The Individuals with Disabilities Education Act of 2004, has impacted disciplinary actions of students with disabilities. Before some of these procedures were implemented there are legal cases that impacted IDEA decisions such as the case, Honig, California Superintendent of Public Instruction V. Doe Et Al. The cases presented are significant to discipline of students with disabilities. They have impacted the procedures and are examples of disciplinary actions to not consider. Before a case can be taken to court the case must go through a due process. The article Analysis of Special Education Due Process Hearings in Texas focus on Texas our local area the issue discipline frequency is 11 and seen 7.86% of the stats were taken between 2011 …show more content…
Doe Et Al, No. 86-728. (1988), the case is about discipline actions of two student John Doe and Jake Smith. John Doe was a student with an emotional and behavioral disorder. Doe had difficulties controlling his impulses and anger. On November 6, 1980, Doe responder to taunts by choking the student with enough force to leave abrasion on child’s neck. While being escorted to principal’s office Doe kicked out a school window. The school’s punishment was a five-day suspension. The school extended his suspension until the proceeding for John to be expelled were completed. Doe’s parents sued the local school official and state superintendent of public education. Doe suit stated that the disciplinary actions violated the stay put provision. Doe reenter school on December 15, after 5 and half weeks and 24 days after his initial suspension. Jake Smith is a student with an emotional and behavior disorder. Smith was unable to control his verbal and physical outburst. Due to Smith’s esteem hyperactivity and low self-esteem he experienced academic and social difficulties even though had above intelligence. Smith was placed in a learning center for student who had behavioral and emotional disorder; but his grandparents believed he would better served in public school setting. During September 1979, Smith was enrolled at middle school with supervision and high structured environment. Smith displayed behaviors of stealing, exporting money, and make sexual comment to female students. The school suspendered Smith for 5 days due to his behavior. The school’s principle recommended Doe be expelled and further referring his situation to Student Placement Committee. On November 28, Smith counsel protested these actions since they were identical to Doe’s; SOC canceled the hearing. Smith was returned to half day program or was able to have home tutoring.In Doe’s case the District Judge granted the request injunctive relief. It was
2.Facts: This case was originally presented before the district court of Colorado in 1993 on behalf of the parents of Gregory Urban, a seventeen-year-old teen with severe mental disabilities. Gregory and his parents moved to Evergreen, Colorado in 1991. The parents wanted Gregory to go to Evergreen High School but the school district placed him at Golden High School where he participated in support services for children with severe disabilities. The support services at Golden High School were not available at Evergreen High. After the development of Gregory’s IEP his parents voiced objections to what they believed constituted violations of Gregory’s right to a free and appropriate public education. These violations included placement of Gregory outside his neighborhood school and failure to stipulate transition services in his IEP. After initially participating in the IDEA administrative process the parents filed a case with the district court claiming the school district violated Gregory’s rights under IDEA and ADA. The court ruled in favor of the school district by rejecting
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
The proposed expulsions and suspensions from their disability behaviors deprived them of their right to a free and appropriate public education in accordance to the EHA. The Judge ordered the school district from making other disciplinary acts other than a two-to-five-day suspension against any disabled child for disability-related behaviors and ensured that the “stay-put” provision would be in place and no student would be removed. This went to the Ninth-Circuit appeal where the previous decision was affirmed and modified to allow up to a ten-day suspension.
Nappi court case went to trial in the district court. The court found that ruled in favor of the plaintiff, which was Kathy Stuart. The judge explained that expulsion would reject Stuart from a free and appropriate education guaranteed to special education students in the Individuals with Disabilities Act (IDEA). The expulsion of handicapped children not only jeopardizes their right to an free and appropriate education, but it is also inconsistent with the procedures established by the Handicapped Act for changing the placement of disruptive children. Leagle (1985). STUART v. NAPPI (610 F.Supp. 90). Retrieved from http://www.leagle.com/decision/1985700610FSupp90_1677/STUART%20BY%20AND%20THROUGH%20STUART%20v.%20NAPPI. The court said that expelling students with disabilities will limit their availability to an education in the least restrictive environment. However, the court did rule that school officials could substitute an expulsion with suspension when dealing with a student who met the criteria to be covered by the Individuals with Disabilities Act (IDEA). In fact, the court ruled that a school district could suspend a student from school for a maximum of only ten days. The court also determined that a school district could also hold a meeting to change the placement of the student if a more restrictive environment was needed. First, school authorities can take swift disciplinary measures, such as suspension, against disruptive handicapped children. Secondly, a (special education committee) can request a change in the placement of handicapped children who have demonstrated that their present placement is inappropriate by disrupting the education of other children. The Handicapped Act thereby affords schools with both short-term and long-term methods of dealing with handicapped children who are behavioral problems. Casetext (1978). STUART V. NAPPI, (D.CONN. 1978). Retrieved from
Based on the information provided in case 8, Crashing Planes and Tranquil Dreams, Richard is a 4 years old boy, who is experiencing challenging behaviors at school, as well as at home. Richard lives with both parents, and two older brothers. Richard has been attending the YMCA’s full-day preschool program for the past 2 years. He is described as a “good kid” by parents and teacher, however, he is constantly active, impulsive, and frequently becoming involved in conflicts with adults. Parents are continuously working, and as mentioned in this case, they have to spend most of the time at home yelling at Richard or putting him in time-out as part of his consequences for not listening or misbehaving.
