Learn About Federal Education Laws From Our Education Rights Attorneys
Are you or your children grappling with a complicated legal issue related to education? The federal laws that affect educational rights in Florida and the U.S. are incredibly complex. Our Sarasota education attorneys at Windsor Law LLC are committed to helping you understand your rights and how the laws affect you. On this page, you can read about some of the nation’s most important laws and court cases when it comes to special education.
What Is The Education for All Handicapped Children Act?
The Education for All Handicapped Children Act (EAHCA or EHA), also called Public Law (PL) 94-142, was enacted by the United States Congress in 1975. Under the EHA, public schools accepting federal funds must:
- Provide equal access to education for children with physical and mental disabilities.
- Provide one free meal a day for children with physical and mental disabilities.
- Evaluate handicapped children.
- Create an educational plan with parent input to emulate the educational experience of nondisabled students.
- Have procedures in place so that parents of disabled children could dispute decisions made about their children’s education.
- Place disabled students in the least restrictive environment.
- Allow impartial hearings to resolve conflicts between the parents of disabled children to the school system.
The law was passed to meet four goals:
- Provide special education services to children who need them.
- Facilitate fair and appropriate decisions about services to disabled students.
- Establish management and auditing requirements for special education.
- Provide federal funds to help the states educate disabled students.
The EHA was revised and renamed as the Individuals with Disabilities Education Act in 1990 for the improvement of special education and inclusive education.
What Is The Smith v. Robinson Case?
The Supreme Court decided that the EHA would be the remedy for disabled students asserting their right to equal access to public education in Smith v. Robinson, 468 U.S. 992 (1984). The petitioner, Tommy Smith, was an eight-year-old student who had cerebral palsy.
The school district in Cumberland, Rhode Island, originally agreed to subsidize Tommy’s education by placing him in a program for special needs children at the Emma Pendleton Bradley Hospital. The school district later decided to remove Tommy from that program and send him to the Rhode Island Division of Mental Health, Retardation and Hospitals, which was understaffed and underfunded.
This transfer would have constructively terminated Tommy’s public education. Tommy’s parents appealed to the school district’s decision through the administrative process created by EAHCA, then sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983.
What Is The Relationship Between The EHA, The Rehabilitation Act And The Equal Protection Clause?
The United States Supreme Court held that the administrative process created by EHA was the exclusive remedy for disabled students asserting their right to equal access to education. The court based its decision on a contextual analysis of the applicable statutes. To permit a student to rely on §504 or the §1983 would be to effectively eliminate the EHA because it would circumvent the EHA’s requirement that petitioners first exhaust their administrative options before seeking judicial intervention.
Contact Our Florida Education Rights Lawyers With More Questions
Federal education law is incredibly complex, but our team at Windsor Law LLC can help you understand it. Come to our Sarasota law office and discuss how we can assist you and your child. Call the office at 941-487-7527 or email us and ask how we can help.