MNULandmark Special Education

Court Cases

Dr. Judy MartinSession 2 – January 14, 2014

U.S. Supreme Court Cases

Supreme Court Cases Driving Special Education

• BOARD OF EDUCATION OF the HENDRICK HUDSON CENTRAL SCHOOL DISTRICT, WESTCHESTER COUNTY, et al., Petitioners v. Amy ROWLEY, by her parents and natural guardians, Clifford and Nancy Rowley etc.

• SCHOOL COMMITTEE OF the TOWN OF BURLINGTON, MASSACHUSETTS, et al., Petitioners v. DEPARTMENT OF EDUCATION OF the Commonwealth of MASSACHUSETTS et al.

• FLORENCE COUNTY SCHOOL DISTRICT FOUR et al. v. CARTER, A MINOR, BY AND THROUGH HER FATHER AND NEXT FRIEND, CARTER

• IRVING INDEPENDENT SCHOOL DISTRICT v. TATRO ET UX., INDIVIDUALLY AND AS NEXT FRIENDS OF TATRO, A MINOR

• CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT v. GARRET F., a minor, by his mother and next friend, CHARLENE F.

Court Case: RowleyThe foundation for any special education question. It sets the standard for determining whether an IEP meets legal requirements

1. BOARD OF EDUCATION OF the HENDRICK HUDSON CENTRAL SCHOOL DISTRICT, WESTCHESTER COUNTY, et al., Petitioners

v.Amy ROWLEY, by her parents and natural guardians, Clifford and Nancy Rowley etc.

No. 80-1002.

Argued March 23, 1982.Decided June 28, 1982.

Review Rowley:

Court Case: Burlington

Authorizes parents to seek private school expenses if IEP does not comply with IDEA

SCHOOL COMMITTEE OF the TOWN OF BURLINGTON, MASSACHUSETTS, et al., Petitioners

v. DEPARTMENT OF EDUCATION OF the Commonwealth of MASSACHUSETTS et al.No. 84-433.

Argued March 26, 1985.Decided April 29, 1985.

Review Burlington:

Court Case: CarterExpands on Burlington to authorize parents to seek private school expenses even if

the private school does not itself meet IDEA requirements for LRE

FLORENCE COUNTY SCHOOL DISTRICT FOUR et al.v.CARTER, A MINOR, BY AND THROUGH HER FATHER AND NEXT FRIEND, CARTER

No. 91-1523.Supreme Court of United States.

Argued October 6, 1993.

Decided November 9, 1993.

Review Carter:

Court Case: Tatro

Defines the scope of “related services”

IRVING INDEPENDENT SCHOOL DISTRICTv.

TATRO ET UX., INDIVIDUALLY AND AS NEXT FRIENDS OF TATRO, A MINOR

No. 83-558.Supreme Court of United States.Argued April 16, 1984Decided July 5, 1984

Review Tatro:

Court Case: Cedar Rapids(Tatro)

Continues with the Tatro case of “Related Services”

CEDAR RAPIDS COMMUNITY SCHOOL DISTRICTv.

GARRET F., a minor, by his mother and next friend, CHARLENE F.No. 96-1793.United States Supreme Court.

Argued November 4, 1998.Decided March 3, 1999.

Review Cedar Rapids:

MNUFour Ethical Systems

Dr. Judy MartinSession 2 – January 14, 2014

Ethics & Systems

• Bumper Stickers:– Be careful to not stake the importance of an ethical

decisions in a small area– Ideas expressed in a “bite-sized” portion can have

broader implications.– Bumper stickers do not give specific solutions, only

provide the initial process for making decisions– The PROCESS of how we work through moral issues

is called an ETHICAL SYSTEM.

Ethics & Systems

• Ethical Options:– Ideas we are faced with are religious, political,

economic & social– We have to make choices in these areas– The existence of conflicting views– No ethical approach is perfect – the law of ethics

Ethics & Systems

• Ethics as a Discipline– The idea that ethics can be studied can be

confusing. We make decisions about things every day.

– Examining ethical problems in our world (abortion, euthanasia, homosexuality, capitol punishment)

– Examining ethical systems

Ethics & Systems

• Ethics with Theory & Life

– Bumper sticker: “Whatever you do, don’t get caught” or “Thou shalt not steal” or “Do unto others as you would have them do unto you”

– We all have different motives for these statements– We cannot opt our of making ethical decision

Ethics & Systems• Ethics and worldviews

– Every ethical system is part of something bigger, a worldview.– Worldviews= our beliefs and assumptions about how the world

fits together

Ultimate Reality – in every ethical system there is a connection between a concept of ultimate reality and the origin of wright and wrong

Human Nature – Why do we do what we do? Is it our freedom to make decisions? Ethics deals with Human Beings.

4 Ethical Systems

• Cultural Relativism• Ethical Egoism• Behaviorism• Utilitarianism

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Theory Theory

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