Special Education Policy Case Review There are four sources of law in the United States, one of which is the rulings of judicial courts (Russo & Osborne, 2008). It’s these court trials and judicial opinions that determine how legislation is to be interpreted and applied because at times, legislation is ambiguous or broad or may not necessarily take into account the affects of preexisting legislation. As with all other types of legislation, lawsuits regarding special education occur and it’s the result of these laws that have determined how the Individuals with Disabilities Education Act (IDEA) is interpreted and implemented. Three cases, Doug C. v. Hawaii, PV v. Philadelphia, and Endrew F. v. Douglas County School District are recent cases that have led to current policy changes in special education.
Doug C. v. Hawaii Under IDEA, at least one parent must be present at IEP meetings, if not, parents may also participate via telephone conference (34 C.F.R. § 300.322). IEP meetings may be held without a parent present but schools must show that every effort was made in order to include the parent in the IEP meeting (34 C.F.R. § 300.322). In the case of Doug C. v Hawaii, Doug C. was not able to attend an IEP meeting for his son that was schedule to take place before the annual review deadline (Doug C. v. Hawaii, 2013).
The Department determined that Spencer, who was diagnosed with autism at age 2, was eligible for services and in 5th grade he was placed in a…