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Board of Ed.

of Hendrick
Hudson
Central
School v.
Rowley, 488
US 176(1982

Facts

Legal Questions
Amy is in kindergarten
She has minimal hearing Should Amy receive an
interpreter?
and excels at lip reading
Parents are both deaf
Does Amy need an Interpreter to
Staff was trained in sign
adequately receive FAPE?
language
Teletype machine was
installed to communicate Who decide what an appropriate
education is?
with her parents
FM hearing aid system was
installed
Successfully completed her
Kindergarten year
They offered her additional
supports like a tutor and
speech services
Interpreter felt Amy did not
need his services at this
time
Was achieving
educationally,
academically, and socially
w/o an interpreter
assistance

For- Giving an interpreter

Free appropriate public


education must be given
to a child with a disability
An interpreter would help
her better understand
classroom content
understands less than
she would
is not learning as much
or performing as well as
she could
needs to be given the
best opportunity to
achieve

For not giving an interpreter

remarkably well adjusted


child
develop extraordinary
rapport with teachers
she performs better than an
average child in her
classroom
advancing from grade to
grade
her ability to achieve
academically,educationally
and socially show her
education is appropriate
Supportive services mean

who decides the


appropriateness of a
proper education

what a child needs to


benefit from an education

Court Decision
The court ruled Amy did not need an Interpreter to receive FAPE.

Facts
Irving
Spina Bifida/ 8yrs. old
Independent
Was 3 when case
School
occurred
District v.
Orthopedic/Speech
Tatro, 468
Impairments
U.S. 883
Neurogenic bladder/ Cant
(1984)

Legal Questions
Should the school be responsible
to provide a CIC?
Is a CIC a related service?

Is a CIC a medical service?


go independently
>1hr. Training is required to
administer a CIC
District agreed to provide
Special Education Services
Designed and IEP for EC
with PT and PT as related
services

For- Giving the CIC


For not giving the CIC
Amber Needs to attend
May be excluded as a
school
medical service
A CIC has to be given by
May take a doctor to
a trained professionalcomplete the procedure
like a school nurse
FAPE-Does not mean Best
Schools need to provide
Maybe she could leave
FAPE for funding
every 3 or 4 hours to have
A related service is one
the procedure completed off
that is required or an
school premises
individual to benefit for
Paid person must give it- $
special education.
Specialty- specialty pay

Its all about creating


access
It would help her to stay
at school
A CIC is not a medical
service provided by a
physician it is only
prescribed by a
physician.

Court Decision
Yes, it is a supportive service because without it Amber could not
attend school, therefore she could not benefit from special
education.

Honig v. Doe, Facts


John Doe- EBD
484 U.S. 305
Impulsivity and Anger
(1988)

control issues
17 yrs old
Explosivly responded to
another student by hoking
them hard enough to leave
abrasions on their neck,
then kick out a window as
he was escorted to the
office
Suspended for 5 days
The school decided to
recommend expulsion
Suspension is to continue
indefinitely until resolved

For- Expelling the student


Dangerous to other
students
dangerous exception
clause
Past history as noted on
his IEP
Fair- regardless of

Legal Questions
Does a long suspension constitute
as a change in placement without
team/parent approval?
Should John doe be expelled for
choking a student and kicking out
a window?
Does the suspension violate stay
put in IDEA when suspended
indefinitely?
Would expulsion violate the stay
put provision in IDEA?

For- the student remaining in his


placement
EBD
Their is a plan in place
Positive interventions
May wreck his life after
school
MAy not finish school

disability it is a school
rule- How would another
child be punished
Once he was physical to
another student he
infringed on their rights of
having a safe
environment
Our his rights impeding
the rights of the other
students
His rights are not above
the other students
Affect maintaining a safe
learning environment for
all outweighs his FAPE

FAPE he has rights


Cannot change placement
without an agreeing team
participation
He needs to receive an
education to be a
functioning member of
society

Court Decision
No it did not violate the stay put provision by being a change in
placement
No the student can not be expelled due to a direct behavior caused
by his disability
Facts
Foley v.
Parent chose to send their
Special
child to a parochial school
School Dist.
after a special education
of St. Louis
evaluation and
County, 153
recommended service
F.3d 863
were discussed
(1998)
Public school is 1 mile

away
Clare is 11 yrs old/ mild
mentally retarded
Enrolled at St. Peters
Catholic School
Team determine she
qualified for special
education and related
services OT/PT/ and
Speech
They then demanded the

Legal Questions
Should Clare receive the services
at the Parochial School?
Does she have rights to Special
Education services at a private
school?

service be given at the


parochial school
The public school offer a
partial enrollment at their
school and transportation
so she could receive the
services she qualified for
The Fowleys placed Clare
there after being offered
FAPE

For Clare receiving services at


the Parochial school
Parents choice in
choosing a school
Logical placement
Fair
Small class size will
benefit the child
1 mile away the school
can travel-minimal cost
involved
FAPE??
The child needs the
services
Child first education
philosophy
Childs right to services

For Clare receiving services at the


public school
FAPE is public
Public school offered partial
enrollment and
transportation
Parents knew the student
qualified prior to choosing
schools
Cost of travel- $ too much
for the school district
Private school no longer
falls under the jurisdiction of
the law
Legal rights are different
when attending a private
school
Student rights do not apply
at the private school

Court Decision
The public school does not have to provide service at the Parochial
School

Facts
Legal Questions
Beth v.
Beth is 13 yrs old- Rhett's
VanClay, 282
Was the IEP adequate under IDEA
Syndrome
F.3d 493
Experts argue that she has
(2002)

the mental capabilities of a


12-18 month old infant,
others say closer to a 4-6
year old child
Mental and physical
challenges
Parents care and are
actively involved in her
education
Non-verbal/ uses an Eye
gaze for communication
Wheelchair
lack of body control
Communication and Motor
impairments
Been with her peers at her
home school
In 7th grade
42 minute classes
Aides move Beth from
class to class
Cant read or recognize
numbers
1:1 aide since first grade
Been working on
individualized curriculum at
a preschool level, like
numbers and current
weather
PArticipation is nonexistent
ELS has been
recommended since 2nd
grade
ELS is at a neighboring
school
ELS programs have a 1:1
teacher and 6-8 students
per class
She would be

Should beth be kept at her home


school in a full inclusion model?
Should Beth be place at a
neighboring school in an ELS
placement?
Does an ELS placement violate
her rights according to LRE?

mainstreamed for specials,


science, social studies and
other extra activities
Kids also come into the
classroom for peer
interaction

For Keeping Beth at her home


school in a full inclusion model

For Transferring Beth to a


neighboring school into an
ELS/mainstreamed placement
Some educational benefit
Academic progress
When she is in the
nonexistent
classroom she may be
Developmental progress
learning something VS. If
limited
she is not she is
look and touch does not
guaranteed to learn
equate to a satisfactory
nothing
education
Full inclusion in order to
With supports like aides,
meet LRE
communication devices,
She is progressing at
computerized books,
simple commands like
individualized curriculum,
look and touch
she is still making little to no
Full inclusion is the least
progress
restrictive
The placement in ELS
Exposure to content
would be appropriate for
where she may be
FAPE and LRE
gaining something
School has the experts and
the know what they are
doing
The school holds years of
evidence
LRE- means maximum
extent appropriate with
peers

Court Decision
The court agreed that the ELS placement satisfies FAPe
The ELS placement would not violate LRE
Schools recommendation to place Beth in ELS does not violate
IDEA