1 Special Education Law 2008 January 14, 2008 Housekeeping Items Test Your Knowledge Judicial and Legislative History Mills Analysis Overview of IDEA Next session/group assignments

2 Test Your Knowledge American Legal System –Sources of law? –Hierarchy of laws? –Function and power of courts? Understanding Judicial Opinions –Goal when reading a case? –Define case analysis. –Your method of extracting significant information from case?

3 JUDICIAL AND LEGISLATIVE HISTORY Civil rights for people with disabilities is outgrowth of civil rights movement for people of color. Judicial Developments –Brown v. Bd. Of Education of Topeka, 347 U.S. 483 (1954), rules that “separate but equal” doctrine as applied to public education is denial of equal protection of the laws (14 th amendment of US Constitution) –First application of Constitutional protections (14 th Amendment equal protection) to the education or failure to educate students with disabilities heard in federal courts in PARC v. Penn, 334 F.Supp (E.D.Pa. 1972) –Closely followed by Mills v. Bd of Education of DC, 348 F.Supp. 866 (D.D.C. 1972) which brought case under due process clause of 14 th Amendment. –Lau v. Nichols, 414 U.S. 563 (1974) ruled that failure to give special attention to language barriers facing children who spoke Chinese was discrimination on the basis of national origin.

4 14 th Amendment [N]or shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law. As applied to public education—states, if they have compulsory education laws—are Constitutionally required to provide public education to all children (education constitutes both liberty and property interests under legal analysis) unless state can justify legitimate reasons it cannot do so. –Financial defenses to providing education has failed in the courts. See Yell (386).

5 Mills v. Bd of Education, D.C., 348 F. Supp. 866(D.D.C. 1972) Title and Citation Relevant Facts Disputed issue or issues Rule/holding by court Legal Reasoning used What is the significance of the case?

6 FACTS 7 children (with variety of disabilities) sued DC public schools on behalf of themselves and all others similarly situated (class action). Asked court to enjoin (stop) the public schools from denying them public education, and Asked for immediate and adequate education or alternative education. Plaintiffs argue that DC public schools failed to provide education and/or removed students without due process. DC Schools admitted a year earlier that it had failed in its “affirmative duty” to provide public education and due process and signed consent decree to do so. The defendant school district has not complied with the decree.

7 ISSUE(s) Defendant has failed to comply with the consent order (in 1971) and therefore, shouldn’t they comply or be held in contempt?

8 HOLDING Yes. D.C. Public Schools should comply with the consent order/decree from “The applicable statutes and regulations and the Constitution of the United States require it.”

9 LEGAL REASONING DC law –requires that children be educated between ages of –Child may be excused only when “upon examination…is found to be unable mentally or physically to profit from attendance. –If … child could benefit from specialized instruction adapted to his needs, he shall attend upon such instruction.”

10 Reasoning…continued Constitutional Protections of 14 th Amendment: –Equal protection –Due Process

11 SIGNIFICANCE ?

12 Federal Legislative Developments 1965 – Elementary and Secondary Education Act (ESEA) provides money for education children with disabilities 1966 – Amendments to ESEA (Title VI) adds funds for programs 1970 – Education of the Handicapped Act (EHA) replaces Title VI (many IDEA principles) 1973 – Rehabilitation Act of 1973 (section 504) 1974 – ESEA amended by the Education Amendments of 1974 which created the Bureau of Education for the Handicapped and provided variety of funding to encourage states to provide educational services – Education for All Handicapped Children Act (EAHCA) ; funding provided to states that follow extensive due process procedures and ensure all children with disabilities who require “special education” receive FAPE 1975 – Developmental Disabilities Assistance and Bill of Rights (DD Act)

– Amendments to the EAHCA to include funding for early intervention (Part H/C) and attorneys’ fees authorization 1990 – Amendments to the EAHCA; renamed IDEA and substantive changes to the law – Americans with Disabilities Act (ADA) expands Rehabilitation Act jurisdiction – IDEA Amendments included several significant changes – ESEA reauthorized as the No Child Left Behind Act of 2001 which creates extensive accountability provisions that include children with disabilities 2004 – IDEA Amendments signed by President Bush 2006—IDEA Regulations released (WACs in 2007)

14 Washington State Legislative Developments 1943 – Schools for Handicapped Children Act passed; created division in OSPI 1971 – Special Education Law, RCW 28A.155 passed. –It is the purpose of... [this statute] to ensure that all children with disabilities... Have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution of this state. RCW 28A –Appropriate education is defined as “an education directed to the unique needs, abilities and limitations of children with disabilities.” RCW 28A In most instances, state law parallels the language in federal law.

15 Overview of IDEA What is the IDEA? What is the purpose? Who is eligible/protected by IDEA? –Age criteria –Disabilities –Must require special education and related services

Amendment changes (d) Purposes of this title are— –(1)(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.

17 Major Principles of IDEA (Part B) Identification and Evaluation (child find) Zero Reject FAPE LRE Procedural Protections Parents’ role in education Outcomes/Transition

18 Enforcement of IDEA Federal Department of Education conducts audits of states to determine compliance. SEAs must monitor LEAs’ use of IDEA funds SEAs must respond to citizen complaints, due process complaints, and court actions.