These cases and due process standards allow for a protection of students within the school, and ensure that student’s constitutional rights do not stop at the schoolhouse gates. Moreover, these cases ensure that administrators are running schools in a manner that is fair and consistent, and not arbitrarily disciplining students without due process. I think they provide for an efficient school because students will understand what they are being disciplined for, and have the ability to engage in a defense of the...
In document D the court sided with the students, but the students must serve ten days, but the ten day suspension will not be shown on their records. It must pose a threat, there was no threat so they sided with the students.In document C, the school suspended the student, but that was because the student caused a threat against the targeted student, S.N. If the student did not target S.N. and say the students name and harm her directly then there would probably be no suspension.J.S created a MySpace profile (“the profile”) making fun of her middle school principal, James McGonigle. The profile did not name the principal or his school, but did include a photo of him and contained some vulgar and offensive language.J.S. did not name the principal or the school, she did not directly target the principal even though a photo of the principal was on the page.This evidence helps explain why schools should not limit students’ online speech because it didn 't cause a substantial disruption.
Disproportionate identification of minority students in special education is a major concern in schools today. This paper describes the issues in the assessment process with minority students and how we have arrived at a situation where minorities are being misdiagnosed into special education programs. Additionally, several legal cases are mentioned which show numerous actions and rulings that have tried to correct the disproportionate identification in special education. Some of the legal cases discussed include Larry P. v Riles, Diana v. State Board of Education, and Guadalupe v. Tempe Elementary School, which all significantly impacted special education today. Additionally, the Individual with Disabilities Education Act has enforced that minority groups must receive an equal education in the least restrictive environment possible. It is our duty as teachers and citizens to abide by these laws and find different ways to assess and correct the disproportionality of minority groups that exists today.
The Gaskin Settlement Agreement is an agreement between a group of families and advocacy organizations who filed a class action lawsuit against the Pennsylvania Department of Education (PDE) on behalf of a group of children with disabilities in 1994. This agreement does not change a student’s placement, program, or IEP in any manner. Only the IEP team has the authority to make modifications that will impact a student’s IEP. The main goal of this settlement is to make sure that IEP teams will determine if the goals in a student’s IEP may be implemented in a general education setting with supplementary aids and services prior to considering an environment that is more restrictive in nature. The elements of this case were designed to help increase the capacity of school districts to provide related services, SDI that is appropriate, supplementary aids and services, and supports to students who have disabilities that are placed in general education classrooms. The PDE lists many important elements of the Settlement Agreement to be aware of...
The defendant Rachel Holland was at the time a nine-year old girl with an intellectual disability with an I.Q. of 44 and an academic functioning level of a four-year old child. Rachel was described as being well behaved and popular with her second grade classmates. She enjoyed school and was motivated to learn. The plaintiff Sacramento Unified School District proposed to educate Rachel half time in a special education class, and half-time placement in a regular classroom. Rachel’s core classes such as Reading and Math services would be rendered in a special education class and classes such as PE, Music, Lunch, and Recess would be rendered in a general education classroom. Rachel’s Individual Education Plan (IEP) stressed language and communication goals such as speaking in four or five word sentences, initiating and terminating conversations, verbally stating name, developing twenty-four word sight vocabulary, counting to twenty-five, and printing first and last
National Dissemination Center For Children With Disabilities (2010). Applying Discipline Rules to Students with Disabilities. Retrieved from http://nichcy.org/SchoolsAndAdministrators/Pages/discipline.aspx
A golden age by definition means periods of great wealth, prosperity, stability, and cultural and scientific achievement. During these periods of times, civilizations experience economic success, creations of inventions, arts and cultural and intellectual achievements. An example of one of these civilizations that experienced a Golden Age was the Gupta Dynasty. The Gupta Dynasty was a civilization that ruled the Indian peninsula and lasted from 320 CE to 550 CE. Its social and political structure was influenced by Hinduism. The Golden Age of the Gupta Dynasty in India took place between the 4th century and 6th century. Achievements made by Indians in fields of mathematics, astronomy, sculpting and painting during the Gupta Empire, contributed
Students with disabilities are far too frequently isolated and separated from the education system (Johnson). They are often provided a diluted, inferior education and denied meaningful opportunities to learn. There are many education rights for children with disabilities to protect them from discrimination, giving them a chance for equal opportunity to learn what other students are expected to learn.... ... middle of paper ... ...
Writing this final essay for this course one is able to reflection on the knowledge one has gained since the beginning of the course. This course has been affective and the benefits are using the information immediately to correct mistakes and grow in the profession. After interviewing attorneys and director’s special in the education program the reality of how important following the regulations are important and must be followed. As a special educator one is more prepared and ready to provide a first rate education. Everyone who works with special needs students should be prepared and understand the law taking a class in Law and Litigation is recommended.