Essay On Parental Rights And Due Process

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The topic of parental rights and due process is a complex issues. It is something that has been debated by educational professionals, scholars, and even the American court system as a whole. Before the EAHCA of 1975 the law had very little written in regards to due process rights, and many times school officials were the only people making decisions for disabled students. Parental input was limited at best (EAHCA, 1975). Below I will discuss a specific court case that involves parental rights or due process, including what parties were involved in the case, what issues brought this case to the court system, what the main points of the disagreement were, when and how the case was adjudicated, what the final outcome was, and finally I will explain whether I agree or disagree with the overall outcome of the case.
In today’s world, the topic of due process and parental rights is still a major factor in how decisions are
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Often times school districts and parents will work together to find an outcome that best serves the student, and allows the student to receive a free and appropriate public education. However, this was not always the case. The Individuals with Disabilities Education Act added more than a few revolutionary procedures and regulations that saw parents of children with disabilities granted an unprecedented amount of rights, mainly due to an impressive amount of litigation (IDEA, 1997). Take the case of Zachary Deal v. The Hamilton County Department of Education. In this case, the parents of Zachary Deal, Mr. and Mrs. Deal, were at odds with the HCDE (Hamilton County Department of Education) regarding a perceived failure to provide Zachary with an appropriate education. Mr. and Mrs. Deal brought this case to court because they believed that Zachary was making progress at home using the Lovaas style ABA program, a program that the parents had researched and implemented at home, due to the

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