Key Assessment

Running Head: SPECIAL EDUCATION CASE STUDY

Final Project: Special Education Law Case Study

Nilajah Nyasuma Sims July 10, 2022

Dr. Carl Valdez EDU 3340: Special Education Law

SPECIAL EDUCATION CASE STUDY

Child: Parker Cuff, a student attending City Neighbors Charter School, is seven years of

age. She is the daughter of two loving parents and the older sister of five-year-old

Alex Cuff. Parker was born in Washington, D.C. but moved to Baltimore, MD

when her mother was relocated for work. Parker loves reading, coloring, and

playing on her tablet. Prior to enrolling in City Neighbor’s Charter School,

Parker completed kindergarten in Washington, D.C. at her neighborhood high

school. She did not attend day care as her maternal grandmother provider her

care until she was able to enroll in school. Parker experienced some challenges

adjusting to her new school and often notes that she misses her old teacher,

friends, and home. She seems to enjoy learning new things and rarely misses

class.

Strengths: Parker enjoys completing mathematics worksheets. She also enjoys helping her

classmates figuring out how to solve problems that they do not understand. She

is a kind and loves to smile.

Weaknesses: While Parker enjoys story time, she is seemingly having difficulty spelling words

and writing her name in a recognizable manner. She enjoys counting and playing

with math manipulatives but seems to struggle when she is asked to write on her

own.

Family: Parker’s father owns a small home improvement company. Her father attended

college for one year before leaving school to pursue a certification in Heating,

Ventilation and Air Conditioning (HVAC). Parker’s mother earned a doctorate in

educational leadership from Howard University and currently works in a

SPECIAL EDUCATION CASE STUDY

Baltimore City Highschool overseeing Career and Technical Education. Parker’s

father enjoys reading his children bedtime stories and her mother clearly works

with her at home. He mom has created a set flash cards to help Parker with her

phonemic awareness and has also purchased many handwriting workbooks so that

she can practice her handwriting at home. Parker’s younger brother Alex is also a

student at City Neighbors. Alex is an alert child who enjoys math and science

activities but become frustrated with read and writing lesson plans. City

Neighbors employs a tiered approach to education students with learning

disabilities or special needs.

Functioning: Parker’s mother has expressed a concern that while Parker enjoys being read to at

home and enjoys story time at school, she seems to be struggling to recognize

sounds and struggles with spelling. Parker’s mother requested a meeting with the

general education teacher and the reading specialist to determine how she and her

husband could support Parker at home. The parents have indicated that they

would like to work with Parker for an entire quarter to determine if at home

supports would help her become more proficient in reading. Parker’s father

requested the school’s assistance in locating a tutor. Both parents have noted that

if they do not see progress by the second quarter, they would request a formal

evaluation to see if Parker has a learning or intellectual disability. Parker is

currently on Tier 1 as she is being educated in the general education classroom

with a teacher who employs Differentiated Instruction (DI) and Universal Design

for Learning (UDL) approaches.

SPECIAL EDUCATION CASE STUDY

Evaluation: Following the initial meeting with the parents and general education teacher, it

was determined that Parker would benefit from a weekly group intervention

sessions with the Reading Specialist and two other students lasting 30 minutes

each. As such, Parker has advanced to Tier 2, and receive targeted instruction

Parker participated in this intervention for one full quarter and did not show much

improvement in reading. Consequently, Parker’s parents requested that an initial

evaluation be conducted as soon as possible. While the Individual Education

Program (IEP) Team awaits the results, Parker was elevated to Tier 3 and

deemed eligible for an IEP because of her specific learning disability in reading:

Dyslexia.

Definition: According to the Maryland State Department of Education, Specific Learning

Disability (SLD) refers to “a disorder in one or more of the basic psychological

processes involved in understanding or in using language, spoken or written, that

may manifest itself in the imperfect ability to listen, think, speak, read, write,

spell, or do mathematical calculations, consistent with Maryland State

Department of Education (MSDE) criteria” (Maryland State Department of

Education, nd).

Dyslexia is a SLD that is “neurobiological in origin and characterized by

difficulties with accurate and/or fluent word recognition and by poor spelling and

decoding abilities” (Decoding Dyslexia Maryland, nd).

