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Special Education Case Study

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Gaskin vs. Commonwealth of PA is a case involving FAPE or the Free and Appropriate Public Education. Gaskin was a student in the Carlisle School District in Pennsylvania who had the right to FAPE, but was being denied. Lydia Gaskin was denied the right to be in the appropriate setting for her disability. The Gaskins were pushing for Lydia to be in full inclusion. The school district denied claim for full inclusion. This conflict was the start of the legal process that ended in a class action lawsuit against the Pennsylvania Department of Education. When the school district denied the full inclusion placement, the parents of Gaskin filed a complaint with the Carlisle school district resulting in a due process hearing. The due process hearing …show more content…

Although there was no Gaskin statute that came out of the settlement, the changes had a major impact of the students of special education and their right to FAPE. One of the major changes was the fact that the IEP team must make considerations to the placement of students. The main focus the settlement is to ensure that school districts comply with existing federal laws, specifically around issues of "Least Restrictive Environment" (LRE) (Kidstogether.org). This outcome was in favor of the least restrictive environment for students. It also called for the supports and services to be provided to help the students thrive and succeed in the regular education environment. This settlement agreement also made it a requirement for the school districts to adhere to IDEA. Specifically, the part of IDEA in which the student placement is touched upon. Another major change in special education was the least restrictive environment or LRE for short. Lease restrictive environment allows the students with disabilities to be integrated into the regular education classrooms to the extent to which they can thrive. Since the Gaskin case ruled in favor of least restrictive environment, many changes to the implementation of least restrictive environment were touched upon in the settlement. Pennsylvania Department of Education is required to monitor school districts and more specifically LRE. The Gaskin case provided the push the Pennsylvania Department of Education needed to closely monitor the least restrictive environment implementation. This settlement also affected the special education implementation. Since the ruling, new policies require IEP teams to consider and school districts to provide a full range of supplementary aids and services in regular ed classrooms to all students with disabilities, including those with significant disabilities who can benefit from education in regular

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The district court said that the district had failed in making a sufficient effort in educating Rachel in a regular classroom. The district court weighed in favor of placing her in a regular classroom because they felt as though she could benefit from it. Rachel had developed her social and communications skills as well as her self-confidence from placement in a regular class, while the District's evidence tended to show that Rachel was not learning from exposure to other children and that she was isolated from her classmates. The effect of Rachel's presence on the teacher and other children in the classroom weighed in favor of placing her in a regular classroom. The district court found that the District had not offered any persuasive or credible evidence to support their claim that educating Rachel in a regular classroom with appropriate services would be considerably more expensive than educating her in the District's proposed setting. .

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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.

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1000 Words | 4 Pages

(A highlighted copy of Student v. McKinney Independent School District is attached for your

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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).

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155 Words | 1 Pages

In Doe v. Koger, a student with intellectual disabilities was expelled based on disciplinary issues. The school denied the student a due-process hearing for students with disabilities. When the family took the school district to court, it was ruled that before changing the placement of a student with disabilities through long term suspension or expulsion, a hearing must be held to determine whether the child’s inappropriate behavior was a result, or manifestation of his/her disability. Doe v. Kroger was a monumental court case in the history of special education because it determined that students with disabilities can in fact be suspended or expelled as a disciplinary measure, but only after a manifestation determination has taken place

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1076 Words | 5 Pages

The school district was still not happy with the decision so they appealed their case to the United States Supreme Court. The Supreme Court said that in the Education for All Handicapped Children Act, a free appropriate public education consists of educational instruction that is planned to meet the unique needs of the child that has a disability, supported by such services as are necessary to permit the child "to benefit" from the instruction. Board of Education of the Hendrick Hudson Central School District v. Amy Rowley (458 U. S. 176). Retrieved from http://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm Free Appropriate Public Education does not require the

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In a similar fashion, the comments made by the principal of the board in the Ferris v. Special School District No. 1 (1973) were also found by the court to be insufficient enough to affect Ferris’ future employment opportunities. The court decided that since Brouillete was nontenured, he was not entitled to protection of procedural due process guaranteed by the Constitution. The board in this case, as well as the district in Ferris’ case, were not at fault and did not infringe upon the rights of the

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752 Words | 4 Pages

Mills vs. Board of Education District of Columbia: In 1972 there were seven students that weren't included in the District of Columbia Public School System a group of the students Guardians and parents got together and went after the school board. Pointed out that all the students had special need requirements, where African American in the families did not have resources to send children too private special needs schools. Judge found that the District of Columbia have the responsibility to provide free public education to all students they had special needs in cannot be denied Education without a due process hearing. Work Cited Mills versus Board of Education District of Columbia 1972

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T.A, 2009). The district was to set aside $1412 per month for T.A’s tuition because of the Individuals with Disabilities Education Act (IDEA) (Forest Grove School District v. T.A, 2009). This law states that all children enrolled in public schools have a right to special education services (Gargiulo, 2015). Being no services were provided to T.A at Forest Grove, his court case had to be taken to the United States district court for the district of Oregon. There they looked into Frank G. v. Board of Education of Hyde Park which was a previous case with a similar problem (Blumberg, 2010).

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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

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999 Words | 4 Pages

The Board of Education wanted segregated elementary schools. Other schools were non segregated. The appellants felt that the Board violated the rights given by the Constitution. They sued the board saying that the system didn’t give Linda Brown the equal protection of the rights given by the fourteenth amendment. The decision was unanimous in favor of Brown.

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680 Words | 3 Pages

The Supreme Court rulings decided that the school district was in compliance with its services to Amy in regards

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776 Words | 4 Pages

As school administrators encountered many issues in balancing between providing safe school environment and meeting the requirements of the new law, Many case laws had been established by the judicial decisions in particular cases such as Goss v. Lopez (1975), Stuart v. Nappi (1978), Doe v. Koger (1979), Jackson v. Franklin County School Board (1985), Honig v. Doe (1988) which clarified many discipline questions pertaining to special education. In 1997 Congress passed thorough amendment to the IDEA and embeded detailed statutes to address disciplinary issues of students with

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1814 Words | 8 Pages

Due to racial court cases, disabled students’ parents were able to sue for equal rights for their children. These court cases helped to strengthen the education that is offered to special education students in the

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994 Words | 4 Pages

The legislature continued modifying the TEC through the 1990s. In addition to giving school districts more power, parents were allowed more authority of their child’s education (Walsh et al., 2014). An important example of this is found in the Special Education programs in public schools. A school is required to hold an Annual Review and Dismissal meeting for a special education student. This meeting informs the parent of student progress and allows the parent to voice concerns about accommodations and services their child is

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