Final Research Paper: Special Education 202
Special Education Law Research Paper
MaryLynn Baldwin
Ball State University
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Final Research Paper: Special Education 202
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Introduction/Abstract
Through out this course, we have been introduced to many different aspects of
special education law. There is no one aspect that makes the whole operation work, it is
more like a well oiled machine. Each aspect contributes separately to the whole machine,
as will be mentioned though out this paper, each child is a human, each child has the
ability to learn and retain knowledge and to achieve an education at their maximum
potential. As a future educator, knowing my role in the special education field, as a
teacher, as a student, as an advocate and as a mentor.
Throughout this paper the different aspects that go in to special education and
what my role in each of those different aspects is will be discussed. Each topic will
discuss a different court case in which a child was faced with adversity in some way in
the special education field. Upon explaining each case, the relationship between the case
and it’s relevance in today’s schools will also be addressed. Knowing how to learn from
the past and move forward to the future is crucial to the success of futures students in
today’s schools.
This paper demonstrates my knowledge in specific areas of special education law,
and the use of those laws in today’s educational field. Having an understanding of these
different aspects will help me in becoming a better teacher, mentor, and advocate for
those students, whether they are in my class or not. Using parts from each of the different
aspects will aide me in helping to create an individualized and supportive environment
for students with special needs and their families alike.
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FAPE
FAPE is defined as “Free Appropriate Public Education, FAPE is an educational
right of children with disabilities in the United States that is guaranteed by the
Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).”
It is defined as the right that children with disabilities have to Free and Appropriate
Education, so schools are required to grant children with the accommodations necessary
for them to reach their highest potential in the academic field. If the public school system
doesn’t go to every length necessary to meet the needs of a disabled child, they are
breaking the law.
I look at FAPE as a wonderful safety net for the child with a disability and his or
her family. Without FAPE, in the past schools could just put the student where they
thought they would fit and just leave it at that, not really worrying about the wellbeing of
the child. It will be my job as an educator to make sure FAPE is being followed for the
students who are under my care in my classroom. I know it is my responsibility to
become an advocate in my classroom for the students that I may have with disabilities. If
I see a situation where I know the needs of the child aren’t being met, I need to speak up
for that child. Each child is protected under FAPE, and each child is entitled to a free and
appropriate education so as an educator it is also my job to make sure the needs of the
child are being me in my classroom as well.
The case I chose to look into regarding FAPE is Cleveland Heights – University
Heights School District, Petitioner v. Sommer Boss, by and through her parents, Robert
and Dona Boss, Respondent. Is a case about a litter girl named Sommer Boss. This little
girl started off school like any other child who goes to school for the first time. However,
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kindergarten teacher and other school staff noticed that she was falling behind her fellow
classmates, especially in regard to speech and reading levels. So Sommer’s parents and
the school decided that she needed to be evaluated for a speech delay or language
disability. Afterward, she started receiving help for her speech and language delay, and
an IEP was created for her. Each year following, a new IEP was created and the school
and parents tried everything from homeschooling and private tutoring to special help in
the classroom and less homework. Sommer kept falling behind. Eventually her parents
thought it wise for her to move schools, so they made arrangements for her to move to
Lawrence.
Throughout the time of Sommer moving schools, the Bosses requested that
Sommer be tested for learning disabilities so she could be considered for the special
education program at her school. Her parents wanted her to receive the help she needed
and they had a feeling she would get the required help she needed if she was in the
special education program. However summer came and went and the school never tested
Sommer, nor did they write up a proper IEP for her. When the Bosses requested that this
be done, they sent an IEP to the Bosses they didn’t like or approve of and when they
asked that it be fixed, the school district argued some of the points on it not directly
addressing what the Bosses were asking. So the Bosses filed a claim disputing the
“method for measuring Sommer's progress and other issues regarding the IEP.” They
asked to be reimbursed for the two years that Sommer attended Lawrence because thing
were not up to par with the IEP. In the end, they were granted the funds of reimbursement
for the 1994-95 year because FAPE was not met by the IEP for Sommer, but they did not
grant reimbursement for the 1993-94 school year.
