PARC v.

Commonwealth of Pennsylvania (1972)

Genesis Rangel
Introduction to Special Education 203
Exploration of Historical foundations in Special Education: Landmark
Court Case
Thursday, February 25, 2016

Only a few decades ago, children with intellectual disabilities did

not have the right to a public education. In fact, services were denied
to children who have not attained a mental age of five years by the
start of first grade, under the state law of Pennsylvania. This was until
the first right-to-education law suit in the country was made to
overturn the Pennsylvania law and secure an education for all the
children which was in 1971 and is known as the Pennsylvania
Association for Retarded Children (PARC) v. Commonwealth of
Pennsylvania. What this case brought was that the States must
guarantee the right to a free public education for all the children with
disabilities. What this case did was expanded public education for
those with intellectual disabilities, who at the time, did not have the
right to a public education. Students were to be placed in the least
restrictive environment possible. Parents were able to make
educational decisions involving their children, because this case gave
the parents that right. This case also brought the principle we know as
zero-reject which ensures that all children receive a free and
appropriate public education no matter how severe their disability.
The definition of a landmark case goes as follows according to
TheLawDictionary.org, a term used to describe a case of importance
that will establish a new law and set new precedents. This case was a
landmark case because there was finally a right to an education for all
the children with disabilities. Thus, creating a new law that gave the

right to an education for the children with disabilities. This case also
established the standard that each child must be offered an
individualized education and that children should be placed in the least
restrictive environment as possible.
Though PARC ended quickly in a consent decree, a subsequent
case, Mills V. Board of Education, later reached the Supreme Court
under the same principles on which PARC was brought. This was the
finally establishment fundamental Constitutional right to education of
all children with disabilities. It was until four years later (in 1975), when
the consent decree in PARC became to what we know as the
Education for All Handicapped Children Act, which is what we know
as the Individuals with Disabilities Education Act. The side that won the
Commonwealth because these were the parents with money who
wanted their children to get an education like all the other children
were already obtaining. This case was the first step of benefits for the
disables since around this era they were not receiving there complete
rights. These were the parents determined to give their children the
opportunity to receive an education like all the other children already
had the right to an education.

References
Garguilo, R. (2015), Special Education: Contemporary society 5e.
Canada.

Mar. 1, 2016. The Law Dictonary.

http://thelawdictionary.org/landmark-case/

Li, Louie. Mar. 1, 2016. PARC v. Commonwealth of Pennsylvania

http://www.rootedinrights.org/15321-revision-v1/