Causes: According to the literature, the exact cause of dyslexia is unknown. However,

the International Association of Dyslexia has noted that the brain images of

individuals with dyslexia differs from that of an individual not experiencing this

SPECIAL EDUCATION CASE STUDY

SLD. It is important to note that people experiencing dyslexia are not

intellectually inferior or lacking motivation to learn (Moats and Dakin, 2012).

They, instead, have challenges with decoding speech sounds and determining

how letters represented associated sounds. Thus, creating a difficulty while

learning to read.

Prevalence: The Yale Center for Dyslexia and Creativity (2017) indicates that dyslexia is the

most common learning disability of all the cognitive disorders. Numerically

speaking, 20 percent of the population is affected by dyslexia ((Moats and Dakin,

2012). This cognitive disability impacts 13-14% of the school age population

(Moats and Dakin, 2012).

Diagnostician: Educators can evaluate a student for Dyslexia by examining progress reports and

conducting brief test. Moats and Dakin (2012) note that the purpose of the brief

screening tests is to determine if a student is below a national benchmark. If the

student falls below the established benchmark, he or she should receive

individualized and intensive reading instruction (Moats and Dakin, 2012). If the

students do not respond to the intervention, a comprehensive evaluation can be

ordered. This evaluation is conducted by a trained school or external specialist

and will assess language skills related to dyslexia including phonemic awareness,

phonological skills and listening and expressive language skills (Moats and

Dakin, 2012).

Intervention: Parker will receive small group instruction for thirty minutes at least two times a

week. If necessary, Parker will be assigned an aide to work alongside her in the

SPECIAL EDUCATION CASE STUDY

general education classroom. Since dyslexia is not related to cognitive deficiency,

Parker will more than likely respond favorably to the

Technology: City Neighbors Chapter School has a contract with Lexia Learning to provide the

use of Assistive Technology in the classroom to students. Parker will be exposed

to Core5 of Lexia Learning and will access the program each week to track

progress and record assessments.

SPECIAL EDUCATION CASE STUDY

Chapter One: Journal Entry

Chapter One provides an overview of how the American legal system was used

in education in order to protect the rights of children with exceptionalities.

This Chapter also outlines how the law impact how special education is delivered

to students with disabilities. According to Yell (2019) constitutional law,

statutory law, regulatory law, and case law comprise the four sources of law. It

is important to note that these sources operate at the federal and state level.

In the 70s, many states had laws that blocked children with disabilities from

receiving a free public education. For example, in Washington, D.C. a class

action lawsuit was filed in the District of Columbia Public School system on

behalf of 7 students with special needs in 1972 (Yell, 2012) These children had

been denied the right to free public education. Students with special needs in

Philadelphia were also being discriminated against (Yell, 2012). It has been

noted that that the Pennsylvania Association for Retarded Citizens (PARC) was

the first serious challenge to laws that discriminated against children with

disabilities.

The court rulings in both the aforementioned cases acknowledged that children

with disabilities had the right to be educated (Yell, 2012). As a result of

litigation in the Mills v. Board of Education and PARC v. The Commonwealth

of Pennsylvania, Congress passed legislation to ensure that the rights of

children with disabilities to be educated was protected and enforced (Yell,

2012).

SPECIAL EDUCATION CASE STUDY

Case Application: Parker Cuff and her family have the right to receive a Free

Appropriate Public Education. This right has been granted based on various

federal laws including the Individuals with Disabilities Education Act (IDEA).

While this act has been reauthorized numerous times, its aim remains to ensure

that all students. attending public schools in the United States of America,

regardless of ability are properly educated. Since Parker is being educated in

Maryland Public Schools in the year 2022, she is the beneficiary of hard-won

legal battles at the local level that translated into federal legislation that

guarantees her access to an education responsive to her unique needs.

Chapter Two: Journal Entry

Chapter 2 focuses on Legal Research. Educators may be called upon to conduct

legal research in the courses of their responsibilities. Legal research is the process

of finding laws that govern activities in our society.

Understanding legal research will come in handy for those educators who are

delivering instruction and designing curriculum for those with disabilities. Being

adept at conducting legal research is also essential for those who teach in the

general education classroom because federal law requires that students with

disabilities are educated in the Least Restrictive Environment (LRE).

