Special Education Chapter 4 Chapter 4 Brown Board Education Mills Board Education The District Columbia Larry Riles Hobson

CHAPTER 4

INDIVIDUAL RIGHTS AND LEGAL ISSUES

Chapter Outline

I. The Context for Securing Individuals

A. Legal Bases for Establishing Rights

1. Federal Constitutional Arguments

2. Federal Statutes and Regulations

B. Sources of Law

II. Legal Precedents for Individual Educational Rights

A. Access to Education

1. Pennsylvania Association for Retarded Children [PARC] v.

B. Appropriate Evaluation and Classification

1. Hobson v. Hansen

2. Larry P. v. Riles

C. Free Appropriate Public Education (FAPE)

1. Board of Education of the Hendrick Hudson Central School

District v. Rowley

2. FAPE and Private School Settings

D. Least Restrictive Environment/Appropriate Placement

1. Daniel R. R. v. State Board of Education

E. Related Services

F. Extended School Year

G. Disciplinary Action

III. Legislative Mandates Establishing Individual Educational Rights

A. Individuals with Disabilities Education Act

B. Section 504 of the Vocational Rehabilitation Act

C. Americans with Disabilities Act

D. No Child Left Behind Act

IV. Legal Precedents for Individual Institutional Rights

A. Fundamental Issues

B. Key Litigation

1. Wyatt v. Stickney

V. Legal Precedents for Individual Community Rights

A. Cleburne Living Center, Inc. v. City of Cleburne, Texas

B. Olmstead v. L. C.

VI. Legal Issues That Span a Lifetime

A. Withholding Treatment

B. Sexual Abuse

C. Domestic Violence

VII. Persisting Problems

VIII. Final Thought

IX. Summary

Key Terms

due process

equal protection

habilitation

Chapter Objectives

Upon completion of this chapter the student will be able to:

1. understand fundamental concepts and legal bases for establishing the rights of persons

who are mentally retarded.

2. discuss the legal history for establishing educational, institutional, and community rights.

3. understand the problems that occur when individuals with mental retardation are the

victims of crime and are accused of crimes.

Suggested Activities

1. Invite a lawyer or advocate for individuals with disabilities to speak to the class regarding

the legal rights of people with intellectual disabilities.

2. Have the class write a paper on their positions regarding the death penalty and individuals

with intellectual disabilities. Then lead the class into discussion regarding their stance on

the issue.

Evaluation Questions

Multiple Choice

1. The courts, state legislatures, and Congress historically have

A. been the front runners in securing the rights of individuals with disabilities.

B. reflected the views of society regarding the rights of individuals with

disabilities.

C. been reluctant to rule on any matters regarding the rights of individuals with

disabilities.

D. ruled consistently in favor of parents thereby establishing the rights of individuals

with disabilities.

2. What event set the stage for increased educational opportunities and served as a major

legal turning point in the lives of people with disabilities?

A. San Antonio Independent School District v. Rodriguez

B. Timothy W. v. Rochester School District

C. Brown v. Board of Education

D. Hobson v. Hansen

3. In what case did the Supreme Court rule that the racial segregation concept of

separate but equal was unconstitutional?

A. San Antonio Independent School District v. Rodriguez

B. Timothy W. v. Rochester Schoold District

C. Brown v. Board of Education

D. Hobson v. Hansen

4. The due process clause and the equal protection clause are both part of the

A. 14th amendment

B. 7h amendment

C. 5th amendment

D. 3rd amendment

5. Jamila is an individual with an intellectual disability who is frequently discriminated against

due to her disability. Jamila would most likely be considered a member of a

A. quasi-suspect class

B. quasi-discriminatory class

C. quasi-prejudicial class

D. quasi-separate class

6. The federal court system is comprised of approximately 100 U. S. District Courts, which are

trial courts and represent the

A. highest level of authority

B. lowest level of authority

C. highest level at times and lowest level at times

D. second level of authority

7. There are how many U. S. Circuit Courts of Appeal?

A. 7

B. 10

C. 13

D. 16

8. Today ______ is perhaps the most important function of state and local governments.

A. employment

B. vocation

C. disability

D. education

9. Which case established a precedent guaranteeing access to publicly supported education for

all students who have mental retardation?

