Landmark Court Cases (SCHP 636) (copy)

Irving Independent School District V Tatro (1984)

If a student qualifies for special education services, the school must provide any “related services” to the student (e.g., medical services)

Oberti v Clementon (1993)

Schools must consider any available aids and services before excluding a child from the general education classroom

Newport-Mesa Unified School District v State of California Dept of Education (2010)

Ruling that it is okay to give a copyrighted test protocol of a child’s responses to the parent of a special education student

Parents Against Abuse in Schools v. Williamsport Area School Dist. 1991

Legislation requiring a psychologist to release interview notes to the school district and the parents, if the results of the interview were intended to be shared

McDuff v. Tamborlane (1999)

The communication of a client’s past criminal activity is privileged

Hobson v. Hansen (1967, 1969)

Using test scores only to “track” students and place them in special education is unconstitutional

Lau v. Nichols (1974)

Schools must take steps to ensure that students with limited English proficiency have access to a meaningful education

Diana v. State Bd. Of Education 1970

Legislation requiring children to be assessed in their native language or in a manner that does not require the knowledge of English

Guadalupe Org. v. Tempe Elem. School Dist. 1972

Required testing in the child’s primary language and a “multifaceted” evaluation including adaptive behavior and a parent interview

Ingraham v. Wright 1977

Legislation upholding the use of corporal punishment in Florida public schools

Baker v. Owen (1975)

Schools were free to use reasonable corporal punishment, despite parental objections

Dickens by Dickens v. Johnson County Board of Education (1987)

Behavioral modification techniques, used appropriately, are favored over expulsion

Goss v. Lopez 1975

Legislation stating that schools may not suspend or expel students without informal due process procedures to protect students from wrongful infringement of their interest in schooling

Eisel v. Board of Education of Montgomery County (1991)

Schools have a duty to protect a student from harm and counselors should use reasonable means to prevent a suicide

School Board of Nassau County, Florida v. Arline (1987)

A person with a communicable disease is eligible for protection under Section 504

Parham v. J. R. 1979

Legislation allowing parents to commit a minor child to a mental institution for treatment without the consent of the child – courts viewed minors as incompetent of making informed decisions about their own treatment

Wyatt v. Stickney 1971-1972

Legislation stating that individuals who are involuntarily committed to a mental institution have a constitutional right to treatment that will allow for their return to society

Tinker v. Des Moines Indep. Comm. School District 1969

Legislation protecting student’s first amendment rights when on school property – States that schools must be able to prove that the conduct would “materially or substantially” interfere with the operations of the school

Wood v. Strickland 1975

Legislation stating that school officials are cloaked with “qualified immunity” from a lawsuit for money damages – school officials can only be sued for money damages if they act with malicious intent