Special Education Case Review : Review

Summary judgment for defendant-school district in an action in which plaintiffs allege that defendant violated the Individuals with Disabilities Education Act (IDEA) by denying plaintiff-minor a free appropriate public education (FAPE) in his least restrictive environment (LRE) is vacated and remanded, where: 1) the LRE requirement of IDEA applies to extended school year placements as it does to regular school‐year placements; 2) the district court erred in determining that defendant met the LRE requirement when it offered plaintiff-minor

IDEA 2004 defines FAPE as services that are provided at public expense, that the education meet educational standards, is appropriate for the child and conforms with the IEP (Murdick, 2014). In several cases judges have ruled on the bases of free and appropriate public education for all children. In Timothy(v) Rochester N.H. School District (1989) the judged ruled in favor of Timothy, as he stressed IDEA empathized “all handicapped”. In the Hendrick Hudson Central School District (v) Rowley the judged ruled in favor of an appropriate

This week’s readings discussed consequences for special education students. It was very interesting to see the different court case rulings for each case. Teachers, administrators and parents need to make sure they have everything accurate when taking a case like many of these to court. In this paper I will discuss the five key points in the articles and readings stood out to me the most, how and if my beliefs changed or were altered, and how I might apply the content to the classroom and instruction.

Williams is familiar with due to her experience teaching special education classes before becoming a principal. According to Mrs. William’s point of view, the Section 504 of the Rehabilitation Act is a way to formally document how the school meets the needs of students with a documented disability and provide protection to these students while they are in the public school system (Williams, personal communication, 2/3/17). One of the major premises of Section 504 is that it prohibits discrimination of any kind against a student of any disability. Students with disabilities cannot be excluded from participating or denied benefits or be discriminated against under any program receiving federal financial assistance (DOE, 2015). Students with disabilities such as hearing or vision impairment, learning disabilities, or emotional disabilities can receive teaching accommodations as well by using a 504 plan. This plan ensures that students with disabilities receive equal access to benefit from any needed educational aid, benefits or services. Students with disabilities are entitled to a free appropriate public education just the same as non-disabled students. They need to have the correct tools provided in order to access this education on the same level. These tools might include larger print books, enlargements of paper assignments, or even a personal monitor that is connected to the teacher’s workstation in order to better see the board work like the other students. Students with other disabilities are provided the resources they need to access their education as normally as possible. Additionally, students with behavior disabilities are given the protections they need to be able to have time to work on making improvements. For example, a student in 2nd grade that was recently placed on a 504 plan for an emotional disability which can manifest in violent, inappropriate behaviors has certain rights now. He has

Early national period, permits monitorial schools, religious organization, and free school societies to fill the space before state systems came about. Laws were given for a vast amount of sovereignty to be delegated to local school boards while financial support largely depended on local property tax (Pulliam & Van, 2013). With these conditions, it was normal for districts authorities to maintain power and more control by the state. Pulliam & Van (2013) stated back in the early national period, Henry Bernard and Horace Mann constructed their personal state school system without seizing the policy making power of boards of education. During the World War II, the customs of local autonomy have caused conflict with state legislatures. Currently, state governments and departments of education have a more vigorous role in teachers’ certification, creating lists of appropriate course materials and even directing the curriculum (Pulliam & Van, 2013). Multiple states

In 2004 the case of Deal v. Hamilton County Board of Education was coming to a close after reaching the United States Court of Appeals for the Sixth Circuit in Ohio. Within this essay, detailed examination of this case, along with issues that developed the case, disagreement points, parties involved, and final outcome will be explored. This case was initiated in 1999 and reached the U.S. Court of Appeals for the Sixth Circuit in 2004. The Individuals with Disabilities Act has given parents and caregivers to student’s unparalleled

The court’s found CIC to be a “related service” allowing Amber to have a special education. The Court of Appeals affirmed and accepted the District Court’s conclusion that state law permitted be required schools to hire trained personnel to help with the needs of handicapped children. This entitles an education for those children with special medical needs. “A service that enables a handicapped child to remain at school during the day is an important means of providing the child with the meaningful access to education that Congress envisioned (Eric).”

This case was a very significant ruling for special education evident with numerous studies positing that the ruling of this 1982 case was perhaps the most important special education decision by the Supreme Court and to this day, continues to have a profound effect on the education of students with disabilities. Additionally, this was the first time that the Supreme Court had to interpret portions of the Individuals with Disabilities Act (IDEA 1990), which was then the Education for All Handicapped Children Act (EAHCA) as it relates to what constituted a free and appropriate education (FAPE) in the least restrictive environment (LRE).

One of the current social policies in place that protect the rights of the Deaf and hearing impaired is the Americans with Disabilities Act. (The Americans with Disabilities Act, 1990 ) The ADA is a body of laws and policies that bans discrimination against those with disabilities. This includes the deaf and hearing impaired population. The ADA has four sections that cover: employment, public accommodations, government and telecommunications. In order to be compliant with the ADA, employers are compelled to inquire about the types of accommodation needs the deaf employee has so that they may work alongside others with the least amount of distractions or interruptions.

When the law was signed, new doors opened for the deaf and hard of hearing culture for a better opportunity in gaining equal rights. President Bush appointed four titles to protect deaf and hard of hearing people. In “The ADA and Deaf Culture” by Tucker, B. Title I, prohibits both public and private employers from refusing to hire or promote an individual because of his or her impairment and requires employers to provide reasonable accommodations for applicants or employees who are deaf or hard of hearing (Tucker 28). If a deaf or hard of hearing employee can pass the essential part of the job qualification, he or she is protected by the ADA to be hired. Also, the ADA prohibits employers to discriminate disabled people in means of recruitment, job applications procedures, pay rates, and promotions. The second title, Title II, “Requires all state and local government agencies to make all of their services accessible to individuals with disability” (NAD 22). This ensures people with disability to be able to participate in services, programs, and activities who can meet the essential eligibility requirements. Such places that must make these accommodations are schools, libraries, police and fire department, public hospitals, jails and prisons, motor vehicle departments, parks and

Artifact number four will review a scenario in which a seasoned high school principal refuses a disabled student education due to extraordinary expense and a view that the school might not be the best placement for Jonathan. The topics discussed all pertain to Individuals with Disabilities Education Act (IDEA), Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Cedar Rapids v Garret, Board of Education v Holland, and Timothy v Rochester. The facts that will be reviewed in this information will be discussed which could be used to defend Young’s decision, but make sure that Jonathan’s rights are not being stepped on.

The issue that I struggle with is the lack of proper special education in public schools. I think this is an issue that is seen locally as well as nationally. Inner city school students suffer the most with improperly trained staff, unqualified teachers, lack of supplies, and not enough money to fund the programs.

The main point of the whole article was to ensure a free appropriate public education or FAPE is provided to all students with disabilities who are eligible for special education service, and as well make sure the rights parents are protected by the Supreme Court. It mentioned that Supreme Court’s holding in Winklelman v. Parma Ciy School District that parents have independent, enforceable rights under IDEA (Individuals With Disabilities Education Act) has been hailed as both a victory for parental rights

Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education

Special education has faced many changes during the last century. During this time there have been many opinions on the way students with differences should be taught and treated. This paper will discuss the history of special education during the twentieth century. We will also discuss the laws associated with Individuals with Disabilities Education Act (IDEA). Finally we will discuss the current and future challenges that the laws have on special education.