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FTCE ESE k-12

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FTCE ESE k-12 English Ans- IDEA Ans- Individuals with Disabilities Act. Requires states to provide free, appropriate public education for all students with disabilities who participate in special education. The four main challenge areas: learning, social/emotional, motor skills, and communicat...

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  • April 4, 2023
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  • 2022/2023
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FTCE ESE k-12
English Ans-



IDEA Ans- Individuals with Disabilities Act. Requires states to provide free, appropriate public education
for all students with disabilities who participate in special education. The four main challenge areas:
learning, social/emotional, motor skills, and communication. The basic source of law for special
education. Represents the latest phase in the philosophy of educating children with disabilities



*Brown v. Board of Education, 1954 Ans- Topeka, Kansas. Addressed the inequality of "separate but
equal" facilities on the basis of race. School segregation became illegal.



*Diana v. The State Board of Education, 1970 Ans- This case resulted in the decision that all children
must be tested in their native language



Wyatt v. Stickney, 1971 Ans- Established the right to adequate treatment (education) for
institutionalized persons with mental retardation



*Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania, 1972 Ans-
The first right to education lawsuit. Laid the foundation for the right to education for all children with
disabilities previously denied if they had not attained a mental age of 5 by the start of first grade. Special
Education was guaranteed to children with mental retardation. The victory in this case sparked other
court cases for children with other disabilities.



*Mills v. Board of Education of the District of Columbia, 1972 Ans- The right to special education was
extended to all children with disabilities, not just mentally retarded children. Judgements in PARC and
Mills paved the way for P.L. 94-142. Students with disabilities must be given education regardless of the
schools' financial limitations.



Public Law 93-112 (Rehabilitation Amendments of 1973) Ans- The first comprehensive federal statute to
address specifically the rights of disabled youth. It prohibited illegal discrimination in education,
employment, or housing on the basis of a disability.



Section 504, Rehabilitation Act of 1973 Ans- Section 504 expands on older law by extending its
protection to other areas that receive federal assistance, such as education. Protected individuals must

,(a) have a physical or mental impairment that substantially limits one or more major life activities, such
as self-care, walking, seeing, breathing, working, or learning; (b) have a record of such an impairment; or
(c) be regarded as having such an impairment. A disability in itself is not sufficient grounds for a
complaint of discrimination. The person must be otherwise qualified, or able to meet, the requirements
of the program in question.



Public Law 93-380 (Education Amendments of 1974) Ans- P.L.94-142 is the funding portion of this act. It
required states to provide full educational opportunities for children with disabilities. It addressed
identification, fair evaluation, alternative placements, due process procedures, and free, appropriate
public education.



Public Law 94-142 Education for all Handicapped Children Act), 1975 Ans- Provided for a free,
appropriate public education for all children with disabilities, defined special education and related
services, and imposed rigid guidelines on the provisions of those services. It paralleled the provision for
a free and appropriate public education in section 504 of Public Law 94-142 and extended these services
to preschool children with disabilities (ages 3-5) through provisions to preschool incentive grants.



Seven fundamental provisions of IDEA Ans- 1. Free Appropriate Public Education (FAPE)

2. Notification and procedural rights for parents.

3. Identification and services to all children

4. Necessary related services.

5. Individualized assessments

6. Individualized Education Plans (IEP's)

7. Least Restrictive Environment (LRE)



Goss v. Lopez, 1975 Ans- This case ruled that the state could not deny a student education without
following due process. While this decision is not based on a special education issue, the process of
school suspension and expulsion is obviously critical in assuring an appropriate public education to
children with disabilities.



Public Law 95-56 (Gifted and Talented Children's Act), 1978 Ans- This case defined the gifted and
talented population, and focused upon this exceptionally category, which was not included in Public Law
94-142

, *Larry P. V. Riles, 1979 Ans- This case ordered the reevaluation of black students enrolled in classes for
educable mental retardation (EMR) and enjoined the California State Department of Education from the
use of intelligible tests in subsequent EMR placement decisions.



Parents in Action on Special Education (PASE) v. Hannon, 1980 Ans- Ruled that IQ tests are necessarily
biased against ethnic and racial subcultures.



Board of Education v. Rowley, 1982 Ans- Amy Rowley was a deaf elementary school student whose
parents rejected their school district's proposal to provide a tutor and speech therapist services to
supplement their daughter's instruction in the regular classroom. Her parents insisted on an interpreter
even though Amy was making satisfactory social, academic, and educational progress without one. In
deciding in favor of the school district, the Supreme Court ruled that school districts must provide those
services that permit a student with disabilities to benefit from instruction. Essentially, the court ruled
that the states are obligated to provide a "basic floor of opportunity" that is reasonable to allow the
child to benefit from social education.



Public Law 98-199 (Education of the Handicapped Act [EHA] Amendments), 1983 Ans- P.L. 94-142 was
amended to provide added emphasis on parental education and preschool, secondary, and post-
secondary programs for children and youth with disabilities.



Irving Independent School District v. Tatro, 1984 Ans- EHA and IDEA list health services as one of the
"related services" that schools are mandated to provide to exceptional students. Amber Tatro, who had
Spina Bifida, required the insertion of a catheter on a regular schedule in order to empty her bladder.
The issue was specifically over the classification of clean, intermittent catheterization (CIC) as a medical
service (not covered under IDEA) or a "related health service" which would be covered. In this instance,
the catheterization was not declared a medical service, but a "related service" necessary for the student
to have in order to benefit from special education. The school district was obliged to provide the service.
The Tatro case has implications for students with other medical impairments who may need services to
allow them to attend classes at the school.



Smith v. Robinson, 1984 Ans- Concerned reimbursement of attorney's fees for parents who win
litigation under IDEA. At the time of this case, IDEA did not provide for such reimbursement. Following
this ruling, Congress passed a law awarding attorneys' fees to parents who win their litigation.



Public Law 99-372 (Handicapped Children's Protection Act of 1985) Ans- This law allowed parents who
are unsuccessful in due process hearing or reviews to seek recovery of attorneys' fees.

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