The Case About Amy

Legal Chronology

April1977 Parents of Amy Rowley file complaint with the Civil Rights Division of the Department of Health, Education and Welfare charging discrimination on the part of the Hendrick Hudson Central School District against their deaf daughter, Amy, under Section 504 of the Rehabilitation Act of1973. The Rowleys seek a sign language interpreter for Amy's kindergarten classes with hearing students beginning the following September . May 1978 Office for Civil Rights, Department of Health, Education and Welfare, finds Hendrick Hudson Central School District in compliance with Section 504 of the Rehabilitation Act of 1973. December 1978 Impartial hearing by the Hendrick Hudson Central School District is held to determine whether the district is in compliance with the Education for All Handicapped Children Act of 1975. January 1979 Impartial hearing examiner rules that Amy is receiving an "appropriate" education under terms ofthe Education for All Handicapped Children Act. Rowleys appeal to the New York State Commissioner of Education. xv Copyrighted Material Legal Chronology April1979 State commissioner of education denies the appeal, affirming the impartial hearing examiner's decision. September-October 1979 Hearings are held before a judge in United States District Court for the Second District of New York on the question of whether Amy Rowley is receiving an appropriate education from the Hendrick Hudson Central School District. December 1979 Judge rules that Amy's education is not appropriate and orders a sign language interpreter for all school periods in which academic subjects are taught.Judge's full opinion, delivered in January 1980, calls for the district to supply Amy with an education providing the opportunity to reach her full potential commensurate with the opportunity provided other students. Hendrick Hudson Central School District appeals to Second Circuit Court of Appeals of New York. May 1980 Hendrick Hudson District's appeal is heard by the three-judge Second Circuit Court ofAppeals. July 1980 Second Circuit Court upholds Judge Broderick's decision by a 2 to 1 vote, ruling that a sign language interpreter is necessary for Amy to have an opportunity to learn equal to that of hearing students. December 1980 Hendrick Hudson Central School District petitions the Supreme Court of the United States to review the Rowley case. November 1981 The Supreme Court announces it will accept the Rowley case for review. March 1982 The Supreme Court hears Hendrick Hudson Central School District v. Rowley. June 1982 The Supreme Court rules 6 to 3, overturning the lower courts' decisions and declaring that Amy is receiving an appropriate education without the sign language interpreter. Majority decision holds that children with disabilities who are making progress in school grade by grade are receiving an appropriate education. XVI Copyrighted Material Legal Chronology Note: Other legal efforts were made on behalf of Amy Rowley following the Supreme Court decision. None was successful in bringing about a ruling restoring the sign language interpreter. Further impartial hearings were held in December 1982 and August 1983, the first on the Rowleys' contention that the Supreme Court order had dealt with four-year-old evidence and that Amy's need for an interpreter had since increased, and the second based on procedural matters not taken up in the district court hearing . In both parts, the hearing examiner ruled in favor of the school district . To this day, the Rowley case remains the sole substantive ruling by the Supreme Court on the Education for All Handicapped Children Act, since renamed the Individuals with Disabilities Education Act (IDEA). XVll Copyrighted Material Copyrighted Material Copyrighted Material Copyrighted Material ...