Case Study: Free And Appropriate Public Education

Improved Essays
During the due process hearing there were two key principals of the Individuals with Disabilities Education Act (IDEA) being challenged. Both were dependent on the placement of Stephen Jeffers, the boy with Autism that is at the center of the hearing. The law requires that students with disabilities receive a Free and Appropriate Public Education (FAPE) so one aspect of the case was determining whether or not placing Stephen in the public school at this time in his life was appropriate. The parents in the case argued that the Early School, a private facility for students with Autism, was a more appropriate placement for Stephen due to the severity of his disability. On the other hand, the public school district representing Maple School, …show more content…
I felt this because of her qualifications, her observations, and her demeanor. To begin, when asked about her qualifications the preschool teacher had to admit she was only on a provisional teaching license. This seemed damaging to the school’s case because it implied she was not the most knowledgeable due to her limited experience. I understand having a provisional license is typical of teachers but usually those that are new to the profession which makes one think she has not taught long and, therefore, may not know what the best approaches are to teaching children with autism. Also, in regards to applied behavior analysis (ABA) she was limited in her training and, what I found to be really hurtful to the case for the district, was that she participated in training through the Early School on ABA. This shows that the private school Stephen currently attends is an expert in this field. In addition, I felt that the preschool teacher had limited interaction with Stephen. She had only observed him on one occasion for a little over an hour to see how he interacted with a one on one aide. This does not seem like enough time to get a full picture of this particular student and how he might behave in a regular classroom setting. Finally, the preschool teacher seemed to become frustrated and angered when cross-examined by the attorney for the …show more content…
The man was very composed and had expertise in the matters he was discussing in regards to such a case as Stephen’s. He referenced multiple studies and seemed well read in matters of students with autism. He also did not dispute against different behavioral or teaching approaches but rather gave reasons why ABA is a widely accepted approach to teaching students with autism. Furthermore, the child psychologist spent the most amount of time with Stephen reviewing his case, evaluating and observing him, and talking with Stephen’s parents. This made me feel as if he had a much better understanding of the types of needs Stephen has and the behaviors he would emit in a public school setting. He also observed at the Maple School for half a day giving him a picture into what life could be like for Stephen in this particular setting. I also thought that the child psychologist gave actual reasons why he felt one placement would be better than another. He mentioned worrying over a lack of structure and routine at the Maple school and the amount of free time in this setting. This was a real concern of his in regards to Stephen because he mentioned that Stephen did not exhibit the behaviors outlined in his file due to the structure, routine, and possibility of redirection in the private school setting. His testimony seemed solid in my

Related Documents

  • Improved Essays

    Fry v. Napoleon is a court case that was taken to the Supreme Court after the process of appeals in Michigan Federal Court. This case deals with whether under Individual with Disabilities Education Act, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, if Elhena Fry is able to bring her service dog to school with her. At the time of the start of the process of this court case Elhena was only five years old and had just received her new service dog that had been trained to help ensure the Elhena was as independent as possible. Her service dog, Wonder, had been trained to assist Elhena with balance, retrieving dropped items, opening and closing doors, turning on the lights, and multiple other daily tasks Elhena could…

    • 921 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Keyana Case Study

    • 267 Words
    • 2 Pages

    CCIB Perryman-French received a call from Keyanna, her daughter Brooke White (DOB 09/04/10) attended this program over the summer. Keyanna works at another pre-school program and started to notice things that she knew were violations of regulations. After Keyanna signed her daughter into the program, she walked her daughter into the first classroom on the right past the office (usually before 730-8 am). There would be children there eating breakfast (various ages, including second and third grade children) and the teacher was not in the room. She asked a child who said the teacher was down the hall opening classrooms.…

    • 267 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Amy Rowley Case Summary

    • 436 Words
    • 2 Pages

    Historical Setting In a 1966 amendment to the Elementary and Secondary Education Act, the federal government began providing financial aid to states that provided education for children with disabilities. The program evolved into the Education of the Handicapped Act (EHA) of 1970. After a couple of lawsuits and an updated Act, the government determined that students with disabilities had the right to public education, and parents had the right to participate in the process (Wright, 2010). Amy Rowley, a first-grader with an auditory impairment, and her family filed suit against her school district in the Federal District Court after the New York Commissioner of Education affirmed the school district’s decision to refuse a sign-language interpreter.…

    • 436 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Katie Kelley, Lewis Kelley's mother, called this afternoon requesting additional information about an incident that occurred in your 8th period Advisory class. She states that Lewis was threatened with ASD, and that he isn't sure exactly what he had done. I explained to Mrs. Kelley that Lewis had not been assigned ASD, but that I'm pretty confident he must have been exhibiting undesirable classroom behavior for you to warn him about ASD as a potential consequence for his behavior. I informed his mother that I was unfamiliar with the incident, but I suggested that she speak with you to get a more accurate account of exactly what happened as opposed to just taking Lewis's version of events as gospel. I'm requesting that you attempt to make…

