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Landmark Cases

Published on Aug 30, 2016

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PRESENTATION OUTLINE

Landmark Cases

Dena Knight

IDEA

  • Nov. 29, 1975 it was signed into law
  • ensures that all children with disabilites are entitiled to a free appropriate publuc education
When did it occur?

First known as Education for All Handicapped Children Act (Public Law 94-142)


What population(s) is addressed in this case or legislation?

The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education to meet their unique needs and prepare them for further education, employment, and independent living.




IDEA

  • School Requirements
  • Create IEP with parents and students.
  • Provide free and appropriate education
  • Children with disabilites are placed in the least restrictive environment or "typical classroom"
What are the requirements for schools?


Children with disabilites are placed in the least restrictive environment or "typical classroom"

Input of the child and their parents must be taken into account

IDEA

  • Important to teachers to know because it is a Federal law
  • School district must comply to receive funding
  • Provide equal education to all students
  • Know the rights of students, teachers and parents
  • Federal law
Why is this important information for teachers?

Title IX and Sex Discrimination

  • Title IX of the Education Amendments ocured in 1972
  • protects people from discrimination based on sex
When did it occur? 1972

What population(s) is addressed in this case or legislation?
Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX

  • applies to institution that receives federal financial assistance from the United States Department of Education
  • required to operate in nondiscriinary manner
What was the result of the case or the purpose of the legislation? What are the requirements for schools?

Title IX applies to institutions that receive federal financial assistance from ED, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.

Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.
The Office for Civil Rights (OCR) in ED is responsible for enforcing Title IX. OCR's responsibility to ensure that institutions which receive ED funds comply with Title IX is carried out through compliance enforcement. The principal enforcement activity is the investigation and resolution of complaints filed by people alleging sex discrimination. Also, through agency-initiated reviews of selected recipients, OCR is able to identify and remedy sex discrimination which may not be addressed through complaint investigations.

Given the large number of institutions under its jurisdiction, OCR is unable to investigate and review the policies and practices of all institutions receiving ED financial assistance. Therefore, OCR provides information and guidance to schools, universities and other agencies to assist them in voluntarily complying with the law. OCR also informs students and their parents, and those who apply for admission to academic programs, of their rights under Title IX.

Title IX

  • Why is it important for teachers?
  • support good morals and the law
  • funding requirements
  • to know the rights of teachers, students and parents
Why is this important information for teachers?


Title IX covers state and local agencies that receive ED funds. These agencies include approximately 16,000 local school districts, 3,200 colleges and universities, and 5,000 for-profit schools as well as libraries and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.
Programs and activities which receive ED funds must operate in a nondiscriminatory manner. These programs and activities may include, but are not limited to: admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing and employment. Also, a recipient may not retaliate against any person because he or she opposed an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide a detailed discussion of discrimination prohibited by Title IX.


Jacob Javits Gifted and Talented Act

  • passed by Congress in 1988
  • only federal program dedicated specifically to gifted and talented students
When did it occur?

What population(s) is addressed in this case or legislation?

The Jacob Javits Gifted and Talented Students Education Act (Javits) was originally passed by Congress in 1988 as part of the Elementary and Secondary Education Act to support the development of talent in U.S. schools. The Javits Act, which is the only federal program dedicated specifically to gifted and talented students, does not fund local gifted education programs. The purpose of the Act is to orchestrate a coordinated program of scientifically based research, demonstration projects, innovative strategies, and similar activities that build and enhance the ability of elementary and secondary schools to meet the special educational needs of gifted and talented students.

Gifted and Talented Act

  • The purpose of the Act is to orchestrate a coordinated program of scientifically based research, demonstration projects, innovative strategies, and similar activities that build and enhance the ability of elementary and secondary schools to meet the special educational needs of gifted and talented students.
What was the result of the case or the purpose of the legislation? What are the requirements for schools?


The purpose of the Act is to orchestrate a coordinated program of scientifically based research, demonstration projects, innovative strategies, and similar activities that build and enhance the ability of elementary and secondary schools to meet the special educational needs of gifted and talented students.

