Class notes 23 March 2005
More review of the midterm, more on special
education law and major cases.
EDLD
5340
23 March 2005
Review of the Midterm examination
- when you get yours back, you will get Fred's comments in all caps
1st question
- most relied on the Tinker case for freedom of expression, most also brought up dress codes and student code of conduct
- then dealt with 4 parts of the question: Tinker part, and what Mr Cantrup wanted (removing student from his class for ever, this dealt with Chapter 37 and section 002 and a teacher's right to remove a student from class from short or long duration)
- 3rd point was suggestion for a 5 day suspension
-- this keeps you in same chapter
- 4th point is Mr Cantrup's request to ban the student from extracurricular activities (at least 25% of us found cases that spoke to this, including the Rutherford case on p. 215 in Kemmerer and Walsh)
Lousiana was going to pass legislation that required students in school to use "yes ma'am" and "yes sir"
- some responses on the midterm for this aspect were reminiscent of that proposed legislation
- issue of getting students to apologize could have been brought up
question: if it is protected speech, can you compel or persuade someone to do something like apologize
Mr Cantrup or you as an administrator would be hard pressed to prove "defamation" given the circumstances of midterm question #1
Range of scores for question 1 (worth 8 points) was 6.0 to 7.5 points
2nd question: have not graded all these responses yet
- this was worth 12 points, range of scores so far from 9.5 to 11.5, still have 6 more to grade
- have graded 32 of 37 midterms at this point, overall the scores have ranged from 15.5 to 18.5 at high end
3 big themes to address in this scenario
1- search and seizure and the possiblity of reporting child abuse or neglect
ON FINAL: we will likely have a question on censorship of school newspapers
- new current event in Dade county, neither student nor principal cited or seemed aware of the Hazelwood decision
Discussion of Special Education cases now
Rowley case is THE LANDMARK case in this area
- p. 499 on A&A
- statute in US Code passed in 1975 has not changed (see p. 500)
"the term 'free appropriate public education' means special education and related services which (a) have been provided at public expense, under public supervision and direction, and without charge, (b) meet the standards of the State educational agency, (c) include an appropriate preschool, elementary, or secondary school education in the State involved, and (d) are provided in conformity with the individualized education program required under section 1414(a)(5) of this title. -- Title 1401(18)"
Take from the Rowley case:
- FAPE in LRE (free appropriate public education in the least restrictive environment)
- these are two of the primary elements of the equation
- the A for APPROPRIATE is the key: what is the placement and what is provided to the student, these are the main points relevant to the finding if the district is in compliance
No state is required to follow IDEA just as no state is required to follow NCLB
- if a state wants the money, however, they are expected to comply
New Mexico elected out of IDEA in 1975 but still had to follow the constitutional requirements like due process, etc
- they drug their feet for 7 or 8 years and tried to withstand the federal pressure to stay on board
- all 50 states had to make separate and individual decisions about this
- back in 1975 the Federal gov't said they would fund the cost of special education up to 40% but they have never done this even to half...
Timothy W case: "zero reject case"
Next case: Oberti case on p. 508
- essence of the case:
Least Restrictive Environment for most children is regular classroom in neighborhood school
could an institutional placement be the LRC under IDEA?
- yes, depending on circumstances
most restrictive environment is at the other end of the continuum, usually an institutional setting
remember you have to start on left side of the continuum in LRE and work your way to the right, to more restrictive environment options
Florence case on p. 518, focuses on money
- US Supreme Court case, says reimbursement for the parents in this case was not out of the question even though the school where the parents put their child was not accredited
- the reason was, the public school was not providing an appropriate placement
- parents did recover costs in this case, even though they unilaterally placed their child in the private school setting
through 1990s and into the 2000s there have been more cases of parents who have acted unilaterally, parents have been losing with some frequency
- in 70s and 80s parents were tending to prevail more even when they acted unilaterally
Tatro case on p. 526 decided in 1984, the Garret F case in 1999, were 15 years apart but similar circumstances
- Garret F case affirmed what they had decided in Tatro case
- most of financial responsiblity falls into lap of school district, providing educational services and related services
- when related services are MEDICAL services, that is when this falls outside the responsiblity of the school
-- if it has to be performed by a physician, it is a medical service
-- if anyone else (like at the school) can provide the service, then the school must provide it
So review the Honig v Doe case on p. 532 of A&A for next time
Last diagram shows 3 concentric circles
- center of circles: IDEA (has money attached)
- next circle: Section 504 (has no money attached)
-- is counterpart to ADA (American with Disabilities Act), extends 504 coverage
any student who is a special education student (IDEA student) is also a 504 student
- can have students that are 504 but not IDEA
sectioin 504 ocvers students, employees, and parents (they are all in the 504 circle)
- employees also covered under ADA
largest circle then is the
What percent of school district students are special ed?
