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court cases

history of sped wgu

Parents believed that school failed because their child was not placed in mainstream class. Court ruled that he was in his LRE so that school was not out of compliance with EHA. Danny R. R vs State BOE
Court ruled that education must be available for all children on equal terms. Segregation by race or ability was not equal. Brown vs. Topeka BOE
Court ruled that states could not deny access to education based on predetermined educability. Paved way for due process and LRE Pennsylvania Association for Retarded Children (PARC) vs Commonwealth of Pennsylvania
Lack of funds is not an excuse for failing to provide for exceptional students. If funds are limited all programs must be cut back to create funds. Highlights Due process. Schools are no longer allowed to violate the 14th amendment. Mills vs BOE of DC
Hispanic children were being placed in Special Education based on an IQ test given in their non native language.Tests must be given in the students native language for validity. IQ tests can not be the only form of testing used to place students. Diana vs. California BOE
Parents sued the school because they wanted services that were extremely expensive when other alternatives were available. Court ruled schools do not have to use the most expensive option if it meets the needs of the child. Henrick Hudson school v. Rowley
IQ tests were given with no thought to students cultural background. Kids were testing into sped one the one test. Court ruled that kids must be given more tests. Linked to Diana vs CA case. Larry P. vs Riles
If a student needs a necessary services such as a catheter change, school must provide someone to do it. The exception is if this is something that only a qualified professional can do. Irving Independent SD vs. Tatro
Children with disabilities cannot be expelled if their behavior is caused by their disability. If behavior is not caused by disability, they can be expelled. Honig v. Doe
Students were being placed into "special" tracks based on race and IQ tests. Court ruled against this. Placement must be made on needs not outside issues. Hobson v. Hansen.


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