The Javits Act focuses resources on identifying and serving students who are traditionally underrepresented in gifted and talented programs, particularly economically disadvantaged, limited-English proficient, and disabled students, to help reduce gaps in achievement and to encourage the establishment of equal educational opportunities for all students.

Gifted and Talented

  • more unified practice and policies
  • be aware of grants
  • can help delvelop guidelines
Why is this important information for teachers?

(1) the National Research Center on the Gifted and Talented, which provides a forum for researchers, practitioners, policymakers, and others to work together to design and conduct research and ensure that it informs educational policy and practice;
(2) competitive demonstration grants to institutions of higher education and state and local education agencies to develop and expand models serving students who are underrepresented in gifted and talented programs; and
(3) since 2001, there are competitive grants to state agencies and school districts to implement programs that would enhance gifted education offerings statewide. However, overall funding for the program must exceed $7.5 million before state grants are awarded.

The Javits program, like other authorized programs, must be funded each year by the Congress. Advocates scored a huge victory when the Javits Act received $5 million for fiscal year 2014. Thanks in large part to Senate Appropriations Committee chair Barbara Mikulksi (MD), this is the first time since FY2011 that the Javits program has received any funding.

The next step in the process will be for the U.S. Department of Education to develop guidelines for the grants made with these new funds. Click here for the annual funding history of the Javits Act.

Title I

  • Title I of the Elementary and Secondary Education Act occured in 1965
When did it occur? 1965

Title I

  • this legislation's purpose it so ensure all children have an equal opportuntiy to obtain a high quality education
What population(s) is addressed in this case or legislation?
ALL children

What was the result of the case or the purpose of the legislation? What are the requirements for schools?

The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments.

Title I

  • important for teachers so that there is more unified education in the US
Why is this important information for teachers?

This purpose can be accomplished by —
(1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement;
(2) meeting the educational needs of low-achieving children in our Nation's highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and young children in need of reading assistance;
(3) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers;
(4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education;
(5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest;
(6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged;
(7) providing greater decision-making authority and flexibility to schools and teachers in exchange for greater responsibility for student performance;
(8) providing children an enriched and accelerated educational program, including the use of school wide programs or additional services that increase the amount and quality of instructional time;
(9) promoting school wide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content;
(10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development;
(11) coordinating services under all parts of this title with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and
(12) affording parents substantial and meaningful opportunities to participate in the education of their children.

Rehabilitation Act

  • Occured in 1973 & 1974
  • designed to protect the rights of individuals with disabilities
When did it occur? 1973

Section 504 of the Rehabilitation Act of 1973 & 1974

What population(s) is addressed in this case or legislation?

An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . ."

Rehabilitation Act

  • regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability

What was the result of the case or the purpose of the legislation? What are the requirements for schools?


The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

Rehabilitation Act

  • It is important for teachers to know what is required by law to that they can be compliant and continue to receive funding

Why is this important information for teachers?

Lau vs. Nichols

  • "Lau Remedies" decision was delivered on January 21, 1974
  • addressed non-English-speaking students
When did it occur? (If you can locate a year) 1974

What population(s) is addressed in this case or legislation?


Lower federal courts had absolved the San Francisco school district of any responsibility for minority children's "language deficiency." But a unanimous Supreme Court disagreed. Its ruling opened a new era in federal civil rights enforcement under the so-called "Lau Remedies." The decision was delivered by Justice William O. Douglas on January 21, 1974.

Lau vs. Nichols

  • gives school districts permission to determine when instruction should be given as bilingual
  • requires mastery of English by all pupils
  • requires to be English proficient before graduation
What was the result of the case or the purpose of the legislation? What are the requirements for schools?
Why is this important information for teachers?