    • 140 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In 1993 there was a court case was brought into the light in reference to whether or not schools should be allowed to send students outside of the district to fulfill their educational needs. The case was called Oberti v. Board of Education and the plaintiff was Rafael Oberti who was an eight year old boy with down syndrome who was being told he needed to go to a school forty-five minutes away instead of the local school. The defendant was the Clementon, NJ Board of Education, who were the people telling the Obertis that Rafael needed to go to another school. The Obertis believed that Rafael could be included in his local classroom and that all of his needs could, and should, be met without having to attend a completely different school. Their…

    • 1115 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    I have chosen to discuss the Timothy W. vs. Rochester School district case. It appeared in front of the court on May 24, 1989. It was a lawsuit that was filed against the Rochester School district by Timothy W. Timothy W. vs. Rochester School district case was ruled by the U.S. First Circuit Court of Appeals. It ruled that under the Education for all Handicapped Children Act; now known as IDEA, school boards were required to provide special education services regardless of how big or little the disability is. This case is centered on Timothy W. Timothy was born two months early and shortly after suffered respiratory problems.…

    • 724 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Issue: Beth was 13 years old at the time of the case. Beth had been diagnosed with Rett’s syndrome which is a progressive disorder. In Beth’s case the Rett’s caused Beth to have little motor control such that she was confined to a wheelchair.…

    • 692 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Is Young's decision defensible? Why or why not? Young's decision is defensible because the school has to assure that the situation does not create a burden on the school.…

    • 531 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The 1980 court case, Armstrong V. Kline, drew from parents of children with exceptionalities becoming upset with the education system’s 180-day school year rule1. Beginning in January of 1980, they decided that enough was enough and they needed to do something before summer vacation came so, their child/children would not lose everything they learned during the school year1. The parents took on the court case, filing three class action lawsuits, all of which were against Caryl Kline, the secretary of education and chief official of the Department of Education1. The result of this particular case relieved me but, the fact it had to become a court case, I found to be absolutely ridiculous. Also, the terminology they used while describing the…

    • 751 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Honig vs. Doe (1988) In 1988, the concept of disciplining students with disabilities under the Education of the Handicapped Act (EHA), which is today considered the Individuals with Disabilities in Education Act (IDEA), was brought into question. The plaintiff, an emotionally disturbed (ED) child named John Doe, was suspended from school for choking another student. He claimed that his ED caused his misbehavior. As the school was deciding to expel him, they maintained his suspension.…

    • 1236 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Due Process Case

    • 725 Words
    • 3 Pages

    Due Process is a term used in the special education community to describe the process where parents may disagree with the program recommendations for the student by the school district. Under IDEA, there are two ways to resolve a dispute, mediation or fair hearing. A due process does not mean the student is removed from school. Both parties can still work together toward a common goal and many due process cases are dropped by the petitioner. Due process normally starts when a guardian feels that their student is not receiving a free appropriate public education (FAPE) that meets the requirements of the student’s IEP.…

    • 725 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Issue # 9: Merger of General and Special Education Position 4 delves into the matter of merging special education and general education. On the YES selection, Brownell et al believe that to address the “accountability” issue, teachers should acquire dual licenses in both special education and general education (pp. 160) and for special education teachers to use the RTI framework to provide instruction in Tiers 3 and 2 (pp 165). In contrast, on the NO selection, McLaughlin is concerned that a merger will alter the “…purpose of special education in schools” (Behan, pp 176). She feels that there should be a reexamination of IDEA 2004 as “…it is in the best interests of the children and youth with disabilities in American public schools for…

    • 281 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Due Process Hearing Essay

    • 839 Words
    • 4 Pages

    Parents of students with disabilities have a right to file a request for a due process hearing if there is some dispute regarding their child’s protections under the Individuals with Disability Education Act (IDEA). IDEA specifically states, “The parents involved in such a complaint shall have an opportunity for an impartial due process hearing.” Filing the request most often leads to a hearing which can be costly in both time and money. Currently, the hearing officer may legally have the option to dismiss some of the cases through the process of a prehearing, thus easing the backlog of cases. The premise of this article is to clarify when a case can be dismissed and to encourage the use of this process.…

    • 839 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This IEP meeting was for a student, whom I will call Laura, for an annual IEP meeting. She is an ELL student, so the meeting started with us waiting for about 45 minutes for the translator. She was late due to another meeting, and the mother spoke no English, so we had to wait patiently. Once everyone was in attendance, we started with introductions. The people in attendance at the meeting were as follows: special education teacher, general education science teacher, mother, interpreter, school psychologist, assistant principle, and myself.…

    • 874 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    1. What were the two main findings in the PARC Case (1971)? The case of Pennsylvania Association for Retarded Children (PARC) v. the Commonwealth of Pennsylvania consists in a sue against a state law which denied access to education to children with disabilities who have not reached the 5 year old mental developmental. The two main findings in this case are the right of students with mental retardation to receive free public education and, as long as possible, include this kind of students in a regular classroom rather than an isolated special class.…

    • 1319 Words
    • 6 Pages
    Improved Essays