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It is obvious from the case that the parents were almost given the “run-a-round” in
regard to the IEP and help that Sommer needed to receive. As I was reading the case, I
felt that Sommer’s parents were being told more “no” than “yes” in regard to the help
they wanted her to receive. As in any case, this is a child, who was in need of special
education and something went wrong and so a case was filed. In this case, the school
district didn’t follow FAPE (free and appropriate public education) for Sommer and so
the Bosses won that part of the case. It is important to understand that every child
deserves a Free and Appropriate Public Education, in which public schools are required
to meet any and all of the needs of a special education student. In this case, though
Sommer’s parents requested her to be tested for special education the schools never did
and so she could never be put in a special class in order to help her with her delays.
FAPE is important in everyday classrooms because it is important as an educator
to know when it is necessary for you to advocate for your students. Knowing exactly
what their IEP states and what you need to do to instill the IEP is crucial to you being a
successful educator. Also listening to the parents’ wishes and respecting what they want
for their child is also very important, because in the end the parents have the ultimate say
on what should be done with their child to provide a successful education process for the
student. You are directly breaking the law if FAPE is not followed and likewise FAPE is
like an umbrella in which most other laws reside but if you aren’t meeting FAPE then
nothing underneath it is being met either. In Sommer’s case she should have been granted
the wishes of her parents and her IEP should have been handled better, noting that she is
a child and this is her education.
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Overall, Sommer’s IEP was improperly addressed and therefore FAPE was not
being covered correctly. This has happened before, and it will not the be the last time that
it happens. It is important to understand the IEP that you are working with and to
understand the child that, that particular IEP pertains too. Also it is always important to
respect what the parents are asking as well and to take notice to what they want for their
child to excel in the field of education, if they would like their child to be tested for a
learning disability it is very important that you as an educator do everything in your
power to make sure that happens. Make sure you study each child’s IEP that comes to
you and understand the importance behind making sure everything in the IEP is met
unless you want to have your own issues with FAPE on your hands. Free and Appropriate
Public Education, make sure that students with disabilities also feel like they are welcome
and accepted in the classroom and that their educational needs are being met as well as
everyone else around them.
Least Restrictive Environment
The LRE, or least restrictive environment states that every student is required and
able to be educated in a normal general education classroom to the maximum extent
possible. Stating that in the public school system, students with special needs are required
to be in the normal classroom with his or her peers to the maximum extent that they can
possibly be in order to achieve his or her highest potential. So if a student can only take
one normal class in the general education classroom before needing to go to a special
education classroom for the rest of the day then that is the action that needs to be taken.
Likewise if a student can spend all day in a normal general education classroom and just
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needs an aid for a few subjects then that is the action that needs to be taken; for every
situation there is a different outcome based on the needs of the individual student.
The least restrictive environment or LRE is very important to understand as an
educator because you need to have a good knowledge base of where your student should
be placed. It should be stated in the child’s IEP where he or she would best be placed,
however if you see something different throughout the year and think perhaps a different
strategy would work better for the student you need to be an advocate for the student and
speak up. The least restrictive environment for one student could be totally different than
that of another student and it is important to remember that each child is different and
may need different accommodations. You may realize that the student needs more help in
one area than they are being given or they may need less in an area that they are being
given too much help in. Advocate for your students and make sure that LRE is always
being met, you want your students to excel at their maximum potential you have to make
sure the LRE is appropriate for the student and that you are following it correctly.
