Education and the Law Kathleen S. Whittier
Legal issues Roberts v. the City of Boston (1894) a case concerning the denial of admission of Sarah Roberts, a black woman, to a school for whites. The courts ruled that Sarah was not being denied instruction by being refused admission to the school in question, but no consideration was given either to the possibility that her educational experiences were not equivalent. This legal decision set precedent for related exclusionary cases in years to come
Williams v Board of Education (1908) established that school boards have the power to assign pupils to particular schools, unless it is shown to be arbitrary as to negate the efficacy of placement. Most educational legal decisions involving children with mental retardation have exclusionary rather than facilitative. That is, they were concerned with protection of schools rather than educational and social needs of the “undesirable Child”.
A philosophical change came about in the mid part of the 20th century Beattie v State Board of Education. City of Antigo (19S0) Petty. Beattie concerned a boy with CP excluded from public school classes because of his condition - which was argued caused depressing effects on his classmates and teachers. The school board recommended placement in a school for children who were deaf and/or speech-defective.
The boy refused this placement and was supported by his parents. An appeal was made an the local superintendent asked for a ruling from the State Superintendent of Public Instruction in Wisconsin - when no firm response was given the school refused to allow the boy to enroll
The municipal court of Antigo jury ruled in favor of reinstating the boy in public school - although this decision was overruled on appeal to the Wisconsin Supreme Court, an important dissenting opinion was written: 1.school should yield to earlier opinion 2.physical appearance and related behavior did not have harmful effects or infringe on the other children’s right to an education
State Board of Education v In Re: Petty occurred in Iowa in this case an argument almost diametrically opposed to Beattie case was heard – School system wanted to place a child who was deaf in a school for the deaf, parents refused and enrolled the child in a rural public school – court decided to uphold school case is important as it established the right of a child with disabilities to an appropriate.
Brown v Board of Education. Topeka, 1954 was to have far reaching effects on education in the issue was segregation and concomitant “equal opportunity” education is a right and must be available on equal terms.
Basic legal argument Full educational opportunities: goal is to provide all children with disabilities with FAPE. Priorities are given to children not being served and to children with severe disabilities
Five major factors in this model p p p political coalitions - interest groups; llllaws and judicial interpretation - rules created to stabilize coalitions; sssscience and technology; personal satisfaction - working and living environment and ppppublic attitude - the slowest and most difficult to change.
PL Education of All Handicapped Children Act signed into law reluctantly by President Ford on Nov. 28,1 975 signed into law reluctantly by President Ford on Nov. 28,1 975 received overwhelming congressional support (Senate 87 to 7; House 404 to 7). Ford’s reservations were not with Act but its cost of implementation Ford’s reservations were not with Act but its cost of implementation
P.L Four Major Purposes: 1. F ull educational opportunities (free/public) 2. P rocedural safeguards - specifically policies and procedures for safeguarding due process rights 3. A ppropriate education – IEP 4. S tate assistance - monies, guidelines, and technical assistance
Educational Change “ the right to be human, based upon principles of equality, is applicable to all individuals!”
Educational law in the United States is a function of the state government under the Tenth amendment of the Constitution The Tenth Amendment provides that powers not delegated by the Constitution to the federal government are passed on to the state
Constitutional Grounds Equal protection- _____th amendment - no state shall deny to any person within its jurisdiction the equal protection of the laws
Substantive due process - th (federal) and ______th (state) amendment - Right to appropriate classification and treatment
Procedural due process th and _____th amendment - placement rights in education and the criminal justice system
Other amendments _____th amendment -right to treatment and rights in prison _____ th amendment -no person shall be forced or coerced into working -the right to work (institutions) _____st amendment freedom -right to education -free exercise of basic rights
Legal Terms Cause of action Class action Complaint Consent agreement Constitutional rights Declaratory relief Due process Equal protection Injunctive relief Motion Ordinance Petitioner Petition Plaintiff Precedent PPPPrivate cause of action Relief Remand Respondent Statute Summary judgment
Education is not a ____________ right, but rather a privilege granted to people through the state. When a state undertakes to provide education, the ______th Amendment comes into use, stating that the state, when providing education, must do so on equal terms, and must not deny any state- granted right without due process.When a state undertakes to provide education, the ______th Amendment comes into use, stating that the state, when providing education, must do so on equal terms, and must not deny any state- granted right without due process.
