ipl-logo

Procedural Safeguards

1304 Words6 Pages

Over the last 30 years, establishing appropriate academic taxonomy disciplines for children with disabilities has been a challenge. However, the laws governing how we teach our students with disabilities and how we instruct them throughout the day is constructed by different legislations that have shaped the very existence of Special Education programs. All laws, in general, are to protect the student and family in the public school system by providing guidelines and legal aspects of the law are upheld through the child’s Individual Education Plan/Program (IEP), and policy and procedural safeguards. These safeguards outline the very essence of situational outcomes, compliance, and the necessary procedures in place for the parent to take action against the school district …show more content…

According to Beekman (2012), hearing results from previous studies shown a rarity when special education due process cases are accepted, and resolved disputes between parties are met. Even after due process cases at times, the conflict will resume between parents and school districts. The 14th amendment protects the educational rights of children with disabilities in the equal protection clauses. State laws cannot override this constitution protection (Martin, Reed, & Terman, 1996).
The advantages of removing due process hearing, may not stand constitutionally wise, however, the proceeding steps before due process could be solidified. The advantages would, in essence, alleviate the high cost of money, time, and pressure to meet compliance and regulation and uncertainties as due process is quite complicated. In regards to money, the districts shell out a lot of money each year for dispute and legal hearings. Litigation is costly. By saving money, the districts could potentially allocate funding back into school and their programs for children with special

Show More
Related

A Case Study Of Florence County School District IV V. Shannon Carter

646 Words | 3 Pages

[Title Here, up to 12 Words, on One to Two Lines] The case, Florence County School District IV v. Shannon Carter, is about a student who is entering the 9th grade and diagnosed with ADHD (attention deficit hyperactive disorder) and Dyslexia. Prior to entering high school Shannon Carter did not have an IEP or a 504 plan. Her parents began the process in high school to help their daughter learn to read, at this time Shannon was diagnosed as she was functionally illiterate. Shannon’s family was upset that the school was doing more to help their daughter be able to perform on grade level. Shannon’s parents began a due process because they felt that the school was not doing enough to assure she was reading on grade level by graduation.

Read More

Jacob Winkleman Case Summary

806 Words | 4 Pages

(2000 ed. and Supp. IV). His parents, Jeff and Sandee Winkleman, worked together with the school system to develop and write and individualized education plan (IEP). They could not reach an agreement on the IEP and therefore requested a due process hearing per §1415(f)(1)(A) (2000 ed., Supp. IV).

Read More

Case 28.08 Continuum Of Options For Dispute Resolution

206 Words | 1 Pages

Anyone should be able to make a complaint to the Department. For issues concerning the differing opinions among school districts, private schools, parents, and state agencies, the Bureau of Special Education Appeals should hold hearings to resolve any problems. A parent or school district may request a hearing at anytime concerning the special education of their child or student. Never can a school

Read More

Due Process Hearing Case Study

473 Words | 2 Pages

Petitioner, Triniti T. (“Student” or “Petitioner”) filed her initial request for due process hearing (“Beaumont I”) on February 24, 2014. In the request, Petitioner alleged that the District denied Student a free, appropriate public education (“FAPE”). A hearing was held on June 24-26, 2014 and a Decision following due process hearing (“Decision”) was issues on August 28, 2014. The Decision found that Petitioner had met her burden in proving that the District failed to provide Student with a FAPE in specific areas and the Petitioner was entitled various relief including, but not limited to specific prospective placement, services, assessments, training, devices/equipment for the remainder of the 2014-2015 school year; program development for the 2015-2016 school year, and reimbursement

Read More

Taylor V. Case Brief Summary

727 Words | 3 Pages

The school district alleges that the defendant doesn’t have a disability and they were justified in firing the defendant. They denied that they ignored the requests from the defendant’s son seeking accommodations and abided by the American’s with Disability Act of 1990 (ADA). The case was taken to the district court and initially, the school district won. After appealing to a circuit court, the decision was overturned and the jury decided that the defendant did indeed have a disability and found that the school district failed in their responsibility to properly provide for those covered by the ADA. The grounds for the overruling came in regards to the definition of disability.

