Briefing
From “Special Education Law”
Nikki Murdick
Barbara Gartin
Terry Crabtree
Oliver BROWN et al., Appellants,
V.
BOARD OF EDUCATION OF TOPEKA,
Shawnee County, Kansas, et al.
 United States Supreme Court347 U.S. 438, 98 L.Ed. 873, 74 S.Ct. 686
 Argued December 8—li, 1952 Reargued December 7—9, 1953
 Decided May 17, 1954
 Facts: This case was a consolidated appeal of tour separate groups of
plaintiffs in Kansas, South Carolina. Virginia, and Delaware. The Court
summarized why the four cases were treated together, "In each of the
cases, minors of the Negro race, through their legal representatives, seek
the aid of the Courts in obtaining admission to the public schools of their
community on a non-segregated basis.” The plaintiffs alleged that such
segregation denied them their right of equal protection of the laws under the
fourteenth Amendment. The Courts below each relied on the holding in
Plessy V. Ferguson. 163 U.S. 537, 41 I..Ed. 256, 16 S.Ct. 1138 for the
proposition that ‘equality of treatment is accorded when the races are
provided substantially equal facilities, even though those facilities be
separate.” The plaintiffs argued that segregated public schools could not be
made ‘equal, thus depriving them of their equal protection rights.
 Issue:
The Court summarized the major issue as follows: "Does
segregation of children in public schools solely on the basis of race, even though the
physical facilities and other 'tangible' factors may be equal, deprive the children of the
minority group of equal educational opportunities?“
 Holding:
‘The Court rejected the ‘separate but equal’ doctrine of Plessy v.
Ferguson. In doing so, the Court held that in the field of public education. ‘separate
but equal’ has no place.
 Rationale:
The Court’s holding was based on the history of the post—Civil War
amendments affecting slavery and racial segregation. The Court also looked to
modern theories of psychology, accepting the idea that segregation, especially
among school-age children, fostered lifelong feelings of inferiority. Further, the Court
used its holding in Sweat V. Painter 339 U.S. 629. 94 LEd. 1117. 70 S.Ct. 8-48 to
support the notion that qualities that are incapable of objective measurement, such as
the ability to engage in discussions and exchange views with other students, made
the “separate but equal doctrine inadequate for assuring equal educational
opportunities for children.
 Effects:
The effects of the Brown decision are far-reaching in the areas of
Constitutional law, education, civil rights, and race relations, The specific holding only
addressed the constitutionality of the segregated education systems of four school
districts, but the decision effectively began the slow process of desegregating schools
across the nation. While the Court specifically overruled Plessy v. Ferguson in only
the public education context, the Brown decision was an important catalyst in the
Court’s later decisions affecting all facets of American society.
 Discussion Questions
1. Prior to Brown v. Board of Education, segregation was the way
things are done.” As a result of the Court’s ruling, what changes
occurred in your state in
a. elementary and secondary public school?
b. vocational education?
c. higher education?
d. teacher-training programs?
e. the provision of education to persons with disabilities?
2. How did the decision in Brown v. Board of Education support each of
the following:
a. the deinstitutionalization movement?
b. the advocacy movement?
c. civil rights activism?
d. governmental involvement in education?

Public Law 105—17: Title and Findings
105th Congress
An Act to amend the Individuals with
Disabilities Education Act, to
reauthorize and make improvements to
that Act, and for other purposes
Be it enacted by the Senate and House of
Representatives of the United States
America in Congress assembled
Section 1.
This Act may be cited as the
“Individuals with Disabilities Education Act
Amendments Short Title of 1997”.
Title I—Amendments to the Individuals
with Disabilities Education Act
Sec. 101. Amendments to the Individuals
with Disabilities Education Act.
Parts A through D of the Individuals with
Disabilities Education Act (20 U.S.C. 1400
et seq.) are amended to read as follows:
Part A—General Provisions
Sec. 601. Short Title; Table of Contents;
Findings; Purposes
(a) SHORT TITLE—This Act may be cited
as the Individuals with Disabilities
Education Act.
(h) TABLE OF CONTENTS—The table of
contents for this Act is as follows:
(c) FINDINGS—The Congress finds the
following:
(1) Disability is a natural part of the human
experience and in no way diminishes the right of
individuals to participate in or contribute to
society. Improving educational results for
children with disabilities is an essential element
of our national policy of ensuring equality of
opportunity, full participation, independent living,
and economic self-sufficiency for individuals with
disabilities.
