Doe?
In this case, the Supreme Court was of the opinion that free and appropriate public education also applied to children having behavioral difficulties. Further, the Supreme Court also concluded that when a student's misbehavior has a definite connection to his or her disability, such a student should not be excluded from school.
11. Explain when a school must hold a "manifestation determination hearing"
A manifestation determination hearing is held when as a result of a disabled student's inappropriate or wrongful behavior, the school deems it fit to have the student removed. Amongst other things, the said hearing is held to determine whether there is a connection between the student's disability and his or her faulty behavior.
12. Explain when a school must develop a "behavior intervention plan" (BIP) for a student
A school must develop the above plan for a student when despite the implementation of interventions (classroom-wide or school-wide), the student with a disability continues to exhibit behaviors that not only interfere with his learning but also that of others; when the behavior of a student exposes the said student or others to injury or harm; when as a result of the student's behavior more restrictive programs are being considered by CPSE or CSE; and when it is established that a student's faulty behavior is as a result of his or her disability (New York State Education Department, 2011).
13. What is the definition of a "least restrictive environment" or LRE?
LRE as a concept essentially seeks to describe the mandate that whenever possible, students having disabilities be educated alongside their peers who are not disabled. More substantively, LRE on principle "states that children and youth with disabilities have a right to be educated in a regular education classroom with their peers without disabilities to the maximum extent possible" (Odom, Horner, and Snell, 2009, p. 577).
14. What is the definition of "related services?"
Related services are essentially all those services (extra help) that are ordinarily provided to students with disabilities in an attempt to ensure that they benefit/profit from special education....
Examples in this case include psychological and interpreting services.
15. What did the U.S. Supreme Court decide in Schaffer v. Weast (2005)?
The Supreme Court in this particular case held that the burden of proof was borne by the party that brought the suit (Oyez, 2013). The said party could therefore be the
school system or even the
parents of a disabled child.
16. What does the term "Response to Intervention" (RTI) mean for public school principals and teachers?
RTI is essentially a prevention system that seeks to enhance the achievement of a student while at the same time reducing behavior problems. It is important to note that how successful a RTI is largely depends on a unified approach to learning as well as
teaching. For this reason, teachers and principals are required to be collaborative in their quest to find solutions to any problems that may arise.
17. What did the U.S. Supreme Court decide in Winkleman v. Panama City School District (2007)?
To be determined in this case was whether a
parent who was not a lawyer could argue on behalf of his child or on his own behalf in a
federal court, under IDEA. The Supreme Court made a determination to the effect that "parents enjoy rights under IDEA; and they are, as a result, entitled to prosecute IDEA claims on their own behalf" (Oyez, 2013).
References
Merrell, K.W., Ervin, R.A., & Peacock, G.G. (2011).
School Psychology for the
21st Century: Foundations and Practices (2nd ed.). New York, NY: Guilford Press.
New York State Education Department. (2011, May). Behavioral Intervention Plans. Retrieved from http://www.p12.nysed.gov/specialed/publications/topicalbriefs/BIP.htm
Odom, S.L., Horner, R.H. & Snell, M.E. (Eds.). (2009). Handbook of Developmental Disabilities. New York, NY: Guilford Press.
Oyez. (2013). Schaffer v. Weast. Retrieved from http://www.oyez.org/cases/2000-2009/2005/2005_04_698
Oyez. (2013). Winkelman v. Parma City School District. Retrieved from http://www.oyez.org/cases/2000-2009/2006/2006_05_983
Oyez. (2013). Cedar Rapids Comm. Sch. Dist. V. Garret F. And Charlene F. Retrieved from http://www.oyez.org/cases/1990-1999/1998/1998_96_1793
Triano, S.L. (2000). Categorical Eligibility for Special Education: The Enshrinement of the Medical Model in Disability Policy. Disability Studies Quarterly, 20(4), 399-412.
U.S. Department of Education. (1999, March). Regular Education Teachers as IEP Team Members -- Topic Brief: Archived Information. Retrieved from http://www2.ed.gov/policy/speced/leg/idea/brief3.html
