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Special Education Case Study Essay

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Plaintiffs and Defendants

In this case study, the plaintiff would be the parents/guardian of the victim. The victim is labeled as special education student with cognitive disabilities and mental illness. The point of view the plaintiff is trying to make is they are suing the Board of Education for willful and wanton misconduct when they failed to supply another attendant for the bus knowing the assailant’s deviant sexual history and protective plan. The plaintiff also believes the act was a foreseeable situation based on the prior situations and knowledge of the assailant. In this case study, the defendant would be the Board of Education for this particular district. The point of view for the defendant is that they are pleading immunity under Section 4-102 of the Local Governmental and Governmental Employees Tort Immunity Act. The Board of Education also tried to claim immunity through Section
3-108 which is immunity for failure to supervise an activity on …show more content…

The students were pre-kindergarten students and were nonverbal. There were multiple reports that students in the class had been abused. Even though the warning signs were there the school district continued to let the teacher teach despite all of the warnings, complaints and evidence that the teacher was abusive. Another court case that supports the case stated above is Leeann Mitchell v. Cedar Rapids Community School District. This case was decided on June 21, 2013. In this case a mother of a special education student was sexually assaulted by another student after hours off-campus. The jury found that the school district was negligent and did not provide supervision of the special education student. The jury sided with the family on this case and believed that the school was responsible for what

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