(2) Before the date of the enactment of the Education for
All Handicapped Children Act of 1975 (Public Law 94142)—
(A)
the special educational needs of children with
disabilities were not being fully met;
(B)
more than one—half of the children with
disabilities in the United States did not receive
appropriate educational services that would enable
such children to have full equality of opportunity;
(C)
1,000000 of the children with disabilities in
the United States were excluded entirely from the
public school system and did not go through the
educational process with their peers;
(D) there were many children with disabilities throughout
the United States participating in regular school
programs whose disabilities prevented such children
from having a successful educational experience
because their disabilities were undetected; and
(E) because of the lack of adec1uate services within the
public school system, families were often forced to find
services outside the public school system, often at
great distance from their residence and at their own
expense.
(3) Since the enactment and
implementation of the Education for All
Handicapped Children Act of 1975, this Act
has been successful in ensuring children
with disabilities and the families of such
children access to a free appropriate
public education and in improving
educational results for children with
disabilities.
(4) However, the implementation of this Act
has been impeded by low expectations,
and an insufficient focus on applying
replicable research on proven methods of
teaching and learning for children with
disabilities.
(5) Over 20 years of research and experience has
demonstrated that the education of children
with disabilities can be made more effective
by—
(6) (A)
having high expectations for such
children and ensuring their access in the
general curriculum to the maximum extent
possible;
(B)
strengthening the role of parents and
ensuring that families of such children have
meaningful opportunities to participate in the
education of their children at school and at
home;
(C)
coordinating this Act with other local,
educational service agency, State, and
Federal school improvement efforts in order
to ensure that such children benefit from
such efforts and that special education can
become a service for such children rather
than a place where they are sent;
(I)) providing appropriate special education
and related services and aids and
supports in the regular classroom to such
children, whenever appropriate;
(F) supporting high-quality, intensive professional
development for all personnel who work with
such children in order to ensure that they have
the skills and knowledge necessary to enable
them—
(i) to meet developmental goals and, to) the
maximum extent possible, those challenging
expectations that have been established for all
children; and
(ii) to be prepared to lead productive,
independent, adult lives, to the maximum
extent possible;
(F) providing incentives for whole-school
approaches and pre-referral intervention to
reduce the need to label children as disabled in
order to address their learning needs; and
(G) focusing resources on teaching and learning
while reducing paper work and requirements
that do not assist in improving educational
results.
(6) While States, local educational agencies,
and educational service agencies are
responsible for providing an education for all
children with disabilities, it is in the national
interest that the Federal Government have a role
in assisting State and local efforts to educate
children with disabilities in order to improve
results for such children and to ensure equal
protection of the law.
(7) (A) The Federal Government must be responsive to the
growing needs of an increasingly more diverse society.
A more equitable allocation of resources is essential for
the Federal Government to meet its responsibility to
provide an equal educational opportunity for all
individuals.
(B) America’s racial profile is rapidly changing. Between
1980 and 1990, the rate of increase in the population
for white Americans was 6 percent, while the rate of
increase for racial and ethnic minorities was much
higher: 53 percent for Hispanics, 13.2 percent for
African Americans, and 107.8 percent for Asians.
(C) By the year 2000, this Nation will have 276,000,000
people, nearly one of every three of whom will he either
African-American, Hispanic, Asian-American, or
American Indian.
(D)
Taken together as a group, minority children are
comprising an ever larger percentage of public school
students. Large-city school populations are
overwhelmingly minority, for example: for fall 1993, the
figure for Miami was 84 percent; Chicago. 89 percent;
Philadelphia, 78 percent; Baltimore, 84 percent;
Houston, 88 percent: and Los Angeles, 88 percent.
(E)Recruitment efforts within special education must focus on
bringing larger numbers of minorities into the profession in
order to) provide appropriate practitioner knowledge, role
models, and sufficient manpower to address the clearly
changing demography of special education.
(F) The limited English proficient population is the fastest
growing in our Nation, and the growth is occurring in many
parts of our Nation. In the Nation’s 2 largest school districts,
limited English proficient students make up almost half of all
students initially entering school at the kindergarten level.
Studies have documented apparent discrepancies in the
levels of referral and placement of limited English proficient
children in special education. The Department of Education
has found that services provided to) limited English proficient
students often do not respond primarily to the pupil’s
academic needs. These trends pose special challenges for
special education in the referral, assessment, and services
for our Nation’s students from non-English language
backgrounds.
(8) (A) Greater efforts are needed to
prevent the intensification of problems
connected with mislabeling and high dropout rates among minority children with
disabilities.
(B)More minority children continue to be
served in special education than would be
expected from the percentage of minority
students in the general school population.
(C) Poor African-American children are 2.3 times
more likely to) he identified by their teacher as
having mental retardation than their white
counterpart.
(D) Although African-Americans represent 16
percent of elementary and secondary
enrollments, they constitute 21 percent of total
enrollments in special education.
