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

political coalitions - interest groups;

laws and judicial interpretation - rules
created to stabilize coalitions;


science and technology; personal
satisfaction - working and living
environment and
public attitude - the slowest and most
difficult to change.
PL 94-142 Education of All
Handicapped Children Act
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
P.L. 94 -142 Four Major Purposes:
1.
Full educational opportunities (free/public)
2.
Procedural safeguards - specifically policies and
procedures for safeguarding due process rights
3.
4.
Appropriate education – IEP
State 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
Private 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.
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.101-476




amended P.L. 94-1 42
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).
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. 88-452, Elementary
and Secondary Education Act P.L. 89-10,
and Education for All Handicapped
Children Act P.L. 94-142.


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
• Full
• person no longer acts for self in any
capacity
• for major decisions may need to seek
court approval
Partial Guardianship

Guardianship of Estate/Property
•
•
•
•
•
How, when, and where to spend money
How to administer property
Collects monies due to person
Pays bills
Buys necessities
Sells assets

Person may
•
•
•
•
•
Invests as sees fit
still retain capacity to vote
decide to marry
write a will
make medical decisions
Guardianship of the Person
•
Where to live
•
Medical treatment
•
whom doctor will be
•
whom associate with
•
where 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
choices; and
3.
the opportunity to
free of coercion, expressed or implied.
information and weigh