Special Populations: Legislation, Litigation, and Advocacy - Essay Example

Special Populations: Legislation, Litigation and Advocacy From a Special Education Aspect Q. 1 All students with moderate and significant disabilities must make a bus trip that is an hour long to commute to a school that will provide services to them…. What’s your interpretation of this practice? What are the specific issues involved in this practice that might violate the law. How would you address this specific issue? While transportation times may depend on the size and capabilities of the school district, an hour is generally too long of a commute for students with significant disabilities to travel. There may be exceptions, such as in rural areas where a limited number of locations within the district are set up to provide such services. “Special education transportation is defined in federal regulation (34 CFR. Section 300.34) as a related service” (California Department of Education, 2008). Therefore, if a student requires special education, transportation must also be provided at no cost. Several considerations should be made when placing a student in special education programs, with regard to transportation. Illnesses, exposure to extreme heat or cold, Medications and specific behaviors are among the most important. The student suffering From seizure disorders, for example, may be at greater risk on a longer ride to and from School. Capacity of specific vehicles used for transportation, risk of injury and safety are all additional considerations. Because of the various considerations, a one hour ride may be risky for most students receiving special education, particularly when any underlying health issues exist. “Special education transportation implies that the student cannot be safely transported on regular education school buses” (slc.sevier.org).Many unforeseen events can occur on the ride to and from school. Accidents, traffic tie-ups, unruly students and other disruptions greatly increase the likelihood of rides that may extend well beyond the one hour ride. While transportation drivers are often trained to handle medical and disciplinary Emergencies, it is unwise to increase the risk with an extended ride. It also becomes more difficult to rely on radio or dispatch services with longer rides. Some vehicles may venture Out of range of dispatch services, particularly in the event of road emergencies or detours Not only does this pose greater risk for students, it puts drivers at greater risk for potential risk as well, with less than optimal support to obtain emergency services, should they need to be contacted. With the risk of delaying emergency services, many potential scenarios could lead to disaster. Students with heart conditions or those with multiple food issues might suffer fatal medical emergencies, when drivers wander into unfamiliar territory or lose radio contact. Students whose behaviors put others at risk for harm or injury are more likely to become agitated with a longer ride home. A fifteen to twenty minute ride may be tolerable, while a longer ride may make a student irritable and more likely to act out or lash out at others. Students who lack the ability to reason in such instances pose a greater risk on longer rides. Drivers and support personnel may be more likely to use physical restraint that, even when Taught to use properly could impose greater risk of injury to students during transportation. From a Special Education Aspect Q. 2 Describe a brief scenario that demonstrates each of the discrimination in education: Exclusion: A student needs medical supportive care during the course of the school day, in order to remain in school. IDEA legislation requires schools to provide non-physician services in order to support the student during the course of his or her education. “In the past, disputes have arisen about whether, under these rules, a student has a right to health-related assistance by a non- physician that his or her school district deems too complex, intensive or costly” (dweb.org, nd). In 1999 the case Misclassification: Cedar Rapids Community School District v. Garret F, required the student to receive continuous tracheotomy and ventilator care throughout the school day. The school refused on the grounds that such care was too costly. The Supreme Court ruled that the school district must provide continued care, under IDEA, “the District must fund such `related services' in order to help guarantee that students like Garret are integrated into the public schools” (dweb.org, nd). In this case, it was deemed that the student had a right to an adequate education and the district must find a way to fund such education, even if it required continued nursing care. Misclassification: Misclassification is the placement of a student in special education services that are not necessary or the placement of a student in a classroom where special education services may more adequately serve the student’s needs. “Variables such as language, poverty, assessment practices, systemic inequities, and professional development opportunities for teachers have been cited as factors that play a role in disproportionate representation” (EMSTAC.org., nd). Many factors can influence the occurrence of misclassification. For example, a Hispanic student who speaks little English may be classified as mentally retarded. Evaluation may not have taken into consideration the cultural differences and language barriers that might face the child. Language barriers, culture, socio-economic status, race and lack of teacher or educator experience are all factors that may lead to misclassification of students, placing them in special education classes or programs that fail to meet their educational needs. School Scenario Question. 3 Mr and Mrs Black live about 7 miles from Strabane.  They have three children, two already attending the local 3 teacher school.  