(E) The drop-out rate is 68 percent higher for
minorities than for whites,
(F) More than 50 percent of minority students in
large cities drop out of school.
(9) (A) The opportunity for full participation in
awards for grants and contracts; board of
organizations receiving funds under the Act; and
peer review panels; and training of professionals
in the area of special education by minority
individuals, organizations, and historically black
colleges and universities is essential if we are to
obtain greater success in the education of
minority children with disabilities.
(B) In 1993, of the 915,000 college and university
professors. 4.9 percent were African-American and 2.4
percent were Hispanic. Of the 2,940,000 teachers,
pre—kindergarten through high school, 6.8 percent
were African-American and 4.1 percent were 1
Hispanic.
(C) Students from minority groups comprised more than 50
percent of K—12 public school enrollment in seven
States yet minority enrollment in teacher training
programs is less than 15 percent in all but six States.
(D) As the number of African—American and Hispanic
students in special education increases, the number of
minority teachers a ml related service personnel
produced in our colleges and universities continues to
decrease.
(E) Ten years ago, 12 percent of the United States
teaching force in public elementary and secondary
schools were members of a minority group. Minorities
comprised 21 percent of the national population at that
time and were clearly underrepresented then among
employed teachers. Today, the elementary and
secondary teaching force is 13 percent minority, while
one-third of the students in public schools are minority
children.
(G) While African-American students constitute 28
percent of total enrollment in special
education, only 11.2 percent of individuals
enrolled in pre-service training programs for
special education are African-American
(H) In 1986—87, of the degrees conferred in
education at the BA.. MA., and Ph.D. levels.
only 6. 8, and 8 percent, respectively, were
awarded to African-American or Hispanic
students.
(10) Minorities and underserved persons
are socially disadvantaged because of the
lack of opportunities in training and
educational programs, undergirded by the
practices in the private sector that
impeded their full participation in the
mainstream of society.
(d) PURPOSES—The 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 employment and independent living;
(B) to ensure that the rights of children with disabilities and
parents of such children are protected; and
(C) to assist States, localities, educational service
agencies, and Federal agencies to provide for the
education of all children with disabilities;
(2) to assist States in the implementation of a statewide,
comprehensive, coordinated, multidisciplinary,
interagency system of early intervention services for
infants and toddlers with disabilities and their families;
(3) to ensure that educators and parents have the
necessary tools to improve educational results for
children with disabilities by supporting systemic-change
activities; coordinated research and personnel
preparation; (2000-dinated technical assistance,
dissemination, and support; and technology
development and media services; and
(4) to assess, and ensure the effectiveness
of, efforts to educate children with
disabilities.
Discussion Questions
1. The 1997 Amendments to IDEA list 10
findings leading to the enactment of the
legislation. Which finding do you believe is
the most important, and why?
2. How did the 1997 Amendments to IDEA
ensure that each of its four purposes
would be met?
Briefing
Ridgewood Board of Education v. N.E.
172 F.3d 238 (3rd Cir. 1999)
Facts
ME. is a 17-year-old high school student whose learning disabilities
qualify him as a child with disabilities” under the IDEA, 20 U.S.C. ~}
140() et seq. ME. experienced learning difficulties in both the first
and second grades, attended summer school on his teachers
recommendation without any appreciable success, and was
transferred at his parents’ request ) another school in the district
where his difficulties continued, During the third grade, ME. was
evaluated by an independent learning disabilities teacher consultant
and determined to be learning disabled with intelligence at the 95th
percentile and reading skills at the 2I~(I percentile. The school
district agreed with the general assessment but refused to classify
ME. as learning disabled because it concluded that he was not
“perceptually impaired” within the meaning of New Jersey law
(pages 158-160).
 In the sixth grade M.E. was reevaluated by the
Child Study Team who maintained that ME.
showed no signs of perceptual deficits, again
refused to classify him as perceptually impaired,
and determined that he was not eligible for
special education. ME’s academic difficulties
continued throughout the remainder of
elementary school. In the seventh grade after an
evaluation by an independent child study team,
the school district agreed to classify M.E. as
perceptually impaired and developed an
Individualized Education Program (IEP).
At the end of the eighth grade, the school district decided
that ME, should no longer be placed in regular classes.
For the 1996—97 school year, it proposed an IEP that
provided for resource center instruction in all academic
classes two daily periods of supplementary instruction,
and speech language therapy once a week. ME. ‘s
parents disagreed with the IEP stating it provided fewer
services than the proven inadequate IEP of the previous
year. In 1996, ME’s parents requested a due process
hearing before the New jersey Department of Education
contending the school district’s proposed IEP for 1996—
97 failed to provide a “free appropriate public education”
within the meaning of IDEA and requesting that ME. be
placed in private school at the school district’s expense.