According to Chapter 2, there are three kinds of primary source materials: (1)

statues or state and federal laws, (2) regulations, and (3) judicial decisions (Yell,

2019). Secondary sources include legal dictionaries, legal encyclopedias and

newsletters/legal blawgs (Yell, 2019).

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The field of legal research is important in the field of education and for future

educators because understanding Federal Statutes, Federal Regulations, and State

Statutes and Regulations will ensure that educators are aware of laws and

regulations relevant to this or her work. Understanding legal research and being

able to read, understand and summarize pertinent laws will also be of particular

importance to special educators. The rights of students with disabilities had to be

protected and litigated by Federal Case Law and Congressional Legislation. As

such, it is vital that educators understand the legal context in which education

must be delivered.

Case Application: In the case of Parker, conducting legal research is necessary to

ensure that state laws support external interventions and supports that will be

necessary to implement the IEP. Educators who fail to understand and or properly

interpret the state and federal laws that affect how they educate students with

disabilities increase the likelihood their school districts will face litigation.

Chapter Three: Journal Entry

Chapter Three provides a comprehensive summary of the History of the Law and

Children with disabilities. Yell (2019) summarizes how poignant legal cases have

provided a framework for the current laws that guide the delivery of special

education in the American educational public school system. More specifically,

this chapter notes that children who were identified as disabled had historically

been denied access to an education. Historically, children with physical or

SPECIAL EDUCATION CASE STUDY

intellectual disabilities were at one time suspended and expelled from school.

Presently, this kind of discrimination is prohibited by federal, state, and local laws

governing public education.

Parental advocacy has also been crucial to the advancement of special education.

For example, the following organizations: The Council for Exceptional Children,

the National Associated for Retarded Children (now ARC) and the Association for

Persons with Severe Handicaps have historically contributed greatly to research,

policy, and advocacy for individuals with disabilities.

The following federal acts have defined how special education is delivered: the

Elementary and Secondary Education Act of 1965, the Education of the

Handicapped Act of 1970, Section 504 of the Rehabilitation Act of 1973, the

Education Amendments of 1974, the Education for All Handicapped Children Act

of 1975, the Handicapped Children’s Protection Act of 1986, the Education of the

Handicapped Amendments of 1986, the Individuals with Disabilities Education

Act of 1990, the I D E A Amendments of 1997, the No Child Left Behind Act, the

Individuals with Disabilities Education Improvement Act of 2004, and the Every

Student Succeeds Act of 2015.

One of the most enlightening aspects of this chapter, for me, was the impact that

the Civil Rights Movement had on the movement for educational quality for

students with disabilities.

Case Application: If Parker were a student in 1962, she would have been denied

access to a public education because of her dyslexia. The history of law as it

relates to dealing with children with disabilities is rife with examples of

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exclusionary practices. However, seminal cases brought on by strong examples of

parental involvement have paved the way for Parker’s parents to advocate for her

to ensure that she receives services necessary to help her overcome the challenges

she is facing as a student experiencing dyslexia. Because of the IDEA, Parker is

living in a society where she can receive support in the general education

classroom as well as individualized services at no cost to her or her family.

Chapter Four Journal Entry

Chapter Four explores the Individual with Disabilities Education Act (IDEA).

Yell (2019) notes that the IDEA was enacted to “assist states in meeting the

educational needs of students with disabilities by providing federal funding to

support state efforts'' (p. 56). An individual who is classified as a student with a

disability is entitled to procedural protection under the law and are therefore

entitled to receive individualized educational services.

The 13 disability categories recognized by IDEA are as follows: (1) Autism; (2)

Deaf-blindness; (3) Deafness; (4) Hearing impairment; (5) Intellectual disability;

(6) Multiple disabilities; (7) Orthopedic impairments; (8) Other health

impairment; (9) Emotional disturbance; (10) Specific learning disability; (11)

Speech or language impairment; (12) Traumatic brain injury ; and (13) Visual

impairment, including blindness.

There are four parts of IDEA: Part A: General Provisions, Part B: Assistance for

education of all children with disabilities: Part C: Infants and toddlers with

disabilities and Part D: National activities to improve education of children with

disabilities. Part A is concerned with defining terms which are used in IDEA.