A. Timothy W. v. Rochester School District

B. Hobson v. Hansen

C. Wyatt v. Stickney

D. PARC

10. What was the ruling of Mills v. Board of Education of the District of Columbia?

A. schools could no longer permit IQ tests for African-Americans

B. right to free and appropriate public education for all children

C. school districts had to provide an extended school year

D. none of the above

11. In the case of Timothy W. v. Rochester School District, what was the focus?

A. right to a free and appropriate public education

B. lending rights to individuals in institutions

C. whether a child with profound mental retardation and other disabilities has

educational needs

D. administering IQ tests to minorities

12. The case in which the courts ruled that the practice of denying low socioeconomic status

school-age children educational services equal to those of the more affluent was

unconstitutional was

A. Brown v. Board of Education.

B. Mills v. Board of Education of the District of Columbia.

C. Larry P. v. Riles.

D. Hobson v. Hansen.

13. In the case of Larry P. v. Riles, the three largest school districts in ______ decided to

ban the use of intelligence tests with all students regardless of race, for special

education purposes.

A. Alabama

B. California

C. Iowa

D. Texas

14. Javier is Mexican-American and speaks Spanish as his first language. Because

Javier does not speak English fluently, the special education committee at his school

states that he cannot be issued an intelligence test in English for placement in special

classes. Which case is most likely credited for this situation?

A. Diana v. State Board of Education

B. San Antonio Independent School District v. Rodriguez

C. Hobson v. Hansen

D. Timothy W. v. Rochester School District

15. The case in which the courts ruled that IQ tests could not be used as the primary

determinant in placing African-American students in classes for the educable mentally

retarded was

A. Brown v. Board of Education.

B. Mills v. Board of Education of the District of Columbia.

C. Larry P. v. Riles.

D. Hobson v. Hansen.

16. The outcome of W. B. v. Matula resulted in clear changes in the

A. exclusion of students who display severe disruptive behaviors.

B. methods and procedures used for identifying and placing students in

special classes.

C. preclusion of plaintiffs seeking monetary damages.

D. rights of people with disabilities who are placed in institutional settings.

17. The interpretation of the Supreme Court on the intention of P.L 94-142 regarding the

level of education to be provided to students has been that

A. programs are required to develop students to their maximum potential.

B. programs are not required to develop students to their maximum potential.

C. students may not receive special education services once they have

continuously failed to accomplish the goals set forth in the IEP.

C. students may receive special education services even if they continuously fail to

accomplish the goals set forth in the IEP.

18. The Supreme Court ruled that the term related services only

A. exclude services which must be conducted by a medical doctor.

B. exclude services conducted by outside agencies.

C. include services that directly impact the academic functioning of the child.

D. include services related to school performance.

19. The first important case regarding the extended school year was

A. Armstrong v. Kline

B. Irving Independent School District v. Tatro

C. Cedar Rapids Community School District v. Garret F.

D. Sacramento City Board of Education v. Rachel H.

20. Daniel is an individual with an intellectual disability who is very capable of entering

the community college in his small town. However, the Dean of Academic Affairs

has reservations about admitting him into the school because of his disability.

Which law is most apt to protect Daniel from this act of discrimination?

A. the No Child Left Behind Act

B. the Americans with Disabilities Act

C. the Individuals with Disabilities Education Act

D. the Vocational Rehabilitation Act

21. Which law ensures that all students are able to meet high standards in education?

A. the Vocational Rehabilitation Act

B. the Americans with Disabilities Act

C. the No Child Left Behind Act

D. the Individuals with Disabilities Education Act

22. “Behavior change in the direction of those skills that cumulatively allow community

living is known as

A. behavior modification

B. behavior management

C. habilitation

D. treatment

23. Which case had a direct impact on the adequacy of services in residential facilities

for individuals with intellectual disabilities?

A. Armstrong v. Kline

B. Wyatt v. Stickney

C. O’Connor v. Donaldson

D. Larry P. v. Riles

24. The Wyatt case which began in 1972 finally came to an end in December of

A. 2003

B. 1990

C. 1982

D. 1978

25. Which case was referred to as “the Willowbrook case”, since the institution under

scrutiny was the Willowbrook State School?

