Riles, % of kids doesnt matter as long as assessment procedures are appropriate
Marshall v. Georgia
Manifestation Determination was determined during
Honig v. Doe
kids have a right to an ADEQUATE education not the BEST education
Rowley v. BOE
Duty to warn, when danger is present (self or others)
Tarasoff case
ESL accommodations must be provided in schools
Lau v. Nichols
SPED students have the right to be transitioned into voc. programs
Perkins Act
Schools must provide medical services that don’t require a medical doctor even if that means hiring a student a full time nurse (feeding tube)
Tatro v. Irving Independent School District
all children regardless of race, sex, ethicity and disabilty have a right to be educated under the 14th amendment
Mills v. BOE
Notice/ procedural due process is necessary for suspensions, and labels
Goss v. Lopez
Kids in schools have freedom of expression (protest armbands)
Tinker vs. Des Moines Independent Community School District