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Part B. outlines information that states must provide conveying how they will

provide a Free and Appropriate Public Education (FAPE) to children with

disabilities living in Maryland. Part C is concerned with categorical grants that

states received if they adhere to state law as it relates to developing and

implementing intervention services for infants and toddlers (Yell, 2019).

Case Application: IDEA ensures that Parker receives all the services for which she

is eligible because of her dyslexia. Under IDEA, dyslexia is considered a

specific learning disability and therefore entitles Parker to procedural protection

under the law. As such, an IEP for Parker will be developed and implemented.

This IEP will include information on specific instructional support strategies and

the accommodations necessary to address Parker’s educational needs because of

her dyslexia. Parker’s parents would be protected by federal and state laws that

allow them the right to request if Parker is dyslexic.

Chapter Five Journal Entry

Chapter Five focuses on Section 504 of the Rehabilitation Act of 1973. Section

504 is a critical nondiscrimination law which was included in the Rehabilitation

Act of 1973. The section ensures that individuals with disabilities are protected

from discrimination in a manner like people from discrimination based on race

and sex as per Congressional guidelines. Thus, Section 504 has been deemed a

“civil rights mandate” (Yell, 2019). This mandate protects any individual with a

physical or mental impairment that limits one or more major life activities (Yell,

2019). This individual may have a record of an impairment or be regarded as one

who has such an impairment (Yell, 2019).

SPECIAL EDUCATION CASE STUDY

Section 504 requires that public school officials not discriminate against persons,

including students, staff, teachers, and parents, with disabilities. By definition,

discrimination is the “unequal treatment of qualified persons solely on the basis of

their disability” (Yell, 2019).

Schools can unintentionally discriminate against persons with disabilities by: (1)

not offering physical access to programs or facilities; (2) applying a double

standard when determining one’s eligibility for participation in extracurricular

activities; or (3) not ensuring that regular classroom instruction meets the needs of

students with disabilities in the manner that said instruction is responsive to the

needs of student without disabilities (Yell, 2019).

Case Application: Parker and her relatives will be protected from discrimination

under Section 504 as are all individuals in the school building are. However,

since she is on an IEP, she does need to have a Section 504 plan. The Section 504

plan provides accommodations to students with a disability that substantially

limits one or more of their major life activities. Conversely, the IEP offers a

specialized program of instruction to individuals who are identified as having

educational disability.

Chapter Six Journal Entry

Chapter 6 focuses on the origins of the Americans with Disabilities Act. This

also describes the purpose and structure of ADA. Eligibility under ADA is

explored, and the responsibilities of school districts are outlined.

Yell (2019) notes that the purposes of ADA are to: “provide a clear and

comprehensive national mandate for the elimination of discrimination against

SPECIAL EDUCATION CASE STUDY

individuals with disabilities; offer a strong, consistent, enforceable standards

addressing discrimination against individuals with disabilities; ensure that the

federal government plays a central role in enforcing the standards established in

the Act on behalf of individuals with disabilities; and invoke the sweep of

Congressional authority, including the power to enforce the 14th Amendment and

to regulate commerce, in order to address the major areas of discrimination faced

day to day by people with disabilities” (p.122).

It is instructive to note that school officials must be aware of how the court

interprets and applies the ADA to the school setting. To this end, to prevent

litigation, school district leaders must appoint an ADA compliance coordinator,

conduct self-evaluation, correct any deficiencies (outlined in a transition plan),

not discriminate, and make reasonable accommodations for individuals with

disabilities (Yell, 2019).

Case Application: In Parker Cuff’s case, the ADA will ensure that she, nor any

member of her family, is discriminated against while attending or accessing public

education services. If Parker does not show improvement as it relates to her

dyslexia, the ADA will follow her if she decides to attend college, enter the

workforce and the society as a whole. Having dyslexia, which is a documentable

disability, any school that Parker attends will have to make reasonable

accommodations for her.

Chapter Seven Journal Entry

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Chapter Seven describes how the Every Student Succeed Act (ESSA) of 2015 was

developed. This chapter also details the purpose and goals of the ESSA. America

is a federalist nation. As such, the federal government has also played a pivotal

role in defining how public schools deliver education. While the federal

government funds education at the local level, it relies on states to deliver

curriculum and instruction. For example, the ESSA prevents the US Secretary of

Education from mandating that states to adopt a specific set of educational

standards

Yell (2019) notes that the prime purpose of the ESSA was to “ensure that students

in all public schools achieved important learning goals while being educated in

safe classrooms.” Another important purpose of ESSA, like the No Child Left

Behind (NCLB) Act was to close achievement gaps amongst those from

disadvantaged racial, economic and ability backgrounds.

