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Board of Education of the Hendrick Hudson Central School District v. Rowley
Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982) is the most significant court case concerning the interpretation of the Individuals with Disabilities Education Act. It is the only occasion the U.S. Supreme Court has ruled on the requirement of public schools' to provide an appropriate education to students with disabilities. It is estimated that is has been cited by at least 3,279 cases.〔Weber, 2012, p. 1〕
==Background==
In the early 1970s a series of Federal District Court cases – namely Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania (1971) and Mills v. Board of Education of District of Columbia (1972) – found a right to education for children with disabilities on the basis of due process and equal protection.〔''Harvard Law Review'', 1979, p. 1104〕 A 1974 investigation by Congress found that more than 1.75 million children with disabilities received no public education and that another 3 million who did attend school did not receive education services appropriate to their needs. In 1975 Congress passed and President Ford signed into law the Education for All Handicapped Children Act (EACHA), subsequently reauthorized as the Individuals with Disabilities Education Act (IDEA) in 1990.
The Act mandated that all children with disabilities receive a Free Appropriate Public Education (FAPE) and that the means to achieve this was that the student, parents and teachers together devise an Individualized Education Program (IEP). But the Act did not require that IEPs include any particular services, standards or outcomes. It stated that every child with a disability was to receive an “appropriate” education, but left it to parents and local officials to determine through the IEP conference what constituted “appropriate”. Congress believed that these determinations were the responsibility of state and local officials, that the interests of parents and experts would produce the desired outcomes and that specifying a process for review and appeal would provide remedy in cases where parents believed their child was begin underserved. The Act focused on process rather than substance. But Congress also set funding levels based on the raw number of students with disabilities, regardless of their level of services needed, creating an incentive for school districts to identify students with disabilities, but deny them the most costly services.〔''Harvard Law Review'', 1979, pp. 1106-1111〕
In 1976, a year prior to Amy beginning kindergarten, Nancy Rowley met with the principal of Furnace Woods Elementary School in the Hendrick Hudson Central School District of Montrose, New York.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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