Read More

Texas Supreme Court Case Study

900 Words | 4 Pages

Therefore, the issue pertaining to students with learning disabilities was thrown out in relation to this particular case. • The state Supreme Court, in addressing the ill fitting correlation drawn in Stamos’ citation of Bell v. Lone Oak Independent School District as an explanation of how students have a fundamental right to participate in extracurricular activities, stated that correlations between the fundamental right of marriage and this case could not be aligned. • The state Supreme Court also stated that due to the facts the rule did not infringe upon any fundamental rights nor did it create/burden a suspect class, that it did not violate the equal protection guarantees of the Texas Constitution. • Citing Board of Regents v. Roth, 408 U.S. at 577-78, 92 S. Ct. 2709

Read More

Section 504 Analysis

776 Words | 4 Pages

Three laws that have shaped and resolved the rights and services available to the students with disabilities will be discussed in this section. Section 504 of Rehabilitation Act of 1973, the Individuals with Disabilities Act( IDEA )and The Americans Disabilities Act( ADA). The IDEA is the major federal statute providing educational rights to students with disabilities. Even so, two other statutes, Section 504 of the rehabilitation Act and ADA which was modified recently (ADA,2006,2008), also have implication for the disciplinary process when it involves students with disabilities ( Russo & Osborne, 2009). Section 504 of the Rehabilitation Act is the first federal civil rights law protecting the rights of persons with disabilities.

Read More

Lavancia Lino Thesis

38 Words | 1 Pages

Lavancia Lindo, I concur specific learners does need additional help in achieving literacy. Moreover, important multiple resources are available for students with disabilities considering their challenges. Therefore, educators will adhere to individual’s constitutional rights when distinctive issues arise.

Read More

The Tinker Case

985 Words | 4 Pages

This issue was then brought to the court whom referred to both the Tinker case and 1st amendment rights to decide. The Tinker case shows us that the school may limit the student 's first amendment rights

Read More

Section 504 Of The Rehabilitation Act Of 1973

279 Words | 2 Pages

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability by schools that receive federal financial assistance. Every year, the school district must identify students with disabilities within their district. Public schools have a responsibility in providing free and appropriate education to students with disabilities in the school district’s regardless of the severity or nature of the disability. Education is intended to ensure the needs of a student with disabilities are met just as the needs of a student without disabilities.

Read More

Welcome To Holland Analysis

870 Words | 4 Pages

Dunlap (2009) states. “The amendments strengthened parent’s right to be involved in educational decisions affecting their children, adopted a more outcome-based approach to assessment, and clarified that schools must educate children with disabilities in general education classrooms, the LRE.” (p.10). This means there would be more educational opportunities for Aaron to help him increase his educational

Read More

School Board's Duty Of Accommodation Case Study

654 Words | 3 Pages

The article that I have chosen to review is entitled Equality in Education and a School Board’s Duty of Accommodation: Can Segregation be accommodation? This article looks a legal case that took place in 1997, where the parents of a special needs child had a disagreement with how the school board decided to handle the accommodations for their child. The child’s name was Emily Eaton. Emily had cerebral palsy and was unable to communicate effectively. The school had provided her with an educational assistant, but they felt that the accommodation was not working.

Read More

Special Education Case Summary

1800 Words | 8 Pages

Since Brown v. Board of Education was decided in 1954, special education is constantly changing, and arguments continue to be a daily concern for public schools including administrators, teachers and specialists along with being a source of anxiety for parents, and money making industry for attorneys. The filing of a suit confesses that there has been a failure in resolution in local and state administrative forums. Courts represent an important step regarding the resources and relationships of the public and parents. While the outcome in judicial affairs may vary, the predominant issue in disputes is parents seeking what they think is best for their child, especially when it comes to placements. The outcomes of court cases provide useful

Read More

Public Education System: Mills V. Board Of Education

734 Words | 3 Pages

During this time, children were denied education because they were classified as having behavioral issues.. The court claimed that the board of education had an obligation to provide education for all students, regardless of disability, and “by not providing equal protection and education for all students under law, the education system is stripping students of their natural rights, and therefore having a large impact on civil liberties in the United States,” (Mills). The second important case that occurred was the Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania. This was a legal case from 1971-72 where the Commonwealth of Pennsylvania was sued by the Pennsylvania Association for Retarded Citizens over a law that gave public schools the authority to deny a free education to children with an intellectual disability (Pennsylvania). For example, a public school was allowed to deny a student who had reached the age of 10, yet had not reached the mental age of 7.

Read More

African American Education

1360 Words | 6 Pages

During this case they decided that the racial segregation that occurred at schools interfered with the Equal Protection Clause of the Fourteenth Amendment. Sometime around 2011 black deaf students that attended the Kentucky School for The Deaf were given long overdue diplomas. The Kentucky Board of Education believed that these students deserved representation of what they had accomplished. After finishing their courses, the black deaf people were never given recognition for the courses they completed while attending the school, till then. Blacks were denied at most schools because of their skin color.

Read More

More about Procedural Safeguards

Related Topics

Open Document