HUDSON CENTRAL SCHOOL

DISTRICT v. ROWLEY

(Doug Kerr 2008)(Doug Kerr 2008)

Legal Summary EnrichmentLegal Summary EnrichmentNancy Berger and Timothy McKean Nancy Berger and Timothy McKean

EDL 585EDL 585Azusa Pacific UniversityAzusa Pacific University

Case ScenarioAmy Rowley, KindergartenFM Hearing AidTraining for teachersPersonal Interpreter (2 week trial period)

Case ScenarioAmy Rowley, 1st GradeFM Hearing AidTraining for teachersPersonal Interpreter Work with tutor for deaf studentsWork with Speech Therapist

Pre-court Appeals

School District's Committee on the HandicappedIndependent Examiner

Appellate Courts

Free and Appropriate Public Education

not achieving as well as “she could if she were not deaf and thus was not learning as much . . . as she would without her handicap” (McFarlane 2012, p8)

U.S. Supreme Court

Petition for Writ of CertiorariSTARE DECISIS- "to stand by that which is decided."

Two QuestionsWhat is meant by “Free and Appropriate Public Education?”What is the role of the State and Federal courts in exercising the the review?

??

Supreme Court Decision

“ . . . the intent of the Act was more to open the door of public education to handicapped children on appropriate terms than to guarantee any particular level of education once inside”

Thomas Loepp, Collection of the Supreme Court of the United StatesThomas Loepp, Collection of the Supreme Court of the United States

(MacFarlene, 2012, p. 49)(MacFarlene, 2012, p. 49)

Blackmun’s Concurrence

“...offered her an opportunity to understand and participate in the classroom that was substantially equal to that given her non handicapped classmates.”

Everett Raymond Kinstler, Collection of the Supreme Court of the United StatesEverett Raymond Kinstler, Collection of the Supreme Court of the United States

(Mead, & Paige, 2008, p. 2)(Mead, & Paige, 2008, p. 2)

Dissent“Amy, without a sign language interpreter, comprehends less than half of what is said in the classroom less than half of what the normal children comprehend. This is hardly an equal opportunity to learn, even if Amy makes passing grades”

Decision in Practice

The Rowley TestPassing MarksProcedural SafeguardsTrust School Authorities

Following Rowley

Cadillac vs. Chevrolet Argument1997 IDEA AmmendmentsJ.L. V Mercer Island School District,

vs.vs.

SourcesCrockett, J. & Yell, M., Without data all we have are assumptions: Revisiting the meaning of a free appropriate public education, Journal of Law & Education, July 2008, Vol. 37 (3), p381-392.

Hersh, C.L. & Johansen, I. M, Free appropriate public education in the fourth circuit, School of Government, the University of North Carolina at Chapel Hill, 2007,

Johnson, S., Rowly forever more? A call for clarity and change, Journal of Law & Education, January 2012, Vol. 41, No.1, p25-44.

Kaufman, A.K. & Blewett, E., When good enough is not longer good enough: how the high stakes nature of the no child left behind act supplanted the Rowley definition of free appropriate public education, Journal of Law and Education, January 2012, Vol.41, No. 1 p8-23.

Macfarlane, M., The shifting floor of educational opportunity: the impact of educational reform on Rowley, Journal of Law & Education, January 2012, p 48-69.

Mead, J. & Paige, M., Board of Education of Hendrick Hudson v. Rowley: An Examination of its Precedential Impact, Journal of Law & Education, July 2008, 37 (3) p 329-345.

National Center of Accessing the General Curriculum, Post IDEA'97 case law and administrative decisions: access to the general curriculum, a policy paper for educator and families.

PhotosDoug Kerr. (Photographer). (2008). Westechester county, new york. [Web Photo]. Retrieved from

http://www.flickr.com/photos/dougtone/4331743203/sizes/o/in/photostream/

(2008) Deaf Student [Web Photo] Retrieved from: http://education-portal.com/articles/Teaching_the_Deaf_an_Issue_in_Many_States_Across_the_Nation.html

http://nylawblog.typepad.com/suigeneris/federal_decisions/

Open Democracy (Photographer). (2007) US Supreme Court. [Web Photo] Retrieved from http://www.flickr.com/photos/opendemocracy/761487307/

Thomas Loepp, Collection of the Supreme Court of the United States [Web Graphic] Retrieved from http://www.oyez.org/justices/william_h_rehnquist

Everett Raymond Kinstler, Collection of the Supreme Court of the United States [Web Graphic] Retrieved from http://www.oyez.org/justices/harry_a_blackmun

Kevo,Jose (Photographer). (2009). Yo y mis estudiantes Retrieved from [Web Photo] http://www.flickr.com/photos/jose_kevo/3860952848/

Justice Byron White [Web Photo] Retrieved from http://lawyersusaonline.com/dcdicta/files/2009/06/byronwhite.jpg