Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania

Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania, was a legal case in 1971 where the Commonwealth of Pennsylvania was sued by the Pennsylvania Association for Retarded Citizens (PARC), now The Arc of Pennsylvania, over a law that gave public schools the authority to deny a free education to children who had reached the age of 8, yet had not reached the mental age of 5. The law had also been used by the state in multiple occasions to deny free public education to children who had a hard time integrating into classroom environments and schools. This was the first major legal case to provide equality to students with disabilities. The case was filed and settled by the District Court of the Eastern District of Pennsylvania and lasted between 1971-1972. The case was over seen by three judges, Circuit Judge Adams, and two District Judges, Masterson and Broderick. The language used during this case is outdated to modern times; therefore, the use of the word "mentally retarded" refers to any intellectual disability.

The argument of the case was that all children, whether having an intellectual disability or not, could benefit from any type of free training or education. It was also argued that not having free educational resources will negatively effect the way a child develops. Although children with intellectual disability would benefit differently than other children, they would be able to develop levels of self-care. Furthermore, the more education they received, the more they could continue to benefit. Pennsylvania's education laws at that time allowed the students' rights of due process to be denied along with a free public education. This was argued by the plaintiffs to be both unlawful and unjust.

The plaintiffs in the case are the Pennsylvania Association for Retarded Citizens and the families of children with intellectual disabilities who were denied an education.

The Pennsylvania Association for Retarded Citizens (PARC) is a non-profit organization created in 1949 with goals of advancing the interests of citizens with intellectual and developmental disabilities (I/DD) in Pennsylvania, along with ensuring that people with I/DD get their share and equal resources that is given to all citizens of the state. During the time of the case, PARC had member chapters in 53 out of the 67 counties in Pennsylvania. The PARC chapters ran education programs for children with intellectual disabilities and had been doing so for up to 20 years before the case.

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