LEGAL PROCEEDINGS


LEGAL PROCEEDINGS
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What did PARC want?

PARC demanded:

  • Access to Education for All:

    • PARC demanded that Pennsylvania public schools provide free public education to all children with intellectual disabilities between the ages of 6 and 21, just as they did for children without disabilities.

  • End to Exclusionary Policies:

    • They called for an end to the state’s laws and practices that excluded children from schools solely based on their disabilities.

  • Individualized Education Plans (IEPs):

    • PARC proposed that children with disabilities should receive education tailored to their unique needs and abilities. This could include specialized programs, teaching methods, and services to help them succeed.

  • Parental Involvement:

    • PARC also emphasized the need for parents to be involved in decisions about their children’s education, ensuring their voices were heard in the process.

Case Filing

The lawsuit, filed in federal court in 1971, argued that Pennsylvania’s education laws violated the constitutional rights of children with intellectual disabilities. PARC claimed:

  1. The Equal Protection Clause of the 14th Amendment ensures that all individuals are treated equally under the law. By excluding children with disabilities, the state was discriminating against them.
  2. The Due Process Clause of the 14th Amendment requires that no one’s rights be taken away without a fair legal process. Denying education to children with disabilities violated this fundamental principle.

Complaint filed by PARC,1971, Civil Rights Litigation Clearinghouse.

PARENTS MOVEMENT
TRIAL & SETTLEMENT