On the Same Team
| On the Same Team |
Building collaborative special education relationships between home and school.
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| Copyright © 2009, Maureen A. Lowry-Fritz. All rights reserved. Disclaimer: The information on this website does not constitute legal advice. It is solely for informational and educational purposes. It is not intended to be a legal recommendation, nor should it substitute for obtaining legal counsel from your own attorney. It may or may not represent the current law in your state or locality. |
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| Special Education Case Law For more special education case law, click here. |
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| Case Law |
In the American legal system, there are four sources of law: the Constitution, statutes, regulations and case law. These four sources of law
exist on both the federal level and the state level. Each source of law is important in determining the content and nature of special education
law. Special education law will make much more sense when you have an understanding of the context in which it operates. Parents and
educators should be knowledgeable about the two levels of government, as well as the four sources of law. For more information on the
American legal system, click here.
Case law refers to "judge-made" law which interprets the Constitution (federal and state), statutes, and regulations. These judicial opinions
are of great significance, as they set important legal precedents. A very small percentage of cases actually result in published opinions. There
are several U.S. Supreme Court decisions that have had great impact upon special education law. The following Unite States Supreme Court
decisions are of great significance in the world of special education law. Click on the citations to access the full text of the opinion.
Forest Grove School District v. T.A., 557 U.S. ____ (2009)
IDEA authorizes reimbursement for private special education services when a public school fails to provide a free appropriate public
education (FAPE), and the private school placement is appropriate, regardless of whether the child previously received special education
services through the public school.
Board of Education of City School District of City of New York v. Tom F., 128 S.Ct. 1 (2007)
Split decision (4-4) in U.S. Supreme Court. Parents of a child who has never attended public school can obtain reimbursement for
unilateral placement in private school. Decision affects the Second Circuit (New York, Connecticut and Vermont).
Winkelman v. Parma City School District, 127 S.Ct. 1994 (2007)
Supreme Court rules that non-lawyer parents have legal rights under IDEA, and may represent their children's interest in special
education cases.
Arlington Central School District Board of Education v. Murphy, 126 S.Ct. 2455 (2006)
Supreme Court holds that parents prevailing in special education actions are not entitled to recover fees for expert witnesses.
Schaffer v. Weast, 126 S.Ct. 528 (2005)
Supreme Court rules that in a due process hearing challenging an IEP, the burden of proof rests with the party seeking relief.
Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7, (1993)
The United States Supreme Court held that if a public school district fails to provide an appropriate education, and the student receives
an appropriate education in a private school, the district must reimburse the parents, even if the private school does not conform to state
standards.
Honig v. Doe 484 U.S. 305 (1988)
Supreme Court held that during the pendency of IEP review proceedings, a student with a disability must remain in the ten-current
placement, unless parents and school officials agree otherwise.
Burlington School Committee of the Town of Burlington v. Department of Education of Massachusetts 471 U. S. 359 (1985)
Supreme Court states that when a parent uniliaterally places his/her child in a private school, the parent is entitled to tuition and expenses
reimbursement if a court determines that the school had suggested an inappropriate IEP. On the other hand, if the school's proposed
placement was deemed appropriate, the school would not have to reimburse the placement.
Irving Independent School District v. Amber Tatro 468 U.S. 883 (1984)
Supreme Court rules that schools are obligated to provide certain medical treatments (i.e. clean intermittent catheterization) as a
related service, pursuant to the Educational for All Handicapped Children Act.
Board of Education of the Hendrick Hudson School District v. Rowley, 458 U.S. 176 (1982)
Supreme Court defines "free appropriate public education."
Brown v. Board of Education, 347 U.S. 483 (1954)
Supreme Court forbids segregation in the public school systems.
exist on both the federal level and the state level. Each source of law is important in determining the content and nature of special education
law. Special education law will make much more sense when you have an understanding of the context in which it operates. Parents and
educators should be knowledgeable about the two levels of government, as well as the four sources of law. For more information on the
American legal system, click here.
Case law refers to "judge-made" law which interprets the Constitution (federal and state), statutes, and regulations. These judicial opinions
are of great significance, as they set important legal precedents. A very small percentage of cases actually result in published opinions. There
are several U.S. Supreme Court decisions that have had great impact upon special education law. The following Unite States Supreme Court
decisions are of great significance in the world of special education law. Click on the citations to access the full text of the opinion.
Forest Grove School District v. T.A., 557 U.S. ____ (2009)
IDEA authorizes reimbursement for private special education services when a public school fails to provide a free appropriate public
education (FAPE), and the private school placement is appropriate, regardless of whether the child previously received special education
services through the public school.
Board of Education of City School District of City of New York v. Tom F., 128 S.Ct. 1 (2007)
Split decision (4-4) in U.S. Supreme Court. Parents of a child who has never attended public school can obtain reimbursement for
unilateral placement in private school. Decision affects the Second Circuit (New York, Connecticut and Vermont).
Winkelman v. Parma City School District, 127 S.Ct. 1994 (2007)
Supreme Court rules that non-lawyer parents have legal rights under IDEA, and may represent their children's interest in special
education cases.
Arlington Central School District Board of Education v. Murphy, 126 S.Ct. 2455 (2006)
Supreme Court holds that parents prevailing in special education actions are not entitled to recover fees for expert witnesses.
Schaffer v. Weast, 126 S.Ct. 528 (2005)
Supreme Court rules that in a due process hearing challenging an IEP, the burden of proof rests with the party seeking relief.
Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7, (1993)
The United States Supreme Court held that if a public school district fails to provide an appropriate education, and the student receives
an appropriate education in a private school, the district must reimburse the parents, even if the private school does not conform to state
standards.
Honig v. Doe 484 U.S. 305 (1988)
Supreme Court held that during the pendency of IEP review proceedings, a student with a disability must remain in the ten-current
placement, unless parents and school officials agree otherwise.
Burlington School Committee of the Town of Burlington v. Department of Education of Massachusetts 471 U. S. 359 (1985)
Supreme Court states that when a parent uniliaterally places his/her child in a private school, the parent is entitled to tuition and expenses
reimbursement if a court determines that the school had suggested an inappropriate IEP. On the other hand, if the school's proposed
placement was deemed appropriate, the school would not have to reimburse the placement.
Irving Independent School District v. Amber Tatro 468 U.S. 883 (1984)
Supreme Court rules that schools are obligated to provide certain medical treatments (i.e. clean intermittent catheterization) as a
related service, pursuant to the Educational for All Handicapped Children Act.
Board of Education of the Hendrick Hudson School District v. Rowley, 458 U.S. 176 (1982)
Supreme Court defines "free appropriate public education."
Brown v. Board of Education, 347 U.S. 483 (1954)
Supreme Court forbids segregation in the public school systems.
Access IDEA through the Library of Congress.
Access the United States Constitution.
Review relevant case law.
Access federal special education regulations.
Learn about the American Legal System.
Access the United States Constitution.
Review relevant case law.
Access federal special education regulations.
Learn about the American Legal System.
Articles and Links on the American Legal System
Outline of the U.S. Legal System, U.S. Department of State
Outline of the U.S. Legal System, U.S. Department of State
| "In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be made available to all on equal terms." Brown v. Board of Education, 1954 United States Supreme Court holds that racial segregation in the public schools violates the equal protection clause of the14th Amendment of the United States Constitution. |