Special Education and the Law

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Special Education and the Law

• EDLPS 516/EDSPE 504
• Winter Quarter
• January 5, 2009
• Sherrie Brown, J.D., Ed.D.
  sbrown_at_u.washington.edu

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Agenda for Tonight

• Introductions
• Syllabus Review
• American Legal System
• Reading Court Opinions
• Writing Case Briefs

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Why Educators Need to be Legally Literate

• In the US all issues become, sooner or later, a
  subject of judicial debate. (de Tocqueville)
• Be clear on responsibilities in instruction and
  expectations of society in order to protect
  themselves from liability.
• Be cognizant of their rights in the performance
  of their duties.
• To appreciate the influence of the American Legal
  System (which is broader than simply court
  decisions) on the policy decisions made in public
  education.
• Be familiar with the basics of our system of
  government to adequately prepare children to be
  informed citizens.

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AMERICAN LEGAL SYSTEMthe BASICS

• The United States is a federal systemwhat does
  that mean
• What are the sources of law?
• How does the court get involved in judgment of
  the other branches of government?

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Federalism is

• Union of fifty states under one central
  government authority.
• And, it is a system of parallel
  governments-local, state, federal.
• There is a shared power between these parallel
  systems, but the federal constitution and
  statutory laws have supremacy. Marbury v. Madison

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Sources of Law

• Constitution
• Legislative acts - i.e., statutes or laws
• Administrative law
• Court decisions - court or case law. (common
  law)

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Courts get involved by

• Applying principles of law to specific set of
  facts--settle disputes.
• Construing or interpreting legislative or
  regulatory enactments.
• Statutory interpretation--philosophy of courts
  varies. Strict construction, liberal, plain
  meaning.
• Determining the constitutionality of legislative
  or administrative actions.

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STATE COURTS

• Courts of Limited Jurisdiction--lower trial
  courts. Municipal, county courts, small claims,
  traffic, probate. SEATTLE MUNICIPAL COURT. Not
  published
• Courts of General Jurisdiction (your text calls
  these original jurisdiction courts)-major trial
  courts. KING COUNTY SUPERIOR COURT. Not usually
  published
• Intermediate Appellate Courts--they hear appeals
  from trial courts and administrative agencies.
  THREE COURTS OF APPEALS in Washington.
  (Northwest, Southwest and all of Eastern
  Washington) Division I,II, III (Seattle, Tacoma,
  Spokane) (Wash App. P2d) Generally published
• Courts of Last Resort-often called the Supreme
  Court. WASH STATE SUPREME (Wash, Wash 2d)
  PUBLISHED

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FEDERAL COURTS

• District Courts--at least one in every state,
  usually more than two. In Washington we have
  Eastern District and Western District. Cases
  generally either between citizens of different
  states or involving litigation of federal
  statutes or the federal constitution. (F.Supp)
• Courts of Appeals--there are 13 courts of
  appeals. 11 geographic circuits and one for DC,
  one federal . Decides issues of law not fact.
  9th Circuit Court of Appeals (Calif, Oregon,
  Alaska, Montana, Idaho, Nevada, Arizona) F2d, F3d
  (9th Cir.)
• Courts of Special Jurisdiction---e.g. Tax Court,
  Customs Courts, etc. Federal Circuit
• Supreme Court--no redress. Brought before
  Supremes by appeal (writ of certiorari) or
  through original jurisdiction. Cases such as
  state statute or federal statute is questioned or
  any right or privilege is claimed under the
  Constitution. Requires 4/9 judges. Very
  political, private. (U.S.)

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FINDING COURT DECISIONS

• US Supreme Court Decisions can be found in the
  official report, United States Reports. eg.
  Brown v. Board of Education of Topeka, Kansas,
  349 U.S. 294 (1955) vol 349 of the reports at
  page 294.
• Federal cases US Courts of Appeals reported in
  Federal Reporter, Second Series. Clark v.
  Whitting, 607 F.2d 634 (4th Cir. 1979). This is
  the commercial version.
• US District CourtsFederal Supplement (F.Supp.)
  Ponton v. Newport News School Board, 632 F.Supp.
  1056 (E.D.Va. 1986)
• State cases. State Supreme Court and State
  Appellate cases often in more than one set.
  Washington Reports and Pacific Reporter. (P.2d)
  
• HINT First page of a decision generally gives a
  good summary of the court history, decision,
  official name and date of case.

