The case that gave us "FAPE" or Free Appropriate Public Education

The Impact of the Board of Education of Hendrick Hudson Central School District v. Rowley on Children with Disabilities

The Board of Education of Hendrick Hudson Central School District v. Rowley case was one that would help bring educational equality to children with special needs in the classroom. Argued on March 23, 1982, the case was filed in response to a hearing-impaired child who required further learning assistance. The respondent's argument stemmed from an instance where a child who had minimal hearing loss and was provided special hearing aids by school authorities was denied upon an administrative proceeding, further assistance from a qualified sign-language interpreter as requested by the child's parents and tutors. The parents responded by filing suit in the District Courts, who found that although the child was advancing without struggle, she was not performing to her academic potential due to her handicap. The disparity between the child's potential and her academic achievement proved to the courts that she was not receiving a "free appropriate public education," defined by the court as the "opportunity to achieve [her] full potential commensurate with the opportunity provided to other children." The final judgment was decided on June 28, 1982, opening the door for assistance for handicapped children nationwide.

Upon the decision of the courts, The Education of the Handicapped Act (ACT) was enacted to provide federally funded assistance for states and local agencies to aid in their education of handicapped children. To qualify for this federal assistance, each State must provide a detailed plan that shows it has enacted a policy ensuring all handicapped children have access to "free appropriate education" to receive federal approval. All policies set in place must be tailored to the unique needs of each child through the creation and implementation of an Individualized Education Plan or IEP.

For the IEP to qualify, it must be prepared and annually reviewed by the school's officials and must include the participation of the child's parents or legal guardian. Additionally, the Education of the Handicapped Act also requires all participating States to provide each child's parents or legal guardian with specified administrative procedures enabling them to change or challenge their child's educational evaluation, and any party that is unhappy or aggrieved by the states administrative decisions has the ability to bring a civil action against the educational facility in either a state court or federal district court. It is important to note that while it is necessary for the IEP to be reasonably calculated, the school is not required to provide all services required to maximize the child's potential.

The Board of Education of Hendrick Hudson Central School District v. Rowley set the stage for equality of education among handicapped children across the United States by being the first special education case decided by the Supreme Court. Since its determination, handicapped children have had access to life-changing educational assistance enabling them to reach their full potential both in and out of the classroom.