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Law Analysis Part II
The relationship between a school counselor and their students are vital for the
effectiveness of the counselor to provide the correct support for the students. Along side this, there
are other roles a school counselor must adhere to. The biggest role a school counselor must adhere
to is the ability to advocate for their students, to do this one must understand and familiarize
themselves with the legal mandates. This is to aid in the support for students to learn in an
environment that promotes their fullest capability. Legal mandates provide support for their
students and a school counselor must understand how these mandates are implemented within their
schools.
Mandates are put into effect by states to provide every child with free and appropriate
public education. Specifically, looking at special education, these mandates are vital for students
who need extra support, it is a way to ensure children with disabilities have the right to free,
appropriate education, granting them access to special education services tailored to the students’
needs and accommodations. Throughout history, there has been certain cases that were deemed
“landmarks” of the education system, all aiding in the regulation of the federal and or stated
mandates we have today that ensures children with disabilities get the correct and appropriate
education and or accommodations they need to have a successful academic career (Forte Law
Group LLC - Connecticut special education lawyer, 2022).
Landmark Court Case 1
There have been many “landmark” court cases that has influences on today’s mandates
throughout history, specifically one of them being Mills v. Board of Education of the District of
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Columbia. This case had originated form a lawsuit from the NLADA, this program provides legal
assistance and public defenders to Americans who are unable to afford lawyers. They had sued the
board of education of the district of Columbia, the Superintendent of schools and the commissioner
of the district of Columbia due to a violation of the congressional decree of mandating publicly
funded education for the children of D.C. (Ross, 2022). The NLADA brought forth seven children
between the ages of 8-16 with disabilities that ranged from, epilepsy, behavioral problems, and
degrees of “mental retardation” (Ross, 2022). However, the lead plaintiff was a 12-year-old boy
names peter Mills, Argo the name of the case. This case is brought up due to the “exception”
children that were not included in past rulings to be granted the access to public education. These
children included physical, intellectual, mental and or developmental disabilities.
The rulings of this case were found that no children may be denied a public education
because of any “exception”, including children with physical, intellectual, mental and or
developmental disabilities. The court also found that the defendant schools system failed to provide
an education that by claiming insufficient government funding (Forte Law Group LLC -
Connecticut special education lawyer, 2022). Following this ruling federal legislature passed a
federal law that guarantees a free appropriate public education to all children with disabilities. One
specifically is now called the Individuals with Disabilities Education Act (IDEA) (Forte Law
Group LLC - Connecticut special education lawyer, 2022).
Landmark Court Case 2
Another “Landmark” court case that had influenced the education system we know today
when it comes to special education would be the case of the Board of Education of the Hendrick
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Hudson Central School District v. Rowley. Before 1975, children and students with disabilities
were limited to two options when it came to education; being entirely excluded from public schools
and or admitted to schools and never received appropriate accommodations to match their
education needs. However, in 1975 FAPE was established, which provided; “(A) are provided at
public expense, under public supervision and direction, and without charge, (B) meet standards of
the State educational agency, (C) include an appropriate preschool, elementary, or secondary
school education in the state involved, and (D) are provided in conformity with the individualized
education program. (IDEA, 20 U.S.C. § l401(a)(18))” (Yell, Katiyannis, Hazelkorn, 2017). In
1982, Nancy and Clifford Rowley had a child who had lost her hearing due to a childhood disease,
during this time the school and Nancy had had meeting regarding her child Am. Staff at Hendrick
Hudson Central School District, Montrose, New York offered two options, to attend Furnace
Woods with a ASL interpreter or for Amy to attend a New York School for the Deaf. Following an
IEP meeting was held, after the trail period it was said that Amy resisted the assistance, and that
Amy was falling behind. The IEP had then been removed for Amy’s first grade year, and a new one
was granted with speech and auditory specialist once a week, however the Rowley’s did not sign
the IEP plan and hired lawyers (Yell, Katiyannis, Hazelkorn, 2017).
In 1979 the suit was brought to the U.S. District Court; Judge Broderick issued a two-page
opinion stating in favor of the plaintiff and that Amy’s needs where not being meet. From there this
case got brought to the U.S. supreme court, which found that a school must give a two-part test
when it comes to the adequacy of education benefits. The also ruled that FAPE cannot be given a
standard, IEPs would need to be based upon a multifactorial evaluation conducted by a case-by-
case basis (Yell, Katiyannis, Hazelkorn, 2017).
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Conclusion
Both of these “Landmark” Mandates have influenced the education system we know
today when it comes to the special education track in the most positive way. Through the
struggles and the pain, these people have advocating for children with disabilities to make
change happen. There are pivotal moments and cases that have changed our trajectory and our
overall viewpoint when it comes to special education and the bigger picture of students welfare
and success.
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References
Yell, M. L., Katiyannis, A., & Hazelkorn, M. (2017). Reflections on the 25th anniversary of the
U.S. Supreme Court’s decision in Board of Education v. Rowley. Focus on Exceptional
Children, 39(9). https://doi.org/10.17161/fec.v39i9.6876
History of special education: Important landmark cases - forte law group LLC. Forte Law Group
LLC - Connecticut special education lawyer. (2022, March 16).
https://www.fortelawgroup.com/history-special-education-important-landmark-cases/
Ross, Nathaniel, "Mills v. Board of Education of District of Columbia (1972)". Embryo Project
Encyclopedia (J2022-06-14J). ISSN: 1940-5030 https://hdl.handle.net/10776/13339
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