In the case of Shannon Carter, a minor by and through her father v. Florence
County School District Four. Shannon was a student in a private school in her hometown
until she rejoined the public school district in seventh grade. She was tested for learning
disabilities however the school system stated that “although her scores were a little below
average, they would not count her as learning disabled.” However, when Shannon
preformed poorly on her test scores in ninth grade her parents asked again for her to be
tested. This time she was found to have a learning disability that the district court found
that it was comparatively severe and the school district had completely looked over it for
three years. When creating Shannon’s IEP the school system wanted to make it so that
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Shannon would be in a resource room at least two periods of the day and that she would
be in the normal classroom otherwise. Shannon’s parents were not pleased with this and
asked that the IEP be changed to having a program geared toward learning disabled
students implemented for Shannon. However the school still stated that Shannon would
be completing four months progress in reading and math in a one month time period as
this IEP was implemented with one month left to go I the school year.
Shannon’s parents were not satisfied whatsoever with the IEP and they requested
a due process hearing to challenge the IEP that the school had come up with for Shannon,
and to argue that they were not providing the proper Free and Appropriate Public
Education for Shannon, all requests by Shannon’s parents were rejected. Therefore her
parents enrolled her in the Trident Academy, which was a school directly geared toward
students with learning disabilities. The Carter’s filed a suit against the school district for
not providing FAPE and LRE in the case of Shannon Carter. The district court looked at
all the possible outcomes, such as, in the public school Shannon was supposed to excel
by 4 months in reading and math in one month in which she only fell further behind and
when she was moved to the Academy she excelled in reading and math by more than
three years progress in only three years. The court decided that the public school had not
taken the appropriate amount of time to provide Shannon with FAPE and that they had
rushed everything, including not listening to the Carter’s wishes about the LRE that
Shannon was placed in. In the end the court awarded that the public school system
reimburse the Carter’s for the three years that Shannon was at the Trident Academy,
which totaled to be around 36,000 dollars.
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I believe that this case was handled appropriately, I felt that the school system
was rushing every little step when it came to Shannon, it seemed that they just wanted to
get her out of their way and move on. However, most parents, like Shannon’s, notice
when their student is being treated unfairly, especially parents of a student with a
disability. Shannon’s parents knew that she was entitled to LRE in FAPE and neither of
those were met to the extent that they should have been, therefore the Carters had every
right to move Shannon to another school and expect the public school to pay because
they couldn’t follow all the accommodations that Shannon needed or that her parents
wanted.
I personally think that more than anything else; the school system should have
respected the wishes of the parents. The parents of a student with disabilities are the
ultimate advocate for their child, they know what they want to see happen with their child
and what he or she is capable of so their opinion or requests on the matter should be
highly taken in to consideration. As an educator you need to remember that you are
following FAPE and everything that come under it, such as an IEP and LRE, for any
child with a disability. You don’t get to decide what is best for the child, you may have
an opinion on what would be best for the student, however you don’t have the final say.
You would have to go through a whole case conference meeting and voice your opinions
there, knowing they may not be taken in to consideration like you want them too. Overall
you need to make sure that you are following the least restrictive environment by
knowing what your student is capable of. The student should be able to excel as much as
possible in a general education classroom or wherever they are placed with having as few
accommodations as possible.
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The Individualized Education Program in Schools
Children, who are disabled and realize their wrights under IDEA, and start
receiving special services under FAPE, are also entitled to an IEP or an Individualized
Education Program. This Individualized Education Program creates specific guidelines
the student to learn in a way that is unique to them, making it so that they he or she has
the best potential for success in the class or classroom. These individuals could have
something as easy as having their planners check every day to make sure they have all the
materials they need for success, or even alerted assignments to make it so that they can
show their knowledge of the same subject in a different way than a test, or the amount of
time it takes to take that test. It ensures that each disabled student can achieve at their his
or her maximum potential and achieve the his or her goals they had set forth.