Their youngest child Ben has autism.  They had been hoping he could attend the same school as his siblings but they have said they don't feel they can cope, so reluctantly Mr and Mrs Black looked around for another mainstream school.  Because of his severe problems it proved difficult to find such a place.   Eventually a larger school with an impressive record of teaching children with special needs, agreed to take Ben on a trial basis although they did suggest he be placed in their special unit rather than in an ordinary class.  In P1 he was first allocated 15 hours a week support from a classroom assistant but despite this he still had tantrums where he screeched at the top of his voice, lay under the tables and wandered the room constantly.  His support was increased to 25 hours.  Despite this he was never able to stay in school beyond mid-day.  The year had been very difficult for the class teacher - she had had to restructure her whole class, sometimes having the classroom assistant leading the rest of the class while she attempted to teach Ben.  Despite regular entreaties to the parents they insisted he could cope with mainstream education, until eventually the principal was forced to tell them Ben would be suspended unless they agreed to placing him in the special unit attached to the school.  This they reluctantly agreed to do. Instructions: You are a special education consultant hired to review the programs offered by Strabane School. You have pulled Ben’s file. Review the scenario above and identify the areas that might create concern, for both Strabane and P1 (Public School 1). Identify the principles of IDEA (Individuals with disabilities education act) that are either being violated or not being enforced because of current school policy. Create a report with recommendations for compliance with FAPE (free appropriate public education), Appropriate , Assessment, and IEP (individualized education program) for this district. It can be a bulleted list . . . AND justify your list with legal challenges (at least one per recommendation) could be the same one for multiple recommendations ● According to IDEA, each student has a right to an education in the Least Restrictive Environment. ● Students cannot be excluded, including expulsion, due to lack of district or school resources, such as in the case of Ben’s classroom teacher. ● Students should receive services from the school the child would normally attend, or transportation must be provided at no cost to parents ● “During any subsequent removal that is for ten school days or less, schools provide services to the extent determined necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals of his or her IEP. In cases involving removals for ten school days or less, school personnel, in consultation with the child’s special education teacher, make the service determination” (www.ed.gov). ● The child cannot be removed for behavior that is a manifestation of a disability. “Manifestation determinations are only required if a school is implementing a removal that constitutes a change of placement” (www.ed.gov). ● Only when the child has established a pattern of having been removed for more than 10 days, can the school change placement of the student, such as in Ben’s case, from mainstream classroom setting to another environment. The principle cannot change Ben’s placement at this time, unless a pattern of removal for periods of 10 days has occurred. ● Ben should have an IEP that includes input from regular teachers and staff ● Ben should have a Behavior Action Plan incorporated into his IEP. It sounds like the teacher assistant may not have a specific plan in place. ● Ben’s IEP should include “a statement of measurable goals related to his needs, a statement of the child’s present levels of educational performance including how the child’s disability affects the child’s involvement and of the special education and related services and supplementary aids and services; and a statement of the program modifications or supports for school personnel that will be provided for the child” (ibid). In the above case, it appears as though a thorough IEP may not include such statements. The schools seems a bit unprepared to meet his needs. “Autism was added to the list of disabilities included under IDEA in 1990” ( University of Washington, 2005, p.11 ). Therefore, Ben is entitled to major services listed above. The Rowley standard(Rowley v. Bd of Education) is used to determine whether FAPE has been provided. It is a two part test used by courts to determine if a school district has designed an appropriate program for Ben under IDEA. If the standard has been applied to the last three points, then it can be determined that the student is receiving FAPE. References California Department of Education.(2008). Special Education Transportation Guidelines. Retrieved March 15, 2009 from http://www.cdce.ca.gov. EMSTAC. (2009). Disproportionality: The Disproportionate Representation of Racial and Ethnic Minorities in Special Education. Retrieved March 15, 2009 from http://www.emstac.org/registered/topics/disproportionality/index.htm. Disability Web, online. (nd). Related Services and the Medical Exclusion. Retrieved March 16, 2009 from http://www.dweb.org University of Washington. (2005). Free Appropriate Public Education for Students with Autism: Legal and Practical Considerations. Special Ed Law Quarterly, bulletin 2, p.11. Retrieved March 14, 2009 from http://wea.uwctds.washington.edu. U.S. Department of Education. (2009). Special Education and Rehabilitative Services: Legislation. Retrieved March 17, 2009 from http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ446.108 SLC. (nd). Special Education Transportation Services for Students with Disabilities. Retrieved March 16, 2009 from http://www.slc.sevier.org/spedtran.htm Read More