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Supreme Court Cases


SUPREME COURT CASES IN SPECIAL EDUCATION

In the 30 years since the special education law was enacted, the U. S. Supreme Court has only heard a few cases that directly involved special education cases. The most important ones:

Board of Ed. of Hendrick Hudson Central School Dist. v. Rowley 458 U.S. 176 (1982)
First decision in a special education case; defined "free appropriate public education."

Burlington Sch. Committee v. Mass. Bd. of Ed., 471 U. S. 359 (1985).
Clarified procedural safeguards, parent role in educational decision-making; tuition reimbursement for private placement; child's placement during dispute about FAPE.

Honig v. Doe, 484 U.S. 305 (1988).
Strong decision in school discipline case on behalf of emotionally disturbed children who had academic and social problems. Court clarified procedural issues designed to protect children from school officials, parent role, stay put, that schools shall not expel children for behaviors related to their handicaps.

Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7, (1993).
If the public school program does not provide an appropriate education and the parents place the child into a private program where the child does receive an appropriate education, the parents are entitled to reimbursement for the child's education. This decision opened the door to children with autism who receive ABA / Lovaas therapy. Links to all decisions, transcript of oral argument in Carter

Cedar Rapids v. Garret F. (1999)
Affirmed that schools must provide related services to children who need services to attend school.

Schaeffer v. Weast (2005)
Puts burden of proof on party bringing the action in a special education matter. Prior to this, the Seventh Circuit had placed that burden on the school and/or cooperative, without regard to who initiated the action.


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