Day 46: The Birth of Special Education Rights
Yesterday marked the 66th anniversary of Brown v. Board of Education. This is the landmark civil rights case in which the U.S. Supreme Court found that segregation deprived children of color of the benefits of a racially integrated school. The Court further declared that the opportunity of an education must be available to “all” “on equal terms”. Brown v. Board of Ed paved the way for the special education rights that we enjoy today. In 1972, the court in PARC v. Commonwealth of Pennsylvania ruled that no child with an intellectual disability can have his or her educational program changed without a legal proceeding. The legal process offered the right to a recorded proceeding, a special hearing officer, representation by counsel, and examination of student records; and the right to introduce evidence, to subpoena school officials, and to cross-examine school officials.
In 1972, the court in Mills v. Board of Education of District of Columbia ordered that the District of Columbia had to provide each child of school age with a free and suitable publicly-supported education regardless of the degree of the child’s mental, physical, or emotional disability or impairment. Additionally, students could not be suspended for disciplinary reasons in excess of two days without the opportunity for a hearing and without the provision of adequate alternative educational services during the period of suspension.
The Education for All Handicapped Children Act of 1975 was the precursor to the modern-day Individuals with Disabilities Education Act (I.D.E.A.). It provided for a free appropriate public education for children from ages three to 21; an individualized education program (I.E.P.), related services, procedural safeguards, due process, mandatory State regulations, and funding allocations and entitlements, including average per pupil expenditure.
A New York case, Board of Education of the Hendrick Hudson Central School District v. Rowley (1982), stemming from Westchester County, followed the Education for All Handicapped Children Act. In Rowley, the court discussed access to education— the school district must open the door to public education for children with disabilities.
Over time, a myriad of federal cases has shaped special education rights. To discuss how MSR Legal can help enforce your child’s rights, visit https://www.MSRLegal.ORG/Book-Your-Consultation. Follow @MSRLegalConsulting on Instagram as I post about the evolving landscape of special education in the wake of Covid-19.
Have a safe and healthy week,
Oroma
P.S. Don’t forget to RSVP to MidtownSpeechNYC@gmail.com for my live, virtual conversation with Rebecca Iswara, M.S., CCC-SLP, TSSLD about independent educational evaluations and seeking new school placements. Our talk will take place on Wednesday, June 3rd via Zoom from 8:00 pm to 8:30 pm.
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