WHEN A STUDENTS RIGHTS ARE WRONGED CASE 38

WHEN A STUDENT’S RIGHTS ARE WRONGED CASE 38 ANALYSIS EAD-505 DR. CARLSON CLC: Purple Group: La. Venique Campbell, Hortencia Morales, Camille Rose, Allison Smith and Christina Snider.

BACKGROUND INFO ON IDEA Individuals with Disabilities Education Act (IDEA) Originally passed in 1975 To ensure students with disabilities receive a free and appropriate public education Renewed in December of 2014 Passed by Congress and signed into law as Public Law Number PL 108 -446 Renamed: The Individuals with Disabilities Education Improvement Act of 2004

BACKGROUND INFO ON IDEA Four Parts to the Law Part A General provisions of law Part B Responds to services that need to be provided to school age children with disabilities Part C Addresses younger years Focuses on infants and toddlers with disabilities Part D Addresses national activities to improve education of children with disabilities

IDEA: PART B AND C IMPACT ON EDUCATION Part B and Part C have largest impact on education Sets rules and guidelines for providing services to students with disabilities that all education systems must follow Part B includes 8 subparts: Subpart A: General provisions Subpart B: State eligibility Subpart C: Local education agency eligibility Subpart D: Evaluation, Eligibility, IEP, and Placement Subpart E: Procedural safeguards Subpart F: Monitoring and enforcement Subpart G: Use of Funds Subpart H: Preschool grants

PART C AND EARLY INTERVENTION Focus on providing early intervention to toddlers and infants with disabilities Five Reasons for Policy: Reason 1: To increase development of infants and toddlers with disabilities & limit potential of developmental delay Acknowledge brain development in first three years of life Reason 2: To reduce amount spent on education by reducing need for special education after infant and toddler years Reason 3: To maximize potential of person with disability to live independently Reason 4: To help families provide support for infants and toddlers with disabilities Reason 5: To help state and local agencies identify, evaluate, and provide support to all children Especially low income, inner city, rural, and children under school age in foster care

CASE ANALYSIS: INTRO Administrators must follow all laws and regulation in relation to students with disabilities Section 504 of Rehabilitation Act of 1973 Protects students with disabilities from discrimination Failure to provide accommodation can lead to legal consequences

CASE ANALYSIS: ENVIRONMENT Nottingham High School Low funded school Center of Dover School renovated only three fourths of campus since 1950 One fourth of campus are portable buildings Well known for academics and football team Superintendent of School District, Dr. Harvey Great working relationship with staff Strong support within district from school employees and parents

CASE ANALYSIS: PEOPLE INVOLVED Key Players: Miguel Hernandez Became paralyzed at football event Rights to Free and Appropriate Public Education in question Mr. and Mrs. Hernandez Parents of Miguel Hernandez Hired attorney Protecting son’s rights to accommodations Administrator Oversees function of school To who the problem was reported Ms. Gusman Withdrew Miguel from college preparatory course Did not contact parent or administration before withdrawing Miguel Howard Kerri Lawyer hired by Mr. and Mrs. Hernandez to represent Miguel Hernandez Addressed concern with Section 504 of the Rehabilitation Act of 1973 being met.

CASE ANALYSIS: HIGHLIGHTS OF CASE Mr. and Mrs. Hernandez enrolled Miguel Hernandez in Nottingham High School Academics & Sports Miguel played as quarterback on football team Suffered an injury Led to paralysis below neck Received support from school community Made improvements Used a wheelchair Miguel received a warm welcome back to school Ms. Gusman scheduled Miguel’s classes Withdrew Miguel from college preparatory Biology class No wheelchair access

CASE ANALYSIS: PROBLEM Ms. Gusman altered Miguel Hernandez’s schedule Did not contact parents Did not consult with principal Conflicted with Miguel’s rights to a Free and Appropriate Education

