Professional Documents
Culture Documents
SPECIAL EDUCATION
Abstract
The subject of proper placement of the disabled and handicapped is often difficult. Parents,
teachers, and other school administration wants what is best for every child. Sometimes these
types of decisions can be hard to make. Not everyone may agree on the proper placement. It may
take a while before the true least restrictive environment is determined (LRE). Below is a
scenario involving the placement of a special education child.
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3
Special Education: Debbie Young
Introduction
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the Least Restrictive Environment for students. Considerations such as: Where will the least
amount of interruption to the childs day take place? What is the nonacademic benefit? The
effects of the childs presence on other students and teachers within the classroom? The cost of
mainstreaming the child (Underwood, p.155, 2006)?
It is the belief of Mrs. Young that the guideline set out in the Individuals with
Disabilities Act (IDEA) are being followed in this case. As brought forth in the case of Board Of
Education of Hendrick Hudson Central School District v Rowley (1982), the right to free
education does not always mean in a public school setting. We must provide each child with the
best services to meet their individual learning needs. For Johnathan, it has been determined that
it cannot be done within our high school.
Con Support
It is the belief of Jonathans parents that there should be know argument of extraordinary
expense in this matter. The expenses accrued by Johnathans care are those that fall under the
category of related services. These services include transportation, many psychological and
health services, support services, assistive technology, and transition services (Underwood,
p.153, 2006). While physician services and individually required equipment are not covered,
Jonathans nursing care would be. These charges in question are very similar to those discussed in
the case of Irving Independent School District v. Tatro (1984). It is the belief of Johnathans
parents reason that all of expenses that that student incurs throughout the school day are directly
related to him being able to fully benefit from the school setting.
Moreover, it is believed that Mrs. Young failed to follow proper procedural due process
guidelines. There was never any record shown of Jonathans parents being notified of any
proceedings in writing. They were never notified of IEP meetings, offered the right to be an
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advocate for their child, or given a chance to view their childs records. Nor were they given a
notification of their rights and safeguards under IDEA. As in the case of J.S. v. Attica Central
Schools (2011) it is our belief that Mrs. Young and the school have severely violated the
guidelines set forth of IDEA. Johnathan should be allowed to go through is IDEA/ IEP process
again before a final determination is made.
Final Thoughts
It is my personal belief that the IDEA procedural due process was not was not followed
in this case. There was no evidence of meeting being held to determine Johnathans IEP needs.
There is no evidence of any participants of these meeting. Where the childs teachers even
present? With that being said, I believe that a stay put should be put in place until Johnathan
can be re-evaluated properly (Underwood, p.157, 2006). I also believe that many of the cost
involved in the students care are covered under related services. However, before the true LRE
can be determined for this student he will need to be properly retested.
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References
Board Of Education of Hendrick Hudson Central School District v Rowley, No. 80-1002 (June
28, 1982).
Irving Independent School District v. Tatro, No. 83-558. (United States Supreme Court July 5,
1984).
J.S. v. Attica Central Schools, No. 00-CV-513S. (United States District Court, W.D. New York
December 09, 2011).
Sacramento City Unified School District v. Holland, No. 92-15608. (United States Court Of
Appeals Ninth Circuit January 24, 1994).
Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.
Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.