As an educator it is important to remember that it is important to understand your
part in the creation of an IEP and how it will play a role in the classroom. Remembering
that you area not the only voice of opinion in what education program the child should
receive. Each child is going to need to be addressed and helped in a different way, so
what may work for one student may not work at all for another, it is all a matter of the
situation and the child that is in that certain situation. As a special education teacher, I
will need to focus directly on my students and what would best help them to achieve the
task at hand. I will need to remember that the general education teacher may not
understand exactly what is being done with an IEP so I will make sure I give her the best
support and guidance that I can, always remember that we are creating a program that is
individualized to best suit the needs of the student and child that we are working with.
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In the case of Amanda J., a minor, by and through her guardian Ad Litem,
Annette L., plaintiff-appellant v Clark County School District, and Nevada Sate
Department of Education, Defendants-Appellees. This is the case of a little girl named
Amanda, who was originally enrolled in the Clark County School District. From a young
age, Amanda’s parents knew something was different with their little girl because as her
mother stated, “that she whirled herself for long periods of time, did not play with toys
appropriately, seemed not to hear, lunged/darted about with spinning, toe-walking, etc.,
had severe temper tantrums, had not developed friendships, got involved with ‘"rituals’"
such as lining things up, had communication problems, and had strong reactions to
changes in routine/environment.” (III. Amanda J. par. 3). However the psychologist that
they brought Amanda too had only stated that she was moderately low in some areas and
there were things that could be done to help improve these things. So an IEP was formed
at the school that Amanda was attending with goals such as learning to go to the
bathroom, learning shapes and colors and working on verbal communication and eye
contact. Later, when the IEP was revisited and things were added to it, it was noted that
though she had improved in some areas, it was learn some go no better and clearly lacked
work. Ten days after the new IEP was put in to place, Amanda and her family moved out
of the state and too California.
Once in the state of California, Amanda’s parents enrolled her in First Steps
Preschool. Not long after that, her uncle and licensed physician referred her to a behavior
specialist, noting that she showed some signs of possible Autism. After being seen by the
specialist, Amanda was diagnosed with autism for the first time. Once her parents had all
the papers between schools transferred, they saw that the earlier school had stated in their
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reports that there were early possible signs of autism, however they never told Amanda’s
parents, and it was left out of the two page summary of Kenny’s, the psychologist’s,
report. Her parents took the school district to court based on their lack of information
regarding the signs that Amanda may be autistic. They also claimed Amanda was denied
and likewise denying her FAPE because of that. In the end, the case ended with the
hearing officer agreed with the parents and said said that Amanda was misdiagnosed and
denied FAPE. However, when taken to the federal court, it was decided that she was not
misdiagnosed or denied FAPE, and Amanda’s case timely appealed.
Over all, we see that the Individualized Education Program should directly reflect
what the needs of the child are. However as in Amanda’s case it is seen that; because she
was misdiagnosed, she couldn’t not receive the correct IEP that was needed. It isn’t
possible to meet the needs of a child with a disability if you are unaware of what the
disability is. The fact that the school district noted that they saw signs of Autism but they
never informed Amanda’s parents of the possibility of it, led to her parents inability to
take the correct measures when creating the IEP for Amanda. Even with the IEP
addressing some of the struggles that Amanda was having, knowing she had Autism
would have made it easier for the teacher’s and parents to directly address the problems
than try to figure out what may work and may not. With the correct diagnoses, the IEP
would have been executed in a different way and Amanda’s ability to learn would have
been directly addressed.
As an educator I will need to remember that each child who has an IEP needs to
be handled in a manor so that I know everything that is required from that IEP and that I
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will have to do whatever I can to make sure the IEP is being met. In Amanda’s case, as
the educator I wouldn’t have any reason to know that the psychologist didn’t diagnose
her correctly., I would just have to comply with the IEP and make sure I was follow what
needed to be met on it. My job is to make sure the student that is in my class is able to
learn at his or her maximum potential and that they he or she is are achieving to the best
of his or her abilities. Knowing my students’ IEP’s, and making sure they are within their
goals set and that they will be able to achieve the goals listed in due time, is crucial to
being the best educator I can.
