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The Legal Foundation For Special Education Litigation History Section 504 of the Vocational Rehabilitation Act of 1973 Court Rulings Pl 94-142 The Education for all Handicapped Children Act Pl 99-457 The Education of the Handicapped Act IDEA & Amendments of 1997 ADA Litigation History

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the legal foundation for special education
The Legal Foundation For Special Education
  • Litigation History
  • Section 504 of the Vocational Rehabilitation Act of 1973
  • Court Rulings
  • Pl 94-142 The Education for all Handicapped Children Act
  • Pl 99-457 The Education of the Handicapped Act
  • IDEA & Amendments of 1997
  • ADA
litigation history
Litigation History
  • Special education litigation began to appear in the 1960’s.
  • By 1974, over 36 “right to education” lawsuits were filed in 25 states
exclusion school attendance
Exclusion/School Attendance
  • 1893 - Watson v. City of Cambridge
  • 1919 Beattie v. State Board of Education
  • 1954 Brown v. Board of Education
  • 1972 Mills v. Board of Education
  • 1972 Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
  • 1984 School Committee of Town of Burlington v. Massachusetts Department of Education
  • 1988 Honig v. Doe
rights services
Rights/Services
  • 1967 Hobson v. Hanson
  • 1969 Tinker v. Des Moines Independent
  • 1977 Halderman v. Pennhurst
  • 1979 Larry P. v. Riles
  • 1980 PASE (Parents Action on Special Education v. Hannon
  • 1984 Irving Independent School District v. Tatro
  • 1991 Christi Greer v. Rome
litigation rights services
Before 94-142

1967 Hobson v. Hanson

1969 Tinker v. Des Moines

1970 Diana v. BOE

Post 94-142

1979 Larry P. v. Riles

1980 PASE v. Hannon

1982 BOE v. Rowley

1984 Irving v. Tatro

Litigation Rights & Services
pl 94 142
Pl 94-142
  • Education for all Handicapped Children Act (1975)
  • Provided federal funding
  • FAPE
  • LRE
  • Procedural safeguards
  • Non-discriminatory evaluation
  • IEP
individuals with disabilities education act idea 1990
Individuals with Disabilities Education Act (IDEA) 1990
  • Handicap changed to disability
  • Person first language
  • Added TBI & Autism categories
  • Transition services
  • Address assistive technology & services
idea 97 amendments
FAPE

Nondiscriminatory Evaluation

IEP

LRE

Discipline

Related Services

Parents Rights

Additions/Changes from IDEA 1990

General ed. teacher added to IEP team

Must address communication, VI requiring Braille

Offer mediation

Discipline changes

IDEA ‘97 Amendments
lre daniel r r
Programming issues

Modifications available??

Modifications required

Modification=benefits

Negative impact for students or others

General education interaction

Individual issues

Education benefits in gen. ed. vs. spec. ed.

Nonacademic benefits

Cost of supplementary aids to support in gen. ed.

LRE & Daniel R.R.
americans with disabilities act ada 1990
Americans with Disabilities Act (ADA) 1990
  • Expanded 504 into private sector
  • Public facilities must be accessible
  • TDD services
  • Criticized due to expansiveness
iep contents
IEP Contents
  • Student’s present level of performance
  • Annual goals and short term objectives
  • Where? Who? Provides Services
  • Starting date & duration of services
  • Extent of participation in general education
  • Explanation of time not in general ed.
  • Evaluation plan for objectives
  • Transition plan by age 14
section 504
Section 504
  • Anti-discrimination statute
  • Violations investigated by OCR
  • Funding pulled for non-compliance
  • Definition of impairment very global
  • May qualify under Sec. 504 but not qualify for special education