The following federal acts that predate the ESSA have defined how education is

delivered in the US: The Elementary and Secondary Education Act (E S E A) of

1965, The Improving America’s Schools Act of 1994, The No Child Left Behind

Act (N C L B) of 2001; The American Reinvestment and Recovery Act of 2009.

Case Application: The ESSA has implications for Park and her family. Parker,

because of her experience with dyslexia, is eligible receive services under IDEA.

For example, because Parker is dyslexic, she is eligible to receive accomondation

when taking the statewide assessment in Maryland.

SPECIAL EDUCATION CASE STUDY

These accommodations must be in line with state guidelines relating to the use of

accommodations. Furthermore, these accommodations must not impact the

validity of the test results. The IEP team is authorized to determine if a student

will be permitted to take. Statewide assessment with accommodations, take the

exam with state-sanctioned accommodations or an alternative exam altogether

(Yell, 2019).

Chapter Eight Journal Entry

Chapter Eight details the free appropriate public education (F A P E) mandate of

the Individuals with Disabilities Education Act (Yell, 2019). FAPE is provided to

students with disabilities at public expense, under public supervision and

direction, and without any charge to children or their parents (Yell, 2019). The

FAPE mandate ensures that education is free, public, and appropriate.

Furthermore, the FAPE mandates exists to ensure that education for individuals

with disabilities complies with state standards and includes parent participation.

Litigation in federal and state courts regarding FAPE is aplenty. In fact, the

Supreme Court, in 1982 decided the meaning of the mandate to provide a free

appropriate public education. There were other procedural issues related to the

implementation of FAPE that had to be decided judicially. From the various

court decisions and legislation, the following principles emerged: (1) parents must

be engaged as partners in the IEP Process; (2) administrators, teachers, and staff

must be adequately trained so that they are equipped to fulfill their responsibilities

under the IDEA; (3) IEP’s must be developed in a manner that is legally sound

and educationally meaningful; (4) ensure that students with disabilities are

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granted access to the general education curriculum; (5) place students in the least

restrictive environment; and (6) ensure that the IEP is fully implemented as it

written (Yell, 2019).

Case Application: I found that several of the principles that emerged from

litigation and legislation apply to the case of Parker Cuff and her family. For

example, Parker’s parents are highly engaged in her education. Parker’s mother is

a career educator who made a concerted effort to find her children public schools

that are high performing. One of the principles encourages that parents be fully

integrated into the IEP Process. In addition, based on the interventions developed

in response to Parker’s dyslexia, she is also being given full access to the general

education curriculum.

Chapter Nine Journal Entry

Chapter 9 explored Identification, Assessment and Evaluation as it relates to

special education. Yell (2019) advises that as a requirement of the IDEA a student

must be assessed or evaluated prior to being assigned to a special education

program. It stands to reason that before educators can properly develop and

implement interventions, they must first evaluate and assess the student to

determine how to move forward.

An assessment or evaluation seeks to determine if a student has a disability

recognized by IDEA if special education and related services must be delivered

because of the student’s disability and how the student’s needs will be met in the

context of the IEP. Yell (2019) notes that the assessment process is extremely

important as it is what guides the delivery of a FAPE.

SPECIAL EDUCATION CASE STUDY

By definition, assessment refers to the processing of “collecting data, work

samples, observations, interviews, and screenings” (Yell, 2019, p. 196).

Assessments in special education allows the IEP team to make informed decisions

related to prereferral classroom, entitlement, programming, and

accountability/outcome (Yell, 2019).

The assessment and evaluation process begins when the teacher refers a student to

the school’s multidisciplinary team (MDT). The MDT reviews the referral to

determine if an assessment is necessary. Once the MDT decides that assessment

is necessary, they contact the student’s parent or legal guardian to acquire

permission. Once the parent/guardian provides written consent, the evaluation

process begins.