Assessment and Eligibility
Assessment and eligibility for students with special needs in the classroom, go
hand in hand. Without eligibility, you can’t have an assessment. Yet without an
assessment, how can you determine the eligibility of a child with special needs? Through
FAPE, that every child is entitled to free and appropriate education and all children, are
entitled to achieve, their own education at their highest potential possible. As an
educator, if you believe that a child should be assessed for special services then it is
important to take initiative in contacting the parents and get their consent, remembering
that assessing a child without parental consent is illegal. After going through the process
of assessing the child, eligibility of the child will be clearer, as well as the special
services that they require and which ones can be acted on. It is always important to know,
a child’s eligibility, before taking any more action in determining what types of services
will be provided. Providing the correct services is crucial part best education possible for
the child.
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The assessment of a child with special needs is very important due to the fact that,
without an appropriate assessment the, child cannot be determined eligible for the
services that he or she may require to gain the best education. Once the eligibility of a
student is determined, then it is safe to go further to find the correct placement and
services that need to be provided for the student to receive the best help possible to reach
his or her maximum potential in and out of the classroom. Be an advocate for your
students as well, as an educator if the possibility of another assessment may help then it is
important that you vocalize that. Making sure that everyone involved in the assessment
process understands exactly what is going on and what is to be done. It is important that
everyone, parents, student, and teachers included are all involved in that process of the
assessment. Remember, without parent consent, you can not asses a child. Once the
assessment has been done and the eligibility of the child has been determined, then you
can move forward in making the correct adaptations to providing the child with an
environment to best suit his or her needs.
In the case of twelve-year-old Elizabeth Peck, a child with type 3 osteogenesis
imperfecta, a condition in which the bones in the body are weak and fragile. Her parents
requested that she receive physical therapy during the school day in her physical
education time slot as opposed to doing it at home. The Pecks wanted this because doing
it at home interrupted Elizabeth’s daily routine and made things at home, like sleeping
enough, difficult to be accomplished. This request proved to be a problem when the
Lansing School District said that it violated the establishment clause to let her parents
choose where she got to have her physical therapy with out her being assessed by the
school. However, even after the school did asses her, and when considering every
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possible situation, the Pecks still thought it would be best for their daughter to receive
physical therapy during the physical education time during the school day.
The district court ruled in favor of the Peck’s stating that the Lansing School
District's provision of PT and OT to Elizabeth at Our Savior Lutheran School would not
violate the Establishment Clause. (Elizabeth Peck v. Lansing School District III. Analysis
pt. B) The school district tried to argue that the main issue in the case wasn’t the clause,
but the placement of where Elizabeth should receive her physical therapy, however
because they argued it in the first place, even with an assessment, they weren’t following
IDEA, therefore the court sided with the Pecks, stating that they didn’t break the clause
and that they weren’t being approached correctly by the school according to IDEA and
the process of assessment and eligibility.
It is very important that assessments are followed correctly as to make sure not to
get caught up in a legal issue that you can’t win. The Pecks were well aware of what
Elizabeth needed as she was twelve years old and they had been dealing with her
disability for quite sometime. The school was right in going forth with an assessment to
determine eligibility however, they don’t have the right to tell the Pecks that they know
what is best for Elizabeth. The school system has only been dealing with Elizabeth’s for a
short while, where her parents obviously have been dealing with it for her lifetime. The
school system should have attempted to work with the Pecks to find a good solution to
the problem as opposed to telling them how it should be done in the first place.
As stated in the beginning, assessment and eligibility go hand in hand, you can’t
have one with out the other. You need to assess a child before they can be determined
eligible, however you can’t assess a child till you see there is a need for special services
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in the classroom. As an educator it is important to remember that, the parents have a large
say in what services their child receives, after all, they do have the final say on everything
from the assessment to the services that their child does end up receiving. In Elizabeth’s
case, her parents knew exactly what they needed from the school for Elizabeth to achieve
at her maximum potential and the school still continued to fight it.
