Key Legal Cases Flashcards
Brown v. Board of Education
states that educational facilities are not allowed to segregate 98 according to race.
Hobson v. Hansen
ruled that schools must provide equal educational opportunities despite a family’s socioeconomic status (SES). Review laws dealing with ability tracking.
Diana v. State Board of Education
states that assessments must be administered in the native language of the student in order to validate minority testing practices. This is similar to another case
Guadalupe v. Temple School District
In this case, it was ruled that students cannot be identified as mentally retarded unless they were properly assessed by considering the student’s primary language and had scores at least two standard deviations below the mean.
Larry P. v. Riles
landmark case in California that ruled that the percentage of minority students placed in special education classrooms could not exceed the percentage in the representative population. This ruling was based on the fact that there was an overrepresentation of minorities classified as mentally retarded.
PASE v. Hannon
is a pro-special education ruling that endorsed the use of standardized tests as long as the tests are not culturally biased and are used with several other measures.
PARC v. Commonwealth of Pennsylvania (1972)
This is a landmark case that marks the genesis of FAPE. The court ruled in this case that intellectually disabled children should have access to public education and that due process rights shall be honored and preserved.
Marshall v. Georgia
is also a pro-special education ruling that stood in contrast to the Larry P. case. The Marshall ruling stated that the percentage of minorities placed in special education can exceed the percentage in the representative population as long as the appropriate and proper steps for placement were followed.
Honig v. Doe
states that special education students must have a manifestation hearing to review placement if they are suspended for more than 10 days.
Oberti v. Cementon (1993)
is a legal case that affirmed the rights of a special needs student to be included (inclusion) in regular education classes and activities. The courts also underscored that schools must adhere to the IDEA requirements especially those related to an LRE.
Rowley v. Hudson Board of Education (1982)
is an important landmark case wherein the judge stated that public schools do not have to provide the best education, but rather an adequate education. In other words, schools do not have to provide a Cadillac; a Ford is acceptable. (Note: Never repeat the previous statement to a parent.) This case defined and provided parameters for FAPE.
The Tarasoff case
is a well-known case that is an interesting story. In short, the court ruled that a school district has a duty to warn the parents if their child is in danger. (This is important for antibullying programs and threat assessment situations.)
Lau v. Nichols (1974)
ruled that schools must provide accommodations for English as a second language (ESL) students.
Tatro v. Irving Independent School District
was a Supreme Court case that ruled that schools must provide medical services that do not require a medical doctor to perform such medical services, even if the child needs full-time attention from a nurse.