Assessments must follow procedural and substantive requirements. Procedural

requirements focus on gaining consent, ensuring parental participation, the use of

proper assessment tools and standardized tests. Proper procedures must also be

followed regarding the assessment process, statewide assessments, the IEP, and

reevaluation (Yell, 2019).

Substantive requirements refer to “a thorough and individualized assessment that

(a) addresses all areas of a student’s needs, (b) was conducted by knowledgeable

persons, and (c) results in the development of an I E P that enable a student to

make progress appropriate in light of the student’s needs will meet the substantive

requirements of the law” (Yell, 2019, p.201).

Case Application: Parker has been referred for evaluation to determine if she has

dyslexia. In her case, her parents provided consent and was engaged in the pre-

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assessment stage. Both of Parker’s parents are highly involved and are committed

to ensuring that she receives a quality education. Because of the guidelines and

laws governing special education assessment, Parker must be evaluated by

someone who is qualified to assess her specific issue using assessment tools that

proven to be reliable and valid.

Chapter Ten Journal Entry

Chapter Ten outlines the Individualized Education Program. More specifically,

this chapter reviews the IEP mandate in the IDEA and the regulations that govern

how this mandate is implemented. This Chapter also highlights the purposes of

the IEP and the procedures used to develop an IEP.

The purposes of the IEP are to ensure communication and collaboration between

the parents and the IEP Team. The IEP is developed because of communication

and collaboration between school personnel and the student’s family. The IEP

also serves as a tool to manage the implementation. The procedures in place to

guide the IEP help with the management of determining and delivering the

services needed to deliver special education and the IEP allows for management

of the resources the student needs.

Accountability is another purpose of the IEP. Schools are held accountable for

implementing the IEP as written. Schools are expected to follow the IEP as it

relates to providing special education services and related services. If any

changes need to be made, the IEP team is also held accountable for making

necessary changes to the plan. It is important to note that while the schools are

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held accountable for the IEP, it is not a contract guaranteeing that a student will

reach every goal outlined in the plan (Yell, 2019).

Another purpose of the IEP is to ensure that schools are complying with state and

federal guides in the delivery of special education services. To ensure

compliance, the IEP process is monitoring. Thus, the IEP may be inspected at any

time to ensure that the school is delivering services as outlined in the written plan.

The IEP serves as an evaluative tool. The IEP lists annual goals that are used to

measure student’s progress. For the IEP to be an effective evaluation tool, the

IEP team must develop goals that are measurable and describe how said goals will

be reported for measuring purposes (Yell, 2019).

Case Application: Parker will likely be placed on an IEP given her challenges

with dyslexia. Her current assessment results are pending. However, when the

time comes for the development of this plan, Parker’s parents will be included in

the initial evaluation to ensure that there is an open line of communication

between the school team and the parents. This meeting will foster collaboration.

Parker and her family will also benefit from the compliance and monitoring

features of the IEP once her plan is developed. She and her family can be assured

that her progress toward annual goals will be consistently measured.

Chapter Eleven Journal Entry

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Chapter 11 focuses on the mandates regarding Placing Students in the Least

Restrictive Environment (LRE). IDEA mandates that, if appropriate, students

with disabilities be educated in settings with children without disabilities (Yell,

2019). Educators also refer to practice inclusion or mainstreaming.

Yell (2019) asserts that The LRE mandate of the IDEA is a congressional

preference that requires the integration of students with special education needs

into the mainstream classroom. There are two components of the LRE mandate:

(1) students with disabilities are required to be taught alongside students without

special needs where possible and (2) removing students with disabilities from

integrated classrooms should only occur when a student’s special needs are severe

such that the student could not receive appropriate education using supplementary

aids in a mainstream classroom environment (Yell, 2019).

While IDEA promotes the inclusion of students with disabilities in the

mainstream classroom, the regulations are sensitive to the reality that including a

student with special needs in an integrated classroom is not always ideal or

possible. As such, this mandate acknowledges that using a restrictive setting may

be required. In this case, there is a continuum of IDEA regulations that allow for

a variety of alternative placement options. This continuum seeks to provide a

rubric by which to determine which educational placements for students are

congruent based on individualized needs.