- 5%, 7%, 15% depending on district
504 eligiblity may be 10%, 15%, 20% depending again on different factors
- there is mobility in and out of these categories
larger circle is your entire student population
23 March 2005
Review of the Midterm examination
- when you get yours back, you will get Fred's comments in all caps
1st question
- most relied on the Tinker case for freedom of expression, most also brought up dress codes and student code of conduct
- then dealt with 4 parts of the question: Tinker part, and what Mr Cantrup wanted (removing student from his class for ever, this dealt with Chapter 37 and section 002 and a teacher's right to remove a student from class from short or long duration)
- 3rd point was suggestion for a 5 day suspension
-- this keeps you in same chapter
- 4th point is Mr Cantrup's request to ban the student from extracurricular activities (at least 25% of us found cases that spoke to this, including the Rutherford case on p. 215 in Kemmerer and Walsh)
Lousiana was going to pass legislation that required students in school to use "yes ma'am" and "yes sir"
- some responses on the midterm for this aspect were reminiscent of that proposed legislation
- issue of getting students to apologize could have been brought up
question: if it is protected speech, can you compel or persuade someone to do something like apologize
Mr Cantrup or you as an administrator would be hard pressed to prove "defamation" given the circumstances of midterm question #1
Range of scores for question 1 (worth 8 points) was 6.0 to 7.5 points
2nd question: have not graded all these responses yet
- this was worth 12 points, range of scores so far from 9.5 to 11.5, still have 6 more to grade
- have graded 32 of 37 midterms at this point, overall the scores have ranged from 15.5 to 18.5 at high end
3 big themes to address in this scenario
1- search and seizure and the possiblity of reporting child abuse or neglect
ON FINAL: we will likely have a question on censorship of school newspapers
- new current event in Dade county, neither student nor principal cited or seemed aware of the Hazelwood decision
Discussion of Special Education cases now
Rowley case is THE LANDMARK case in this area
- p. 499 on A&A
- statute in US Code passed in 1975 has not changed (see p. 500)
"the term 'free appropriate public education' means special education and related services which (a) have been provided at public expense, under public supervision and direction, and without charge, (b) meet the standards of the State educational agency, (c) include an appropriate preschool, elementary, or secondary school education in the State involved, and (d) are provided in conformity with the individualized education program required under section 1414(a)(5) of this title. -- Title 1401(18)"
Take from the Rowley case:
- FAPE in LRE (free appropriate public education in the least restrictive environment)
- these are two of the primary elements of the equation
- the A for APPROPRIATE is the key: what is the placement and what is provided to the student, these are the main points relevant to the finding if the district is in compliance
No state is required to follow IDEA just as no state is required to follow NCLB
- if a state wants the money, however, they are expected to comply
New Mexico elected out of IDEA in 1975 but still had to follow the constitutional requirements like due process, etc
- they drug their feet for 7 or 8 years and tried to withstand the federal pressure to stay on board
- all 50 states had to make separate and individual decisions about this
- back in 1975 the Federal gov't said they would fund the cost of special education up to 40% but they have never done this even to half...
Timothy W case: "zero reject case"
Next case: Oberti case on p. 508
- essence of the case:
Least Restrictive Environment for most children is regular classroom in neighborhood school
could an institutional placement be the LRC under IDEA?
- yes, depending on circumstances
most restrictive environment is at the other end of the continuum, usually an institutional setting
remember you have to start on left side of the continuum in LRE and work your way to the right, to more restrictive environment options
Florence case on p. 518, focuses on money
- US Supreme Court case, says reimbursement for the parents in this case was not out of the question even though the school where the parents put their child was not accredited
- the reason was, the public school was not providing an appropriate placement
- parents did recover costs in this case, even though they unilaterally placed their child in the private school setting
through 1990s and into the 2000s there have been more cases of parents who have acted unilaterally, parents have been losing with some frequency
- in 70s and 80s parents were tending to prevail more even when they acted unilaterally
Tatro case on p. 526 decided in 1984, the Garret F case in 1999, were 15 years apart but similar circumstances
- Garret F case affirmed what they had decided in Tatro case
- most of financial responsiblity falls into lap of school district, providing educational services and related services
- when related services are MEDICAL services, that is when this falls outside the responsiblity of the school
-- if it has to be performed by a physician, it is a medical service
-- if anyone else (like at the school) can provide the service, then the school must provide it
So review the Honig v Doe case on p. 532 of A&A for next time
Last diagram shows 3 concentric circles
- center of circles: IDEA (has money attached)
- next circle: Section 504 (has no money attached)
-- is counterpart to ADA (American with Disabilities Act), extends 504 coverage
any student who is a special education student (IDEA student) is also a 504 student
- can have students that are 504 but not IDEA
sectioin 504 ocvers students, employees, and parents (they are all in the 504 circle)
- employees also covered under ADA
largest circle then is the
What percent of school district students are special ed?
- 5%, 7%, 15% depending on district
504 eligiblity may be 10%, 15%, 20% depending again on different factors
- there is mobility in and out of these categories
larger circle is your entire student population
Posted: Wed - March 23, 2005 at 08:56 PM |
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Total entries in this category: 10
Published On: Mar 23, 2005 08:56 PM
Total entries in this category: 10
Published On: Mar 23, 2005 08:56 PM
