LEGAL ISSUES IN
ASSESSMENT
CHAPTER TWO
CHAPTER OBJECTIVES
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The basic problems with respect to
discrimination in special education
The landmark court cases in special education
Section 504 of the Vocational Rehabilitation Act
P.L. 93-380: The Family Education Rights and
Privacy Act
P.L. 94-142: The Education of All Handicapped
Children’s Act
The procedural safeguards under P.L. 94-142
CHAPTER OBJECTIVES
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P.L. 98-524: The Vocational Education Act of
1984- the Perkins Act
P.L. 99-457: Education of the Handicapped Act
Amendments of 1986
P.L. 105-17: The Individuals with Disabilities
Education Act of 1997 (IDEA ’97)
P.L. 101-336: The Americans with Disabilities Act
The role of state and federal government in
establishing and implementing laws pertaining to
special education.
Prior to 1975
The two types of discrimination most
evident were:
1. The exclusion of students with
disabilities altogether from school.
2. The classification of students with
disabilities when, in actuality, no
disability was present.
LANDMARK COURT
CASES IN SPECIAL
EDUCATION
BROWN v. BOARD OF EDUCATION of
TOPEKA, KANSAS- 1954
The court ruled that it was illegal practice
under the Fourteenth Amendment to
arbitrarily discriminate against any group of
people. It then applied this principle to the
schooling of children.
HOBSON v. HANSEN- 1967
Court declared D.C. school system’s tracking
system invalid, but allowed for special
classes providing testing procedures were
rigorous and that testing was frequent.
DIANA v. STATE BOARD OF EDUCATION1970
California was mandated to correct bias in
assessment procedures.
1. If a student’s primary language was not
English…
2. Culturally unfair items…
3. Intelligence tests had to be developed…
PARC v. COMMONWEALTH OF
PENNSYLVANIA- 1972
Court ratified a consent agreement assuring
that schools may not exclude students who
have been classified with MR. The court
mandated that all students must be
provided with a free public education.
WYATT v. STICKNEY- 1972
Court ruled that MR students in state
institutions had a constitutional right to
treatment.
GUADALUPE v. TEMPE ELEMENTARY
SCHOOL- 1972
Court agreement stipulated that children
could not be placed in educable mentally
retarded classes unless they scored lower that two
standard deviations below the population mean on
approved IQ test. Also stipulated that other
assessment procedures must be used and parental
permission must be obtained.
MILLS v. BOARD OF EDUCATION OF
DISTRICT OF COLUMBIA- 1972
Set further guidelines for federal legislation,
including the rights of students with
disabilities to have free public education,
due process protection, and required
services regardless of the school district’s
financial capability.
PASE (Parents in Action on Special
Education) v. JOSEPH P. HANNON- 1980
Only 9 of 488 test questions found on an IQ
test in question were found to be racially
biased. IQ tests were found not to be
discriminatory. As a result, the use of
intelligence tests were deemed acceptable
in psychoeducational assessment as long as
they follow other federal laws.
LUKE S. and HANS S. v. NIX et al. – 1982
Court deemed limited 60 day evaluation
period in Louisiana was not appropriate, and
a greater prereferral assessment should be
done before a referral is made.
BOARD of EDUCATION OF HENDRICK HUDSON
SCHOOL DISTRICT v. ROWLEY- 1982
Court determined that Amy Rowley was receiving
an “appropriate” education. Schools do not have
to provide the “best” education or even one to
“maximize” a student’s potential. Programs need
to be designed to enable the unique needs of the
individual student, and the student needs to be
making progress.
JOSE P. v. AMBACH- 1983
Court informed New York City defendants
that all evaluations must be “timely
evaluations.” From the time of referral to
evaluation there can be a maximum of 30
days elapse.
LARRY P. v. RILES- 1984
IQ tests used for placing African American
students in special education as MR were
found to be discriminatory in 3 ways:
1.
IQ tests measure achievement rather than
ability.
2.
IQ tests distribute the population in
accordance to bell curve.
3.
IQ tests lead to classification of more African
American students than white students.
GEORGIA STATE CONFERENCE OF
BRANCHES OF NAACP v. STATE OF
GEORGIA- 1984
Court did not find evidence of differential
treatment of black and white students.
Overrepresentation of black children in
classes for the mentally retarded by itself
was not sufficient to prove discrimination.
DANIEL R. R. v. STATE BOARD OF
EDUCATION- 1989
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One of the leading cases opening the door
to increased inclusion of children with
disabilities in regular education classes
Noted that schools need not modify the
program “beyond recognition”
Also looks at whether it is appropriate for
the child to be in regular education
GERSTMEYER v. HOWARD COUNTY
PUBLIC SCHOOLS- 1994
Howard School District was sued (and
lost) for the costs of private education
and tutoring caused by their delay in
evaluating a student in a timely
manner.