When children arrive in school with little or no English-speaking ability, "sink or swim" instruction is a violation of their civil rights, according to the U.S. Supreme Court in this 1974 decision. Lau remains the major precedent regarding the educational rights of language minorities, although it is grounded in statute (Title VI of the Civil Rights Act of 1964), rather than in the U.S. Constitution. At issue was whether school administrators may meet their obligation to provide equal educational opportunities merely by treating all students the same, or whether they must offer special help for students unable to understand English. Lower federal courts had absolved the San Francisco school district of any responsibility for minority children's "language deficiency." But a unanimous Supreme Court disagreed. Its ruling opened a new era in federal civil rights enforcement under the so-called "Lau Remedies." The decision was delivered by Justice William O. Douglas on January 21, 1974.
This class suit brought by non-English-speaking Chinese students against officials responsible for the operation of the San Francisco Unified School District seeks relief against the unequal educational opportunities which are alleged to violate, inter alia, the Fourteenth Amendment. No specific remedy is urged upon us. Teaching English to the students of Chinese ancestry who do not speak the language is one choice. Giving instructions to this group in Chinese is another. There may be others. Petitioner asks only that the Board of Education be directed to apply its expertise to the problem and rectify the situation. ...
The Court of Appeals reasoned that "every student brings to the starting line of his educational career different advantages and disadvantages caused in part by social, economic and cultural background, created and continued completely apart from any contribution by the school system"; 83 F.2d 497. Yet in our view the case may not be so easily decided. This is a public school system of California and § 71 of the California Education Code states that "English shall be the basic language of instruction in all schools." That section permits a school district to determine "when and under what circumstances instruction may be given bilingually." That section also states as "the policy of the state" to insure "the mastery of English by all pupils in the schools." And bilingual instruction is authorized "to the extent that it does not interfere with the systematic, sequential, and regular instruction of all pupils in the English language."
Moreover, § 8573 of the Education Code provides that no pupil shall receive a diploma of graduation from grade 12 who has not met the standards of proficiency in "English," as well as other prescribed subjects. Moreover, by § 12101 of the Education Code (Supp. 1973) children between the ages of six and 16 years are (with exceptions not material here) "subject to compulsory full-time education."
Under these state-imposed standards there is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education. Basic English skills are at the very core of what these public schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must already have acquired those basic skills is to make a mockery of public education. We know that those who do not understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful.

Lau vs. Nichols

  • Schools didn't comply with Civil Rights Act of 1964
  • Lau vs San Francisco Unified School District case violated civil rights
  • Important for teachers to know history and requirements
What was the result of the case or the purpose of the legislation? What are the requirements for schools?
Why is this important information for teachers?

Lau v. San Francisco Unified School District
National Origin
In this case, formerly known as Lau v. Nichols, the United States Supreme Court held that the San Francisco Unified School District (SFUSD) had violated Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and its implementing regulations by failing to provide special programs designed to rectify the English language deficiencies of students who do not speak or understand English, or are of limited English-speaking ability, and by failing to provide these students with equal access to the instructional program. Lau v. Nichols, 414 U.S. 563 (1974). The Supreme Court remanded the case for the fashioning of appropriate relief. On October 22, 1976, the parties entered into a Consent Decree that incorporated a Master Plan that requires bilingual-bicultural education for the English Language Learner (ELL) students who speak Chinese, Filipino, and Spanish. Chinese and Spanish bilingual programs continue subsequent to the passage of California's Proposition 227. The Consent Decree also requires the provision of other special programs and English as a Second Language (ESL) for ELL students of other language groups, as well as the provision of bilingual instruction, whenever feasible. The Consent Decree calls for annual reporting to the Court by the SFUSD regarding its ELL programs and the establishment of a Bilingual Community Council (BCC) to assist the SFUSD in filing these annual reports.
On August 24, 2006, the Court issued an order requiring the parties to show cause why the Court should not relieve the SFUSD of responsibility for reporting under the extant Consent Decree. The United States filed a response to the show cause order that identified problems with the ELL programs and recommended continued reporting by the SFUSD, additional on-site visits of the ELL programs, and the development of an updated Master Plan for ELL programs. The SFUSD and the private plaintiffs filed responses agreeing to this approach for going forward. The Court continued the reporting obligations and assigned the case to an active judge. On May 1, 2007, the new judge held a status conference in which he agreed to let the parties continue their school visits and work collaboratively on developing an updated Master Plan. The United States' consultant and members of the BCC completed visits to twenty-four schools on May 18, 2007. The parties agreed to a new Master Plan that would replace the outdated plan and filed a stipulated application to modify the 1976 Consent Decree. On September 11, 2008, the Court approved the new Master Plan and entered an order modifying the 1976 Consent Decree.