A. New York Association for Retarded Children v. Rockefeller

B. Wyatt v. Stickney

C. O’Connor v. Donaldson

D. Halderman v. Pennhurst

26. In the case of Wyatt vs. Stickney, the constitutional rights of the residents were

being violated under the

A. 14th amendment

B. 7th amendment

C. 5th amendment

D. 3rd amendment

27. In Youngberg v. Romeo (1982), the U.S. Supreme Court ruled that individuals with

severe retardation who were involuntarily confined to any state facility had a

constitutional right to habilitative services to ensure their safety and freedom from

undue restraint. This right is based on

A. substantive due process

B. equal protection

C. due process

D. procedural due process

28. According to Henderson and Vitello (1988), barriers that interfere with the

community living movement for individuals with intellectual disabilities are

A. local zoning ordinances, state legislation requiring notification, and

restrictive covenants.

B. a lack of appropriate recreational facilities and few employment

opportunities.

C. inappropriate housing and insufficient support from state legislation.

D. Housing contracts, and lack of available housing.

29. Which case helped make it possible for group homes to have establishment in

desirable areas?

A. Cleburne Living Center, Inc. v. City of Cleburne Texas

B. Mills v. Board of Education of the District of Columbia

C. Hobson v Hansen

D. Diana v. State Board of Education

30. Sobsey (1997) reports that physical and sexual abuse rates are _____ times higher

for adults with disabilities than those adults without disabilities.

A. 10 to 15 times higher

B. 6 to 10 times lower

C. 4 to 10 times higher

D. 2 to 4 times lower

True or False

Directions: If the statement is true, simply mark True. If the statement is false, mark

False and rewrite the statement so that it is true.

1. In Hendrick Hudson Central School District v. Rowley, the U. S. Supreme Court decided

that a beneficial, not necessarily optimal, educational program should be provided to

students with disabilities.

a. True

b. False

________________________________________________________________________

2. The foremost issues in Armstrong v. Kline were regression and recoupment.

a. True

b. False

________________________________________________________________________

3. Individuals with intellectual disabilities who need transplants are frequently denied.

a. True

b. False

________________________________________________________________________

4. When those who commit crimes against individuals who are disabled are prosecuted,

they receive harsher sentences in comparison to sentences for crimes committed against

those without disabilities.

a. True

b. False

________________________________________________________________________

5. In June of 2002, the Supreme Court ruled in Atkins v. Virginia that it was cruel and

unusual punishment to subject individuals with intellectual disabilities to the death

penalty.

a. True

b. False

________________________________________________________________________

6. Over 100 individuals with intellectual disabilities were executed in the United States

from 1976 to 1996.

a. True

b. False

________________________________________________________________________

7. The U. S. Supreme Court has decided that education is a fundamental right.

a. True

b. False

________________________________________________________________________

8. The Association of Retarded Citizens (ARC) provides assistance to individuals accused

of crimes and develops sentencing alternatives for convicted offenders with disabilities.

a. True

b. False

________________________________________________________________________

9. A student is guaranteed rights under IDEA even if he/she cannot benefit from special

education.

a. True

b. False

________________________________________________________________________

10. Children with disabilities are abused at higher rates than children without disabilities.

a. True

b. False

________________________________________________________________________

Discussion

1. Discuss the requirements that must be made for a student to receive extended school year

services.

2. Jennifer is a five-year-old, African American child with an intellectual disability and

multiple physical disabilities. Her parents would like for her to attend school even

though her disabilities are extensive. Identify and discuss the Acts and cases that have

made it possible for Jennifer to attend school.

3. Discuss the legal bases for establishing the rights of persons with intellectual disabilities.

4. Discuss the legal history for establishing educational, institutional, and community rights.

5. Discuss the problems that occur when individuals with intellectual disabilities are

involved in criminal acts.

6. Discuss the three types of analyses applied to the equal protection clause provided by the

14th Amendment.

7. Discuss sexual abuse and domestic violence and how it pertains to individuals with

intellectual disabilities

8. Identify the future trends and issues pertinent to the lives of individuals with intellectual

disabilities.

Answer Sheet

Multiple Choice True or False