 The school district refused. The parents
placed ME. at a private school that
specialized in educating students with
learning disabilities. The school district
also refused the parental request to pay
for the private school’s summer program.
M.E. attended the summer school program
at his parents’ expense and made steady
and considerable progress.
 The Administrative Law judge (AU) held that the
district’s 1996-97 IEP failed to provide ME. with
a free appropriate public education. The AU then
ordered the school district to pay ME. ‘s tuition at
the private school and reimburse the parents for
the tuition costs of attending the private school’s
summer program in 1996.
 In 1997, the school district filed a complaint in
federal court under 20 U.S.C. ~
1415(i)(2)(1998), and ME. brought a
counterclaim seeking compensatory education.
and the non-tuition costs of attending the
private school. He also filed a third-party
complaint against various school district
administrators and child study team members alleging violations of IDEA, The
Rehabilitation Act of 1973, New jersey
state law, and the U.S. Constitution. He
requested compensatory and punitive
damages under Section 1983.
 In 1998, the District Court reversed the ALJ’s
decision that the school district had not provided
ME. a free appropriate education and reversed
the decision that the school district pay M.E’s
tuition at the private school. The District Court
also granted the school district summary
judgment on M.E. ‘s third-party complaint
seeking compensatory and punitive damages
because M.E. had not been denied an
education.
 The District Court’s decision was appealed to
the Third Circuit Court of Appeals. M.E.
remained at the private school at the school
district’s expense pursuant to an agreement
between his parents and the school. After oral
argument the Circuit Court ordered the school
district to comply with the District Court’s order,
enjoining the implementation of its earlier order,
and to pay ME.‘s tuition, and residential and
transportation costs at the private school.
 Issue:
Provision of a Free Appropriate Public
Education
 Holding: The District Court held that an IEP need only
provide ‘more than a trivial educational benefit” in order
to he appropriate, equating this minimal amount of
benefit with a “meaningful educational benefit.” The
standard set forth in the applicable case law requires
“significant learning” and meaningful benefit. The
provision of more than a trivial educational benefit” did
not meet these standards. The Circuit Court also found
that the District Court failed to give adequate
consideration to ME’s intellectual potential in its
conclusion that the school district’s IEP was appropriate.
The District Court did not analyze the type and amount
of learning of which ME. was capable. The judgment of
the District Court was vacated and remanded.
Issue: Placement at Landmark, a Private
School
Holding:
The District Court’s holding
that the school district was not required to
pay ME.‘,s tuition at the private school for
the 1996—97 school year because his IEP
had provided him with a free appropriate
public education was remanded for
reconsideration.
Issue: Compensatory Education
Holding:
The District Court erred when
it dismissed ME. ‘s claim for compensatory
education for the years 1988—1996 on a
finding that his 1996—97 IEP was
appropriate.
Issue: Costs and Fees at the
Administrative Hearing
Holding:
The decision to vacate the
District Court’s reversal required that the
denial of fees and costs be vacated and
remanded.
 Issue: Third-Party Claims under 42 U.S.C. §
1983
 Holding: The order of the District Court granting
summary judgment was affirmed. In order to
prevail on a Section 1985 suit brought against
defendants in their official capacity, the plaintiff
must establish that the deprivation of his rights
was the result of an official policy or custom. The
District Court held that M.E. provided no
evidence that third-party defendants acted in
such a manner. Indeed, the evidence presented
indicated that the school district had failed to
fulfill its responsibilities, not ignore them.
Issue: IDEA Claims
Holding:
The grant of summary
judgment on ME’s IDEA claims was
vacated, since it appeared that the District
Court examined only the 1996-97 school
year.
Issue: Section 504 Claims
Holding:
The District Court’s grant of
summary judgment on ME’s 504 claims
was vacated and remanded since there
was a genuine issue of fact concerning the
school district’s failure to satisfy its 504
responsibility
Issue: Section 1983 and 1985
Conspiracy Claim
Holding:
The Circuit Court agreed with
the District Court’s grant of summary
judgment on ME’s 1985 claim because it
found no evidence that suggested the
alleged violation of ME’s rights was
motivated by racial or “otherwise classbased” animus.
Issue: Qualified Immunity
Holding:
‘The Circuit Court vacated
and remanded the District Court’s holding
so that it could be reconsidered in light of
WB. v. Matula (1995).
Issue: State Law Claims
Holding:
The District Court dismissed
M.E. ‘s state law claims alleging violations
of the New jersey law against
discrimination and the New Jersey
constitutions guarantee of a thorough and
efficient education because the third-party
defendants had qualified immunity.
Question
For each of the identified issues, explain
how the Circuit Court may have decided
its holding. Base your answer on relevant
sections of IDEA and case law.