Related Services
Related services in schools entitles students who have special needs, the be
granted the help they need during the school day to, facilitate the least restrictive
environment possible. School districts are required to grant these students whatever they
may require to help them achieve their highest academic potential. Not all students
require related services, however for the ones that do, it is required that the school
provide services under IDEA. Once a case conference is held and the least restrictive
environment has been determined, related services should be decided. Once related
services have been determined, the IEP for the student can be developed with related
services included.
As an educator it is important to know, whether a student, requires related
services. By knowing this, teachers can better educate students. Having students with
related services will help the student become more comfortable with learning in a general
education classroom. Not all students with special needs are required to have related
services. But something as simple as an in-classroom aide could be a related service.
Having that extra help with a student really could make a classroom much easier to
manage for a teacher. Also, making sure that all related services are met is important as
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well, due to the fact that these services are required under IDEA; therefore under FAPE,
not granting these related services is breaking the law.
In the case of Garret F., a young boy who was paralyzed from the neck down in a
motorcycle accident and was wheelchair bound and ventilator dependent, Garret’s
parents paid for him to have an aide with him during the school day through their
insurance. However after a period of time, his parents realized that the school should be
paying for and providing those accommodations during the school days for their son
Garret. “The District denied the request, believing that it was not legally obligated to
provide continuous one-on-one nursing services” (Cedar Rapids Community School
District v. Garret F. Sec I p 2). All Garret needed was someone to be with him during the
school day because he was on a ventilator. He needed supervision to make sure nothing
went wrong and that someone was present who knew what to do if something did.
In this case the school district argued that they were not responsible for paying for
or providing the services that Garret’s parents requested. However, under IDEA, the
school district was required to provide Garret with related services. This means the
school had to provide Garret with someone to be with him during the school day to help
him with his ventilator. IDEA requires that related services be met by the schools for
whatever need the student may have in order to improve or support better education. In
the case of Garret F. the school ended up having to provide related services so that Garret
could say in the general education classroom as was specified in his IEP in relation to the
least restrictive environment. Garret had every right to be in the normal classroom and
the school district was refusing him that opportunity by denying him related services. In
the end, the court ruled that the Cedar Rapids Community School Districts was required
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to grant Garret with the related services that he was entitled too and that they were to
provide him with these services free of charge under related services.
As seen in the case of Garret F, if needed, all students are entitled to related
services; every student must be assessed first so it is certain that they require related
services. If they are approved then whatever related services the student requires should
be acted on right away. Knowing which related services the students in your classroom
require is important. You can learn what these services may be by looking at the child’s
IEP. No matter if the student requires an aide or something as simple as getting their
homework checked after school all students are entitled to the related services that they
require on their IEP under FAPE, ensuring that all students are granted the education they
deserve.
Confidentiality/FERPA in Schools
In the field of education, confidentiality, refers to the protection of a student’s
personal records. The Family Education Rights and Privacy Act (FERPA) ensures that
parents have access to their children's educational records and protects the privacy rights
of parents and children by limiting access to these records without parental consent. Most
general education students wouldn’t understand the importance of this act, let alone,
children with disabilities. This act grants parents access to educational records, giving
them the right to review and inspect these records and aid in the amendment or
destruction of them. FERPA applies to all institutions, including, elementary, secondary,
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and even universities. Therefore students’ school records and information are protected
unless otherwise instructed by a parent or guardian or until they are 18 years old.
Obviously, parental consent is a major issue in regard to FERPA. Without
parental consent for children younger than 18, it is illegal for the school or administrator
to release records pertaining to the student. Essentially, student records, contain,
complete academic and educational information for said student, entailing all the
academic information for all years the student has been enrolled in the school system.