Case Application: In Parker’s case, the team has determined that it may be

inappropriate for her to be educated in the general education classroom

environment. Parker, as a student with an SLD, needs assistance developing

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basic reading skills. She has primary impairment with respect to single word

decoding and phonological awareness. As such, Parker will receive services from

a reading interventionist. However, to address her specific needs, she will also

have the assistance of a reading aide during her time in the general education

classroom for other subjects like Math and Social Studies. She will also receive

priority seating.

Chapter Twelve Journal Entry

The IDEA outlines the substantive and procedural rights that the US Congress put

in place for students with disabilities. As previously stated, the substantive rights

focus on the delivery of the FAPE for students in special education. Procedural

rights refer to the rules that must be followed by school personnel when planning

and implementing a FAPE to students receiving special education services. One

of the cornerstones of IDEA is the requirement that parents, and school officials

work in partnership when determining the educational needs of the students

receiving special education. The seven procedural safeguards outlined in IDEA

center around proper notification, gaining informed consent, the right to inspect

records, the protection of children’s rights when parents are indisposed, the right

to an independent evaluation, mediation, and the right to a due process hearing.

It is also important to note that if a disagreement arises over any of the

components related to the identification, evaluation, placement or any facet of the

FAPE delivery plan, a parent or legal guardian is entitled to request a due process

hearing (Yell, 2019). At the due process hearing, the opportunity to resolve any

conflict is provided by airing any issues before a hearing officer. The due process

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is time consuming and costly. Therefore, voluntary mediation is encouraged prior

to engaging in this process.

If matters cannot be resolved with volunteer mediation, parents or school districts

may elect to go to court. Typically, parents initiate court proceedings to make

school districts deliver the special education services their children are entitled to

by law (Yell, 2019). If it is determined, during court proceedings, that a school

district violated any procedural guidelines set forth in IDEA or Section 504, the

judge may order relief to families to compensate for these violations. Yell (2019)

notes that this relief can come in the form of reimbursements for tuition or

attorney fees. Punitive damages are available under IDEA; however, courts shy

away from granting this type of relief (Yell, 2019).

Case Application: Since Parker is early in the process, there is no evidence that

any procedural guidelines have been violated. In fact, school personnel have

followed the guidelines outlined in Section 504 and IDEA. More specifically, the

team works diligently with Parker’s family to provide her with the

accommodations necessary to address the impairments she is experiencing related

to reading difficulties. The school staff did so with our discriminating against

Parker, her family, or the school staff. In addition, the team worked to involve the

parents in the planning process as well as gaining informed consent prior to

proceeding with the assessment and evaluation to determine if Parker has

dyslexia.

Chapter Thirteen Journal Entry

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Prior to the IDEA Amendments of 1997, specific guidelines related to how

students with special needs are disciplined were not outlined in federal law. As

such, school personnel relied upon decisions articulated by agencies like the

Office of Civil Rights or the OSEP and case law (Yell, 2019).

The law dictates that students with disabilities are not exempt from discipline.

School officials may institute disciplinary procedures for students with disabilities

including detention, reprimands, or restricting privileges (Yell, 2019). Special

education students may also receive an in-school suspension while continuing to

provide educational services, or an out-of-school suspension (lasting no more than

10 days) barring that these sanctions are not imposed in a discriminatory fashion

(Yell, 2019). School leaders must, however, make sure that any disciplinary

action taken does not change a student’s special education placement. Any

changes in placement that occur as a result of disciplinary action must be

performed in a manner consistent with the procedural safeguards outlined by the

IDEA and Section 504 (Yell, 2019). More specifically, prior to implementing a

suspension lasting over ten days or expulsion, school leaders must hold a meeting

with the IEP to determine whether the student’s disability had any bearing on the

infraction the student committed (Yell, 2019). If the IEP Team determines that

there is a connection between the two, the student cannot be placed on a long-

term suspension or expelled. School leaders must follow procedural guidelines if

an expulsion is warranted and be sure to continue some educational services. To

exclude a student from school, a school district is required to go to court to

request a temporary restraining order (TRO),

SPECIAL EDUCATION CASE STUDY

All students attending US public schools are afforded due process rights when it

comes to discipline, and students with disabilities are provided additional

protections under the IDEA (Yell, 2019).

Before exacting disciplinary measures upon students receiving special education

services, educators must research state and local policies. School officials must

also keep parents in the loop as it relates to approaches to discipline. And these

disciplinary policies must be regularly evaluated to ensure effectiveness (Yell,

2019).