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FINDING STATUTES

• Federal statutes are officially compiled
  according to topic in the United States Code
  (U.S.C.) Unofficial annotated editions are
  available in the US Code Annotated (USCA)
• Congressional acts in their chronological order
  of passage are compiled in the US Statutes at
  Large (Stat.) by Public Law number P.L. 94-142
  means 142nd law passed by the 94 Congressional
  sessionnot the year.
• Citations to the statutes are not reflective of
  the changesfor example 94-142 is commonly used
  to describe the special education lawbut the
  content of EHA or 94-142 is significantly
  different than the IDEA which is now the federal
  special education law.

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RULES AND REGULATIONS

• When agencies issue rules and regulations
  designed to assist in the implementation of
  federal statutes are in the Federal Register
  (Fed. Reg.), the Code of Federal Regulations
  (CFR).

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Test your Knowledge

• What does RCW 28A.600.220 mean?
• What does WAC 190-40-245 mean?

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What is the goal of reading a case decision?

• To find the rule that the judge pronounces.
• Anything else that may be said in the opinion
  --e.g., anything not particular to resolving the
  issue before the court is dicta.
• Dicta are not binding.

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Case Analysis

• Is a skill and like any othertakes time to
  develop.
• Dont get discouraged by the legalese, cases are
  really just stories about people like you and me.
  
• Try the framework I am giving you today.
• Hint it is always a good idea to read the
  opinion.

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Analyzing Court Decisions aka briefing a case

• Title and citation (where to find it again and
  how to reference it in a discussion)
• Level or type of court hearing the case
• Relevant facts involved in the case
• Disputed issue or issues in the case
• Holdings of the court
• Legal doctrine or principle supporting the
  decisioni.e., rationale/reasoning.
• Significance of the decision regarding future
  actions

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FACTS

• Who did what to whom and why are they in court?
• What facts are necessary to make a decisioni.e.,
  what is legally relevant.
• Often difficult to decideespecially as you are
  learning how to briefwhat is relevant.
• When in doubt, keep it in.

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ISSUE(s)

• What question is the plaintiff asking the court
  to address?
• There may be substantive legal issue(s) and
  procedural legal issue(s).
• We are interested in the substantive ones only in
  this class.

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HOLDING

• How does the court answer the question or issue?
  
• Can be a yes/no answer
• More often it is a mixed

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REASONING/RATIONALE

• How does the court reach its holding in the
  casei.e., why does the court answer the question
  the way it does?
• Justification for the ruling
• Guidelines for future situations

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SIGNIFICANCE

• Why is this decision (holding and reasoning)
  important for the future behavior of similar
  parties?
• Does the decision have additional significance
  for other parties because of the courts holding?

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Olmstead v. L.C., 527 U.S. 581 (1999)

• Two women voluntarily entered a state hospital
  for individuals with cognitive impairments
  (mental retardation and/or mental illness) to
  receive treatment.
• They were declared fit to return to community,
  were not allowed to leave because the state
  declared there were no appropriate supports
  available for them in the community.
• They sued the state arguing that Title II of the
  ADA prohibits a public entity from discriminating
  against qualified persons with disabilities.
• The term "discrimination" includes the failure of
  a public entity to administer its programs in the
  most integrated setting appropriate to the needs
  of qualified individuals with disabilities.
• Further, a public entity must make reasonable
  modifications to it policies and practices unless
  such measures would fundamentally alter the
  nature of the public entity's program.

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ISSUE

• Does the nondiscrimination mandate (under Title
  II) require placement of persons with
  disabilities in community settings rather than in
  institutions in certain circumstances, in order
  to achieve the "integration" requirement?

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HOLDING

• Qualified YES. Unnecessary institutionalization
  violates civil rights of people with disabilities
• States are required to make reasonable
  modifications in order to serve people in the
  community when
• The individual desires to live in a community
  setting
• The states treatment professionals determine
  community placement is appropriate and
• The placement can be reasonably accommodated,
  considering the resources available to the state
  and the needs of others receiving services from
  the state.

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REASONING

• Supremes show deference to Department of Justice
  regulations 1) unjustified placement or
  retention of persons in institutions constitutes
  discrimination by reason of disability under
  Title II and 2) reasonable modifications to
  programs/services required.
• Looks to purpose behind ADA passage and statutory
  language.
• Modifies the Court of Appeals construction of
  reasonable modification regulation to provide
  State some defense to obligation to immediately
  find placements in the community.
• Opines that states have obligation to administer
  services with an even hand and may consider
  resources available and the range of services
  required for others in State.

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SIGNIFICANCE

• States have clear duty to follow the
  inclusion/least restrictive mandate for those
  individuals who wish to live in the community and
  who are determined to be ready to do so.
• Resources of the state CAN be a factor in how
  quickly the inclusion occurs.
• All state provided servicesnot just
  residentialmust also follow the least
  restrictive mandate.