This act is a simple one to follow. There isn’t much as an educator that you could easily
mess up, just making sure that confidential information isn’t being given out and if
information does need to be shared, it is being done after receiving parental consent. It is
easy to get FERPA confused with FAPE in regard to education. They are similar,
however. What FAPE doesn’t cover in privacy acts FERPA does. However this is the
exact mistake that was made by Kristja J. Flavo, the mother of Elizabeth, Philip, and
Erica Pletan all of whom attended the same school, and had the same specific issue with a
teacher.
Flavo found out that more than one of her children’s teachers were running a
grading process in the classroom in which the students would take a quiz or test, then
trade with another student and grade each others papers, trade back and then read their
grade out loud to the teacher. Ms. Flavo complained to the school counselors about this
method stating that it “severely embarrassed her children by allowing other students to
learn their grades” (Kristja J. Flavo vs. Owasso Independent School District No. I-011 II.
Background paragraph 1). However after expressing her concerns to the school, Ms.
Flavo was told that the students had the option of giving, the teachers their grades
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privately. After being informed that her children had the option to privately relay their
grades to the teacher and that the school district wasn’t going to make the teachers
change their grading process, Ms. Flavo filed a class action lawsuit against the school
district. The lawsuit stated that the grading system used by the school district violated the
Fourteenth Amendment privacy rights and FERPA. However the court ruled that the
grading process used by the school didn’t violate any privacy acts of either the Fourteenth
Amendment or the FERPA, stating that the grades pertaining to said grading process,
were not “educational records.”
Upon hearing the courts verdict, Ms. Flavo then chose to argue that one of her
children has special needs and therefore should have been granted an expectation of
privacy. However, because Ms. Flavo didn’t file the claim under IDEA nothing could be
done about his rights to the Fourteenth Amendment. After looking into the case further,
the court ended up reversing its ruling on FERPA, stating that, the grading process used
by the school was in violation of FERPA and that the grades shouldn’t be read aloud in
respect of the students rights to privacy, nothing was changed with the ruling on the
Fourteenth Amendment. Over all Ms. Flavo was correct in believing that her children
were having their privacy rights violated and that the grading process used by the school
was unjust and only further embarrassed the students in the classrooms.
Understanding exactly what falls under FERPA is the most difficult part of
confidentiality in regard to education. Knowing what, if any, grades, information about
students, or academic information about students is acceptable to be shared or released,
remembering that nothing of that nature should be shared or released without parent
consent, unless the student is 18 or older. Getting parental consent is the most crucial part
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of the FERPA, nothing may be released without it, and even when getting parental
consent, the parents may choose not to have some information about their student shared.
In regards to students with special needs they are granted the same privacy rights as any
other child, however, students with special needs are also protected under IDEA,
therefore their academic privacy may consist of more than just grades, it may also entail
an IEP or behavior management plans. Confidentiality of students with special needs and
without special needs is equally important, and both are required to have parental consent
for records to be released, amended or destructed.
Most important remembering that each person is entitled to his or her own privacy
and under FERPA all students, with or without special needs are entitled to their own
privacy. No records, academic or personal should be given out to any person or other
teacher or administrator unless there is written parental consent for that student. It is
understood that, there will be times when you may need to access a students academic
records in order to help or aid the student, however as stated previously nothing can be
done with out parental consent, once you have that, you are golden. Remembering that
each child, no matter how small or whatever special needs they may have is entitled to
his or her own privacy, just like any adult would be, and it is important to respect and
honor that right.
Discipline
Advocacy
Advocacy is the act of one person standing up for or speaking on behalf of
another person in need of help. In special education, it is important to realize and
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understand that many if not all students with special needs will need some sort of
advocate in their life to aid them in there educational endeavors. This advocate could be
anyone from a parent, guardian, teacher, principal or even a classroom aide. Anyone who
is willing and able to stand up for the rights of a student with special needs is given the
opportunity to be an advocate for that student. A great example of advocacy is Child
Find, which consists of taking it upon oneself to go and seek out children with special
needs who may be struggling and may need help to achieve academically.
