Plessy Vs. Ferguson ( 1896 ) Presented by Brent Daigle, Ph.D. (ABD)

Watson v. City of Cambridge (1893) White House Conference on Children (1910) Beattie v. Board of Education (1919)

Watson v. City of Cambridge (1893)

White House Conference on Children (1910)

Beattie v. Board of Education (1919)

Brown V. Topeka Board of Education 1954

PARC v. Pennsylvania (1972) Mills v. Board of Education (1972)

What does Section 504 require ?? Program accessibility Comparable facilities Free Appropriate Public Education (FAPE) Evaluation before placement Individualized education (Individualized Education Plan) Least Restrictive Environment Due Process Procedures

Program accessibility

Comparable facilities

Free Appropriate Public Education (FAPE)

Evaluation before placement

Individualized education (Individualized Education Plan)

Least Restrictive Environment

Due Process Procedures

Education of All Handicap Children Act (1975) Free Appropriate Public Education (FAPE) Parental Involvement Individualized Education Program (IEP) Least Restrictive Environment Nondiscriminatory Tests Due Process P.L. 94-142

Free Appropriate Public Education (FAPE)

Parental Involvement

Individualized Education Program (IEP)

Least Restrictive Environment

Nondiscriminatory Tests

Due Process

Board of Education of the Hendrick Hudson Central School District v. Rowley (1982) Two Part Standard Did the school district satisfy the requirements of the law Was there a meaningful educational benefit

Two Part Standard

Did the school district satisfy the requirements of the law

Was there a meaningful educational benefit

Polk v. Central Susquehanna Intermediate Unit 16 (1988) * Minimal educational requirement must be viewed on a case by case basis * “More than trivial“ – Determined by Individualized Education Plan

(1990 / 1997) Key Principles Zero Reject Free Appropriate Public Education Least Restrictive Environment Due Process Individualized Education Plan Nondiscriminatory Assessment Provisions Parental Participation

Key Principles

Zero Reject

Free Appropriate Public Education

Least Restrictive Environment

Due Process

Individualized Education Plan

Nondiscriminatory Assessment Provisions

Parental Participation

Four part test to determine if IEP is calculated to provide a meaningful educational benefit. The program is individualized on the basis of the student's assessment and performance; The program is administered in the least restrictive environment; The services are provided in a coordinated and collaborative manner by the key stakeholders; Positive academic and non-academic benefits are demonstrated. v. Michael F. (1997)

Four part test to determine if IEP is calculated to provide a meaningful educational benefit.

The program is individualized on the basis of the student's assessment and performance;

The program is administered in the least restrictive environment;

The services are provided in a coordinated and collaborative manner by the key stakeholders;

Positive academic and non-academic benefits are demonstrated.

Aligned with No Child Left Behind Act of 2001: Highly qualified Assessment Behavior / Procedural Safeguards Disproportionality / Overrepresentation Due Process Initial Evaluations / Reevaluations Content of Individual Education Plan President George W. Bush greets Kyle Stevenson during signing ceremony for the Individuals with Disabilities Education Improvement Act of 2004 on Dec. 3, 2004. White House photo by Tina Hager Individuals with Disabilities Education Improvement Act (2004)

Aligned with No Child Left Behind Act of 2001: Highly qualified

Assessment

Behavior / Procedural Safeguards

Disproportionality / Overrepresentation

Due Process

Initial Evaluations / Reevaluations

Content of Individual Education Plan