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What is the significance of the court case DODGE et al. v. BOARD OF EDUCATION OF CITY OF CHICAGO et al., and how did it impact the rights of students with disabilities

The court case DODGE et al. v. BOARD OF EDUCATION OF CITY OF CHICAGO et al. (1937) significant impact on the rights of students with disabilities. The case involved a challenge to a Illinois law that required teachers to retire at the age of 75, and the Supreme Court ultimately ruled that the law did not violate the due process clause of the Fourteenth Amendment.

The decision in DODGE et al. v. BOARD OF EDUCATION OF CITY OF CHICAGO et al. solidified the principle of legislative immunity, which holds that the government cannot be held liable for damages resulting from the exercise of its lawful powers. In this case, the Illinois legislature had enacted a law that affected the terms of employment for teachers, and the court ruled that this law did not create a vested right in the incumbent teachers.

The implications of this case for students with disabilities are significant. Firstly, it reinforced the notion that governments have the authority to enact laws that impact the terms of employment for public employees, including teachers. This means that if a state or local government decides to enact a law that affects the rights of students with disabilities, such as limiting their access to certain services or denying them accommodations, the courts may uphold such a law as constitutional.

Secondly, the case established that the government is not liable for damages resulting from the exercise of its lawful powers. This means that if a student with a disability is denied an accommodation or service that they need to access public education, the government may not be held liable for damages.

Overall, the case of DODGE et al. v. BOARD OF EDUCATION OF CITY OF CHICAGO et al. highlights the importance of vigilance in protecting the rights of students with disabilities. It emphasizes that the government has the authority to enact laws that impact the terms of employment for public employees, including teachers, and that the government is not liable for damages resulting from the exercise of its lawful powers. Therefore, it is essential that advocates for students with disabilities remain vigilant in monitoring government actions and ensuring that the rights of these students are protected.

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