Student education outcomes and factors

¶ … Student Education

What were the two main findings in the PARC Case (1971)?

One of the key findings in the PARC v. PA (1971) case was that failure to provide students having mental retardation with access to public schools went against the Fourteenth Amendment's equal protection clause. The second key finding in this case was that failure to provide parents with notification regarding evaluation essentially offended the due process clause. Amongst other things, the court directed all school districts to not only identify but to also teach children with mental retardation.

Identify by exceptionality the students who were eligible for Exceptional Student Education under the provisions of the Education for all Handicapped Children Act (94-142) passed in 1975

As far as eligibility of "handicapped children" into schools that were state supported or operated (after the amendment of ESEA's Title 1) was concerned, P.L. 91-230 had as at 1970 embraced eligibility categories that were largely medically-based. Five years later, the same eligibility categories were according to Zettel (as cited in Triano, 2000) "incorporated into P.L. 94-142, the Education for All Handicapped Children Act of 1975." Only a few minor changes were made. In this case, the said medical classification as the Education Policy Research Institute (as cited in Triano, 2000) points out observed that:

the term "handicapped children" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled or other health impaired… the term also includes children with specific learning disabilities to the extent that such children are health impaired.

3. Do the parents have to pay for the education if their disabled child attends a public school?

Thanks to the Education for All Handicapped Children Act, children who happen to be disabled have a right to appropriate and free public education. For this reason, parents of disabled children do not have to pay for their children's education if the said children attend public school.

4. Why is a regular education teacher included in the IEP (Individual Education Plan) team?

A regular teacher gives valuable suggestions on how the progress of a child in the education curriculum can be aided by the plan. As the U.S. Department of Education (1999) points out, the regular teacher is in this case expected to amongst other things participate in discussions and offer suggestions on how best the child can be taught. In the words of the U.S. Department of Education (1999), "the teacher must, to the extent appropriate, participate in the development, review, and revision of the child's IEP…"

5. Define the term, "appropriate education"

Appropriate education is instruction tailored to address the various unique and specific needs of children who happen to be handicapped. Instruction must in this case be supported by services that make it more likely for a handicapped child to profit from such instruction.

6. Define the term "Individual Education Plan" or IEP

Once a given child's eligibility for special education is ascertained, the process of identifying the individual needs of the said child begins. These needs and services are outlined in an Individual Education Plan -- IEP, a document developed through sustained team effort.

7. What did the U.S. Supreme Court decide in the Rowley Case?

The Supreme Court in this particular case came to the conclusion that "the IEP should be 'reasonably calculated' to allow a child to progress; however, it does not require the state to 'maximize the potential' of each student with a disability" (Merrell, Ervin, Peacock, 2011, p. 129).

8. What did the U.S. Supreme Court decide the school had to provide in the Tatro Case?

In this particular case, it was the decision of the court that without the CIC procedure, Amber would not be able to attend class. For this reason, the little girl would miss out on special education, i.e. she would not benefit from the same. According to the court, CIC could be provided as a related supportive service because it was not essentially a medical service, i.e. It did not require a medical doctor.

9. In Cedar Rapids v. Garret, the U.S. Supreme Court decided that the school had to do what for the student?

In this particular case, the Supreme Court ruled that the school was obligated to pay for Garret's nursing assistance (one-on-one). More specifically, the court ruled that "if the services in question are 'related' to keeping the disabled child in school and able to access educational opportunities available to others IDEA funded school districts must provide such services" (Oyez, 2013).

10. What was the decision of the U.S. Supreme Court in Honig v. 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).