Running head: SPECIAL EDUCATION LAWS AND GETTING IT
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Special Education Laws and Getting It Right
Tracey Ultsch
Liberty University
Dr. Mary Garzon
March 28, 2020
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All children deserve to be represented fairly whether it is at home, school, or in a court of
law. Children cannot often speak up for themselves due to their age and if they do they are often
not heard. When adults are put in a position to watch over the child or teach the child it is trusted
that it is being done in a respectful and lawful manor. Therefore it is important to know and
abide by the laws set in place to protect the most vulnerable which are the children with special
needs.
Why is Knowing These Laws Important?
Knowing the laws surrounding students with dishabilles is of utmost importance. Not
only does this ensure the student is getting the best assistance for their needs it also ensure safety
for the school board employee as well as the student. More importantly it helps keep the student
safe from human rights discrimination and maintains their dignity. These laws also help to
institutionalize the treatment the students with special needs receive all over the country. They
also work to help these students to assimilate into the community without isolating them. With
these laws there is a guide to help adults guide the students with disabilities on the most
appropriate path for them.
The Importance of Correctly Identifying and Labeling the Disability
It is important to correctly identify and label students with disabilities so that they get the
free and appropriate public education they need and are guaranteed by the law. This is spelled
out in Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities
Education Act. If educators fail to get these children correctly identified they risk enabling at
risk children to get lost in the crowd of students.
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Furthermore, not only identifying a student as having a disability but labeling them correctly is
also very important. Labeling a child will help in getting the correct services lined up that the
child may need. If educators do not get the label correct the student may miss or receive services
that are not appropriate or what that particular child needs. As we see in the case of Jessica P. vs
Chicago public schools none of the educators that Jessica came in contact with saw beyond her
behaviors. They all labeled her as just having a bad attitude not taking into account her academic
performance along with her poor view on school. “The sporadic nature of the incidents i.e.
occurring sometimes once a month, sometimes two or three times within a one or two day
period, not with any regular frequency should not have raised any “red flags” but coupled with
the students dismal academic performance, should have caused someone at CMAB to wonder
about the cause of that dismal performance.” (Jessica P. (student) vs. Chicago Public Schools
(Local School District), 2004)
This also rings true as in the case of Doug C vs Hawaii Department of Education:
Parental Participation in IEP development. Doug C is the father of student Spencer who has
autism. The time came when the individualized education plan was up for renewal therefore a
meeting with the parent had to be scheduled. It was about this time that the father, Doug C, had
scheduled a meeting but fell ill and had to cancelled said meeting. After a few attempts of trying
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to reschedule and the uncertainty of his illness the school had decided to go ahead with the
meeting with the father. This was stated in the documents of the case; “The court found that
this action was inappropriate because parental participation should have taken priority over strict
adherence to any review timelines.” (Doug C. v. Hawaii Department of Education: Parental
Participation in IEP Development, 2014) The court went on to say there is nothing in the IDEA
that says a school district must stop services if the annual IEP renewal is overdue. When a
school district fails at making sure to include a parent in the educational planning of the student
they are effectively denying the student FAPE, Fair and Appropriate Public Education.
Where Did the Schools Go Wrong?
The areas that the schools went wrong in is, in the case of Jessica P., failing to correctly
identify and label her disability. By coming to the conclusion that she just has a bad attitude and
not looking at the pattern of poor grades and disruptive and disrespectful behavior while in the
bigger classes and the improvement when she was placed in the smaller classes is neglecting to
view her situation accurately. As for the other case of Doug C. the school should have listened
more closely to him and just rescheduled the IEP meeting. Their call to go ahead with the
meeting was unfair to the father and his son and could have cost him the appropriate education
and assistance he needs. This kind of situation gone right is evident in the case of Endrew F
where his parents pulled him from public education and enrolled him in private education
because they were not seeing his Individualized Education Plan change from year to year. From
the time he was in first grade to the time he was in fourth grade they noticed the same plan
carried over from year to year. It is stated in the case, “One of the most significant aspects of the
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IDEA is the role that the statute calls upon the parents of a disabled child to play in the process.
The statute makes parents members of the IEP team and entitles them to bring information about
their child to the school district as it evaluates and assesses the child's needs.” (Flags on the play:
The supreme court takes the field to enforce the rights of students with disabilities, 2017)
Conclusion
In conclusion, as a person who has worked in the special needs classroom within the
school system for the last ten years, my recommendation is to always be sure to follow the
mandated laws pertaining to students with special needs. I would also recommend that all
reasonable accommodations be made regarding the child’s educational needs especially those
spelled out in the IEP. As we can see failure to do so has many implications for the child; the
school district; and the special education teacher. It is my experience that when the IEP is
followed the child can soar educationally as long as the child is also complying and doing what
they can in the class. As educators we need to all work together to provide the best education
possible for those who cannot regulate themselves. I have experienced first-hand that when we
show God’s love to these most vulnerable children not only do they return the love and have a
tendency to do their work they also feel valued and like they have a place in this world.
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References
Smaron, Carolyn Ann (2004). Jessica P. (Student) vs. Chicago Public Schools (Local School
District), (Illinois State Board of Education Impartial Due Process Hearing, 2004
Yell, M. L., Katsiyannis, A., & Losinski, M. (2015). Doug C. v. Hawaii Department of
Education: Parental Participation in IEP Development. Intervention in School and Clinic, 51(2),
118–121. Retrieved from https://doi.org/10.1177/1053451214560894
Seligmann, T. J. (2017). Flags on the play: The supreme court takes the field to enforce the
rights of students with disabilities. Journal of Law and Education, 46(4), 479-498. Retrieved
from http://ezproxy.liberty.edu/login?url=https://search-proquest-
com.ezproxy.liberty.edu/docview/1984358472?accountid=12085