Case Application: Parker does not engage in misbehavior during the school day.

She is well-mannered and complies with all her teacher’s request. School staff,

however, has provided the Cuff family with information related to disciplining

students with special needs. And members of the school’s disciplinary and IEP

Teams receive regular professional development and training related to discipline

and procedural safeguards in place under IDEA.

Chapter Fourteen Journal Entry

Chapter 14 describes how the response of a school leader to the bullying of

students with disabilities can violate Section 504 of the Rehabilitation Act. In

addition, this chapter discusses the responsibilities that charter schools have to

educate students with disabilities, and the Family Education Rights and Privacy

(FERPA) Act.Bullying is an issue for all students. And, students with disabilities

are often at the receiving end of bullying (Yell, 2019). Educators must be advised

that bullying can often violate a student's civil rights under Section 503 and

IDEA. To ensure that school leaders are prepared to handle the bullying of

SPECIAL EDUCATION CASE STUDY

students receiving special education, the Office of Civil Rights and the Office of

Rehabilitative and Special Education Services have developed and published

policy documents that help school leaders and districts respond to this persistent

issue.

The following guiding principles related to addressing the bullying of students

with special needs have emerged from key legislation and litigation: Principle 1:

Develop and publicize the school district’s policy for preventing and addressing

bullying; Principle 2: Adopt a research-based bullying prevention program and

implement it; Principle 3: Provide administrators, teachers, and staff with

professional development on bullying prevention; Principle 4: Be on the lookout

for incidences of bullying; and Principle 5: Respond to incidents of bullying

quickly and effectively (Yell, 2019, p. 357-359).

This Chapter also discussed the context in which charter schools operate. A

charter school is a public school. As such, charter schools are bound by the same

duties as it relates to educating and protecting students with disabilities as are all

public schools (Yell, 2019). Those who operate public charter schools are

required to follow all requirements related to IDEA, and properly evaluate a

student that is suspected of having a special educational need (Yell, 2019).

Charter schools are also required to provide special education and related services

to any student deemed eligible for FAPE because of a documented disability

(Yell, 2019).

The Family Educational Rights and Privacy Act was enacted by the U.S. Congress

to ensure that students' educational records at both the K-12 and higher

SPECIAL EDUCATION CASE STUDY

educational levels remain confidential (Yell, 2019). To comply with FERPA,

student districts must establish and make available written policies informing

parents of their FERPA rights (Yell, 2019). At the K-12 level, parents are allowed

access to their children’s records, and they have the right to dispute any

information they believe to be inaccurate (Yell, 2019). Parents must be informed

that the disclosure of their child’s educational records without their consent is

prohibited. If such a violation is discovered, parents must be notified that they are

permitted to file a complaint indicating that a school failed to comply with this

law (Yell, 2019).

Case Application: As a student, with a disability, attending a public charter

school, Parker and her family are entitled to the same rights and privileges as a

child attending a public school. By law, Parker is entitled to receive a FAPE as a

charter school student. We are in the infancy stages of her IEP development. To

date, school officials have taken great care to ensure that Parker and her family

receive all the services for which they are eligible and entitled.

SPECIAL EDUCATION CASE STUDY

References

Decoding Dyslexia Maryland (n.d.). What Is Dyslexia? https://www.decodingdyslexiamd.org/dyslexia.html#:~:text=%E2%80%9CDyslexia %20is%20a%20specific%20learning,poor%20spelling%20and%20decoding%20abilities.

Maryland State Department of Education. (2017). Specific Learning Disability & Supplement: (Focus On: Dyslexia, Dyscalculia, And Dysgraphia). https://mdod.maryland.gov/education/Pages/Special-Education-Servcies.aspx

Moats, L.C., & Dakin, K.E. (2012) Dyslexia Basics. Retrieved from International Dyslexia Association: http://eida.org/dyslexia-basics

Yale Center of Dyslexia and Creativity (2017). How common is dyslexia? https://dyslexia.yale.edu/dyslexia/dyslexia-faq/

Yell, Mitchell (2012). The Law and Special Education, 5th Edition. Pearson Publishing. Retrieved from https://reader.yuzu.com/#/books/9780135178324/cfi/1!/4/2@100:0.00