Many cases went to court in regards to segregation of blacks and students with disabilities Refer to cases: Brown vs. the Board of Education of Topeka Pennsylvania Association for Retarded Children (PARC) vs. Pennsylvania Mills vs. Board of Education
Litigation intricately involved in development of policies/procedures for public education. freedom of speech (refer to court case Tinker vs. Des Moines Independent School District and Bethel School District No. 403 vs. Fraser) Search and seizure (in reference to the ______________th Amendment, refer to case New Jersey vs. T.L.O., 1985)
___________________ testing ____________________ of students with disabilities expulsion and suspension
P.L amended P.L changed its title to Individuals with Disabilities Education Act (IDEA) reinforced the importance of considering the child first by altering all references to handicapped children to children with added autism and traumatic brain injury (TBI) as new categories
tightened requirements for transition services for students sixteen years of age or older strongly emphasized collaboration among all special education teachers, general education teachers, and related services personnel
Economic factors Due to the post war economy of the late 19 50’s, funding was formed through National Defense Education Act (NDEA) and increased attention was given to math, science and foreign language, textbooks were upgraded, teacher education was supported, and new teaching materials were developed.
In the 60’s and 70’s increases in spending for education resulted from: racial segregation (integration) school lunch programs remedial instruction Head Start FAPE for all children with disabilities
In the 1980’s funding was used to reexamine the country’s educational system (A Nation at Risk, 1983; The Holmes Report,1 986, and others) and to increase the quality of schooling
Political factors take two forms: formal control - the power delegated to individuals or groups through statutes or laws and regulations (work in a hierarchal fashion). formal control - the power delegated to individuals or groups through statutes or laws and regulations (work in a hierarchal fashion).And informal control influences exerted by individuals or groups on those who formally possess power to control the educational system. -
Examples of Formal Congress is involved when funding is needed - the larger the funding package, the greater the federal control over education becomes. Congressional involvement has expanded with the passage of Economic Opportunities Act P.L , Elementary and Secondary Education Act P.L , and Education for All Handicapped Children Act P.L
President’s involvement is generally limited to establishing legislative agendas and setting the tone of the Supreme Court. Governor’s role in public education is to set legislative agendas and they have the power to veto legislation (except in North Carolina). States’ governors began to increase their role in the educational system during the late 1 980s by forming the Educational Commission of the States and in conjunction with other groups, developed several task forces to examine leadership and management, school facilities, parent involvement and choice, technology, readiness, teaching, and college quality.
State legislatures have direct formal control over their educational system because they are able to crate and design school districts, control teacher certification, prescribe curriculum, mandate attendance laws, regulate aspects of school administration, raise revenue and distribute funds.
School board - has 5-9 elected members who although may exert individual pressure, they must act as a single body to translate policy. Superintendents - act as a liaison to the community, are responsible for the educational and business administration of all schools within the district, prepare and implement budget, curriculum staff, and implement school boards’ goals and policies
Examples of informal teachers’ unions, parent groups (PARC), businesses, civil liberties union, and other lobbying groups.
Reform and Restructuring Education reforms have been suggested by politicians, state and local school boards, associations, governmental agencies and commissions, university boards of regents, and individuals. “Too frequently, however, the suggested reforms have been contradictory in nature, poorly implemented, and eventually abandoned” (Orlich,1989, p. 513).
School reform efforts have historically targeted very specific student population (Native Americans, Mexican Americans, African Americans, students from low SES, students with disabilities).
The three major cycles of school reform have been identified Equal access and funding - examines the dilemma of equal access and funding for all children and youth to the public education system in the United States. Being in school does not mean you will be provided the chance to learn. Funding alone does not guarantee a quality educational experience.
Guardianship Legal procedure ~Court determines that person has severe disability ~disability impairs ability to make rational decisions ~person needs protection and ~ there is no less restrictive alternative
Traditional Guardianship General or Plenary Guardianship Fullperson no longer acts for self in any capacityfor major decisions may need to seek court approvalFullperson no longer acts for self in any capacityfor major decisions may need to seek court approval
Partial Guardianship Guardianship of Estate/Property How, when, and where to spend moneyHow to administer propertyCollects monies due to personPays billsBuys necessitiesSells assets
Person may Invests as sees fitstill retain capacity to votedecide to marrywrite a willmake medical decisionsInvests as sees fitstill retain capacity to votedecide to marrywrite a willmake medical decisions
Guardianship of the Person Where to liveWhere to live Medical treatmentMedical treatment whom doctor will bewhom doctor will be whom associate withwhom associate with where can travelwhere can travel
Citizen Advocate mature and competent volunteer represents the rights and interest of another as if they are own
Community/Expressive Advocacy ~ Educate community ~ Define and document problems ~ Organize community ~ Bring about change ~Improve conditions
Case or Legal Advocate Attorneys - at – law Individual or group litigation or legal negotiation process
Self-advocacy ~Individual whose rights are at risk ~Protects own rights and interests ~Speaks on one’s own behalf
Systems (corporate) Advocacy ~Independent collective of citizens ~Rights and interests of group of people with similar needs ~ Pursue human services system quality and progressive change valid legal consent
Depends on three conditions associated with giving consent: 1. the provision of information on the nature and consequence of the choices under consideration; 2. the information and weigh choices; and 3. the opportunity to free of coercion, expressed or implied.