CASE ANALYSIS: INFORMATION GATHERED FOR DECISION MAKING Buildings of Nottingham High School campus did not meet needs of students with disabilities Miguel needs specific class to get accepted into college Individual with Disabilities Education Act: School needs to make effort to provide students with disabilities education suited to needs Americans with Disabilities Act Title II Public entities not required to take actions that would result in financial and administrative burden ADA Title II Reasonable modifications must be attempted in order to avoid possible discrimination Miguel was removed from class without attempts to meet his needs

CASE ANALYSIS: INFORMATION NEEDED FOR DECISION MAKING Principal will need to: Contact district personnel to see if possible to make structural ADA accommodations for students with disabilities Interview Ms. Gusman and consult school’s Special Education staff to ensure Miguel’s rights under IDEA and Section 504 were considered Still need to know: If IEP is in place for Miguel If 504 plan is in place for Miguel Location of classroom Size of classroom door (wheel chair access) Type of seating available Classroom setup

APPLICABLE POLICIES AND LAW Individuals with Disabilities Education Act (IDEA) Ensures children with disabilities receive free public education that meets individual needs American with Disability Act Protects people with disabilities from discrimination Free and Appropriate Public Education (FAPE) Individual Education Program (IEP)

APPLICABLE CASES Cedar Rapids v. Garret, F. Garret must receive necessary support and services Department of Justice v. University of Michigan School must add accessible seating to stadium Department of Justice v. Chatham University School must provide better access to campus facilities

POSSIBLE SOLUTION 1 Possible Solution: Add an elevator to the school if classes on second floor Pros: Increases opportunities by increasing access for students with disabilities Cons: Unclear if school has second floor Funding available for elevator installation Old school may require more time and money for elevator installation Safety codes

POSSIBLE SOLUTION 2 Possible Solution: Remodel school to make classrooms more wheelchair accessible Pros: Increases opportunities by increasing access for students with disabilities Cons: Funding available for elevator installation Significant amount of time

POSSIBLE SOLUTION 3 Possible Solution: Provide differentiation in instruction Pros: Miguel will gain credit for the college preparatory class Miguel will still learn information necessary for college bound students Cons: Miguel will not gain hands on experience Technology availability may be an issue

SUGGESTED SOLUTION Possible Solution: Hold IEP and 504 plan meeting Implement plans Make teachers aware of accommodations Schedule meeting with people involved Explain changes to parents Move lecture class to alternative room Set up video conference for laboratory assignments

JUSTIFICATION Pros: Miguel will receive an education that meets his needs Teachers will be able to provide appropriate accommodations to Miguel will benefit from plans set in place if he moves Ensures needs will be met throughout school year Cons: Possible issues with technology Hands on experience is limited

CONCLUSION School employees must follow education plans for students with disabilities Failure to comply with plans result in legal action Financial burden is no excuse for not attempting to meet needs Suggested solution would significantly decrease likelihood of lawsuit

REFERENCES Hanson, K. L. (2009). When A Student’s Rights Are Wronged. In D. B. Prybella (Ed. ), A casebook for school leaders: Linking the ISLLC standards to effective practice (pp. 36 -40). New Jersey: Pearson. Stader, D. L. (2013). Law and ethics in educational leadership. New Jersey: Pearson. U. S. Department of Education. (2016). Building the legacy: IDEA 2004. Retrieved from http: //idea. ed. gov/explore/view/p/%2 Croot%2 Cstatute%2 C U. S. Department of Justice. (2009). ADA title II: State and local government activities. Retrieved from https: //www. ada. gov/cguide. htm#anchor 62335. American Psychological Association: Individual with Disabilities Education Act (IDEA) (2016) Retrieved from http: //www. apa. org/about/gr/issues/disability/idea. aspx Center for Parent Information and Resources (n. d. ). Retrieved from http: //www. parentcenterhub. org/repository/partb/ College of Southern Maryland: Legal cases (2016) Retrieved from http: //www. csmd. edu/studentservices/disability-support-services/student-resources/legal-cases/index. Hanson, Karen L. (2009) A Casebook for School Leaders: Linking the ISLLC Standards to Effective Practice, Third Edition. Upper Saddle River, NY. Pearson.