THE HISTORY OF
FEDERAL
LAGISLATION FOR
INDIVIDUALS WITH
DISABILITIES
Section 504 of the Vocational
Rehabilitation Act
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Civil rights law enacted in 1973
Created to prevent discrimination against
all individuals with disabilities in programs
that receive federal funds.
504 ensures students of equal opportunity
to all school activities.
Plays a special role in assessment.
P.L. 93-380:
The Family Education Rights and
Privacy Act (FERPA)
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Often referred to as the “Buckley
Amendment”
Gives parents of students under 18, and
students over 18, the right to examine
records kept in the student’s personal file.
Passed in 1974 to cover students,
including those in postsecondary education
P.L. 94-142:
The Education of All Handicapped
Children’s Act (EHA)
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Before any evaluations, testing, and placement
can be done, there must be parental informed
consent.
All students in special education must be placed
in the least restrictive environment.
All students in special education must have an
individualized education program (IEP).
The evaluation for placement in special
education must be nondiscriminatory.
P.L. 94-142:
The Education of All Handicapped
Children’s Act (EHA)
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The individual is assessed in all areas
related to the suspected disability.
Tests must be given and reports must be
written in the native language.
Parents are entitled to due process.
Zero rejects for all students.
P.L. 98-524:
The Vocational Education Act of
1984- The Perkins Act
States that individuals who are members of
special populations must be provided with
equal access to recruitment, enrollment, and
placement activities in vocational education.
P.L. 99-457:
Education of the Handicapped Act
Amendments of 1986
Congress amends the Education of All
Handicapped Children’s Act to expand
incentives for preschool education
programs, early intervention, and transition
programs.
Individuals with Disabilities
Education Act- P.L. 101-476
“IDEA of 1990”
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The IDEA amendment to P.L. 99-457 requires a
timely, comprehensive, multidisciplinary
evaluation, including assessment activities
related to the child and the child’s play.
A new program was established to help states
develop and implement programs for early
intervention services.
The Individuals with Disabilities
Act of 1997 (IDEA ’97)
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Adding significantly to the provisions for very
young children with disabilities and for students
preparing to leave secondary school.
Adding two new categories in special educationautism and traumatic brain injury
Removing the term “handicapped” from the law
and substituting the preferred term “disability”
Mandating transition services no later than the
age of 16 years of age
The Individuals with Disabilities
Act of 1997 (IDEA ’97)
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Requiring further public commenting on
defining attention deficit disorder in the
law.
Stating that states can be sued in federal
courts for violating the laws.
Strengthened the least restrictive
environment mandate
Strengthened parents’ roles further
The Individuals with Disabilities
Act of 1997 (IDEA ’97)
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Added related services to the types of
services to be provided for transition
services.
Strengthened the obligations of other
agencies to provide services to students
while they are still in school.
Emphasized assistive technology
Expands the number of members of the
IEP team.
The Individuals with Disabilities
Act of 1997 (IDEA ’97)
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Gives school authorities several options in
disciplining a student with a disability.
Changed Part H, serving young children,
to Part C
Children and youth receiving special
education have the right to receive the
related services necessary to benefit from
special education instruction.
P.L. 101-336
The Americans with Disabilities Act
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Protects all individuals with disabilities
from discrimination and requires most
employers to make reasonable
accommodations for them.
Plays a very important role in transitional
services for students with disabilities.
Significant in making sure that all school
buildings are accessible to people with
disabilities.
State Laws Relating to Students
with Disabilities
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State constitutions and laws may go
beyond what is provided in the federal
law, as long as there is no conflict
between them.
Most laws providing for public education
are generally state and local rather than
federal.
CHAPTER OBJECTIVES






The basic problems with respect to
discrimination in special education
The landmark court cases in special education
Section 504 of the Vocational Rehabilitation Act
P.L. 93-380: The Family Education Rights and
Privacy Act
P.L. 94-142: The Education of All Handicapped
Children’s Act
The procedural safeguards under P.L. 94-142
Chapter 2
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PL 108-446 IDEA 2004 – Aligns with NCLB
HQT in special education content areas
Increased accountability
Increased access to general education
curriculum
Chapter 2
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NCLB – PL 107-110
Supports efforts in early literacy
programming
More info to parents about child’s progress
& HQT status of teachers & school report
cards
Effective research-based practices
Greater flexibility for states
CHAPTER OBJECTIVES
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P.L. 98-524: The Vocational Education Act of
1984- the Perkins Act
P.L. 99-457: Education of the Handicapped Act
Amendments of 1986
P.L. 105-17: The Individuals with Disabilities
Education Act of 1997 (IDEA ’97)
P.L. 101-336: The Americans with Disabilities Act
The role of state and federal government in
establishing and implementing laws pertaining to
special education.
THE END