It is still clear in schools today that advocacy is present, teachers are active
advocates every day for the students they work with, seeking out and finding students
who may be falling behind in class and finding ways to catch them up. Teachers are
responsible for knowing their student’s rights and knowing exactly what they are entitled
to as special education students. It is also important to help parents become advocates and
learn what their children are entitled to under IDEA. There are a lot of aspects that go in
to knowing and understanding the laws behind special education, having the knowledge
as to what rights the students in your classroom have, helps make you an advocate for
them as well.
In the case of Warren G and Grant G v. Cumberland County School District it
was observed that when the parents of Warren and Grant, both students with learning
disabilities, asked for new IEP’s to be given to them. When their parents received the
new IEP’s they were dissatisfied with the results and decided to move their children to a
more suitable school for them. The school district then informed the parents that, if they
wished to request a refund for tuition from that school year it need to be done by
requesting a due process hearing. However their parents did not make a request until
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December 1995, sixteen months later. As suspected the district rejected the request for
reimbursement, offering to make new IEP’s and take the case to court, that summer both
students’ cases were brought before a judge. At first the hearing officer took the side of
the school district, stating that the IEP’s were appropriate and that the family would not
be reimbursed for the tuition.
The parents of Warren and Grant decided to appeal the hearing officer’s ruling
and take the case to the district court. The district court ruled that the IEP’s were
inappropriate and that the family was to be reimbursed for the tuition from that school
year.. The court ended up granting all but one semester of Grant’s tuition to be
reimbursed in full and all but the last semester of Warren’s tuition to be reimbursed in
full as well. “Reimbursement for the IEEs on equitable grounds, (was denied) both
because the parents had not expressed disagreement with the District's IEE and because
they had waited for over two and one-half years to seek reimbursement.” (Warren G and
Grant G v. Cumberland County School District, phg 4) If they had requested this
reimbursement to be acted on earlier, when the switching of schools happened, the
parents would have had a better chance at being given the full amount in return.
As seen in the case of Warren G and Grant G v. Cumberland County School
District, the parents of Warren and Grant were the ones who needed to be advocates.
Taking it upon themselves to make sure they understood what their children were entitled
too, they showed great advocacy in this way. However because their parents were not
totally informed, they did not file the request soon enough and therefore were not given
the full amount they were asking for in reimbursement. Looking at this from a
professional standpoint, as a special education teacher, once I knew what the parents
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were planning on doing I would take it upon myself to make sure they knew exactly what
was required of them if they wanted the full amount reimbursed, in this way as a teacher,
I could have been an advocate in this case as well.
As originally stated in FAPE, all children with special needs are entitled to free
and appropriate public education. Child find is one way to find these children who need
help, there are still many cases today in which children aren’t getting the education they
deserve all because no one has stepped up to help them. As a future special education
teacher, I will make it a goal to help locate these kids and get them the help they need to
achieve at their maximum potential. Also, getting other people to be advocates for there
own kids or students and spreading the word that every single child deserves a chance to
try and achieve academically. They deserve it, not just for their parents or teacher or the
school, but for themselves, they just need someone to step up and be a voice for them.
Conclusion
I believe that every child, with or with out a disability deserves a chance to gain
an education that will better their future. Upon reading, dissecting, and understanding
each aspect that goes in to special education law, it is clear to see that I will have to be
the voice for the students in my class, I have to be an advocate every day. As a future
educator, taking in to account that every child is different and that every student learns in
different ways, at different paces will be crucial to my success. Also respecting and
understanding that the families of these children will, hopefully, be involved with their
education. Remembering that I will never truly understand the struggles they may be
going through but that I can be a support system while their child is in my care. Helping
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students and their families feel comfortable with understanding the laws behind special
education and knowing what they are entitled too for their child. All of these aspects in
place and working smoothly together will aide in the students individually learning and
growing in a ways that are specific to each of them, in turn aiding them in gaining the
education that they deserve.
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