Special Education Court Cases – Flashcards

Established the right to an equal educational opportunity based upon the Fourteenth Amendment, which provided that people could not be denied "equal protection of the laws" or deprived of "life, liberty, or property" without due process. Recognized that educating any "class of children" separately, even if done in equal facilities, was intrinsically unequal because of the stigma attached to segregation and because of the denial of association with children from other classes.

Established that students with mental retardation have the right to an appropriate education. Required state and local districts to place all children with mental retardation in a "free public program of education and training appropriate to the child's capacity." Established that the State must engage in extensive efforts to locate and evaluate all students with mental retardation.

Established that children with disabilities other than mental retardation have the right to an appropriate education, regardless of the degree of mental, physical, or emotional disability.

Established that using intelligence tests as the sole basis for diagnosing mental retardation for placement in special education classes is inappropriate.

First case raising questions about placement in special education. Court ruled tha using test scores to group students into "tracks" was unconstitutional.

Ruled that tests should be given in native language.

Supreme court ruled that individualized decisions based on the unique needs of each child were essential under federal laws.Schools who let one criterion determine placement were in violation of federal law.

Schools must provide nursing services under special education law when they are necessary for FAPE.

A child with a disability who is put in prison for a behavior unrelated to disability is to be educated by the state.

If residential placement is required, school districts must provide it.

Schools must pay for necessary placements.

LRE/FAPE means that students have the right to inclusion to the maximum extent possible.

Districts may pay for a student services if needed when student attends a parochial school w/out violating seperation of church and state.

If schools do not provide appropriate services and a private school does, the district may have to pay even if they did not approve the placement.