1971 Pennsylvania Assoc. for Retarded Children PARC vs. Commonwealth of PA PDF

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Summary

Quick notes into graphic organizer to streamline studying and allow for case law comparisons and relations to major laws....

Description

Mapping Cases to IDEA Principles

Formal Name of Case

Nickname: Memory Jogger:

Pennsylvania Association for Retarded Children (PARC) vs Commonwealth of Pennsylvania *Now ARC TAILORED EDUCATION Right to Education Zero Reject FAPE LRE

Year Decided

1971

Historical Significance of Date

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Decided same time as Mills case 504 passed in 1973 Affirmed the rights established by Brown vs. Topeka applied to children with disabilities as well.

Facts of the case

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Advocacy group, ARC, sued the state over a law that enabled officials to deny disabled children access to schools. Law granted public schools the authority to deny services to children of age 8, who had not reached the mental age of 5. Used to justify removal of students who struggled to integrate into classrooms.

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By consent decree, ruled in favor of PARC. Child could not be denied access to public school. Education did not mean only traditional academic instruction. States could not determine educability Laws like this were unconstitutional. Child could not be suspended more than 2 days without a hearing.

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Ruling

IDEA Principles*  Codified that schools must provide a free public education, tailored to the child. Where to find The Principles of IDEA in the Course of Study

-Zero Reject: Regardless of disability.

 Paved the way for progress on Least Restrictive Environment LRE, and due

process.  The PARC, Mills, Diana, and Larry P. cases together put a spotlight on shortcomings and abuses of special education and formed the framework for the legislation that today guides the field....