children out of school in america - University of Tennessee Digital ...

I. Exclusion-Right to Education
I. Every child, regardless of handicap is guaranteed
a right to a free and equal educational opportunity.
Federal Decisions:
Mills v. Board of Education of District of Columbia,
348 F.Supp. 866 (D.D.C. 1972), (Class action
on behalf of all exceptional children excluded
from school. Right based on equal protection
aspects of the due process clause of the Fifth
Amendment, U.S. Constitution, and District of
Columbia statutes and regulations. Public programs
suitable to special needs to be provided or tuition
to private school paid by D.C.)
State Decisions:
In re Reid, No. 8742 (N.Y. State Commr. of
Ed., Nov. 26, 1973) (Clearinghouse No. 9376),
(Class action on behalf of all handicapped children
in New York City not receiving appropriate
educational services. Commissioner, relying on
state law, ordered all diagnosed handicapped children
immediately placed in appropriate public
school classes.)
Maryland Association for Retarded Children v.
Maryland, No. 77676 (Md. Cir. Ct., Baltimore
County, April 9, 1974) (Clearinghouse No.
12,451) (Class action on behalf of all retarded
children. Maryland statutes held to require that a
free education be provided all children with handicaps,
including mentally retarded children. Education
defined very broadly as including every type
of training for mentally retarded children.)
In the Interest of G. H., Civil No. 8930 (Supreme
Court of North Dakota, April 30, 1974) (The
United States and North Dakota Constitutions
guarantee a public school education to all handicapped
children.)
Doe v. Board of School Directors of Milwaukee,
No. 377-770 (Wis. Cir. Ct., Milwaukee County,
April 13, 1970) (Clearinghouse No. 3390)
(Class action on behalf of all mentally retarded
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AppelldlxP
RIGHT TO EDUCATION: PRINCIPLES AND CASES
children determined to be in need of SPED placement
and on a waiting list for special programs.
Placement had to be provided immediately.)
Wolf v. Legislature of State of Utah, No. 182646
(Utah Dist. Ct., Salt Lake County, Jan. 8, 1969)
(Plaintiffs were two mentally retarded children
excluded from schooi. State Constitution and
statutes require free public education for all children.)
Kivell v. Nemoitin, No. 143913 (Conn. Super.
Ct., Fairfield County, July 18,1972) (State had
obligation to provide program appropriate to
perceptually handicapped child's needs.)
Federal Court Consent Agreements:
Pennsylvania Association for Retarded Children
v. Pennsylvania, 334 F.Supp. 1257 (E.D.Pa.
1971), 343 F.Supp. 279 (1972). (Class action
on behalf of retarded children.)
LeBanks v. Spears, No. 71-2897 (E.D.La. April
24, 1973)
Federal Cases Pending In Which the Right to
Education Has Been Raised as a Matter of
Federal or State Law:
Colorado Association for Retarded Children v.
Colorado, No. C-4620 (D.Colo., filed Dec. 22,
1972) (Clearinghouse No. 9504) (Class action
-all handicapped children.)
Rhode Island Society for Autistic Children v.
Rhode Island, No. 5081 (D.R.I., filed Jan. 22,
1973) (Class action-all exceptional children.)
Association for Mentally III Children v. Greenblatt,
No. 71-3074-J (D.Mass., filed Dec. 30,
1971) (Clearinghouse No. 7426) (Case name
changed to Barnett v. Goldman-class action on
behalf of emotionally disturbed children.)
Panitch v. Wisconsin, No. 72-C-461 (E.D.Wis.,
filed Aug. 14, 1972) (Class action-all handicapped
children denied local public program.)
North Carolina Association for Retarded Children
v. North Carolina, No. 3050 (E.D.N.C., filed