Filed Date: Jan. 7, 1971
Closed Date: 1972
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On January 7, 1971, several children with mental disabilities, by and through their parents, filed this class-action lawsuit in the United States District Court for the Eastern District of Pennsylvania against the Commonwealth of Pennsylvania, the State Board of Education and several named school districts. The plaintiffs, represented by counsel from the Pennsylvania Association for Retarded Children (PARC), sought declaratory and injunctive relief, claiming that certain state laws unconstitutionally denied a free publicly funded education to children with mental disabilities. Specifically, the plaintiffs claimed that the named school districts unfairly classified certain students as "uneducable and untrainable," and also denied public education to students who did not reach the mental capacity of a 5-year-old by the time they turned 8 years old.
On October 8, 1971, the Court entered a consent decree agreed to by the parties, which declared several state laws unconstitutional, and required the state to evaluate and place all students with mental disabilities ages 6-21 in a proper publicly funded educational setting. PARC v. Commonwealth of Pennsylvania, 334 F.Supp. 1257 (E.D. Pa. 1971). The Court appointed a monitor and retained jurisdiction for enforcement of the consent decree. On May 5, 1972, the parties made minor adjustments to the consent decree without changing its basic framework. PARC v. Commonwealth of Pennsylvania, 343 F.Supp. 279 (E.D. Pa. 1972).
Pursuant to the consent decree, this case was closed on October 15, 1972.
Note: This Consent Decree was the foundation for the Education for All Handicapped Children Act, which eventually led to the Individuals with Disabilities Education Act.
Summary Authors
Joshua Arocho (7/31/2012)
Masterson, Thomas Ambrose (Pennsylvania)
Masterson, Thomas Ambrose (Pennsylvania)
Last updated April 1, 2023, 3:10 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Key Dates
Filing Date: Jan. 7, 1971
Closing Date: 1972
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All mentally retarded persons, residents of the Commonwealth of Pennsylvania, who have been, are being, or may be denied access to a free public program of education and training while they are, or were, less than twenty-one years of age.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Commonwealth of Pennsylvania , State
13 Named School Districts, School District
State Board of Education, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Implement complaint/dispute resolution process
Goals (e.g., for hiring, admissions)
Issues
General:
Disability:
Medical/Mental Health:
Intellectual/Developmental Disability
Type of Facility: