Florence County School District - Research Paper Example

Florence County School district vs. Carter 1993 "In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity... is a right which must be made available to all on equal terms." (Brown v. Board of Educ., 347 U.S. 483, 493. 1954) But a question arises in ones mind that what if a child cannot be imparted education like the rest of the children around him/her? What if that child has some sort of learning disability that restricts him/her to grasp ideas as quickly as others? Such children surely deserve and require better learning opportunities designed according to their needs, and they have the right to get this education from the public sector schools. These issues consequently made the Congress to pass an act in 1975 which is known as Individuals with Disabilities Education Act. This act assured that all the children, no matter what learning disability they have, are permitted to receive free and appropriate public education. Shannon Carter was a student in the 9th grade at Timmonsville High School in Florence County School, South Carolina. This was the time when her parents were told that their daughter would not be given education in a special education classroom, as she was suffering from dyslexia, rather she would be introduced in an Individualized Education Program (IEP) which would be in accordance with the Individuals with Disabilities Education Act. Shannon was way behind her peers in education. When she entered high school, her reading ability was at the 5th grade level. The Individualized Education Program promised that by the end of the year she would be reading on level 5.8, as her current level was5.4, it meant that Shannon would make four months progress in reading after a complete year. This confirmed the fact that she would be left further behind her class mates. This was rather not acceptable to her parents, Mr. & Mrs. Carter. They wanted her child’s reading skills to be on the grade level by graduation. The Carters requested the school authorities to take more intensive and concentrated program for Shannon, but the school refused to do so. They requested the authorities a special education due process hearing. There, the parents of Shannon Carter demanded funding for Trident Academy, a school that specialized in imparting education to children with language learning disabilities. But the hearing officer did not accept the Carters request. He was sure that the IEP was the best option for the child and it was rightly designed to meet her educational needs. The Carters then requested for a review hearing and enrolled their daughter in the Trident Academy. But yet again the decision went against them and they eventually decided to file a civil suit against the public school in the Federal District Court. In January 1988, United States District Judge Houck had a complete assessment of the previous hearings. Besides he also had additional testimony from people representing both the parties that is the Carters and the School District. After two years of hearings and court procedures, he eventually decided that the School District’s program was completely inappropriate. Shannon Carter had shown great progress in her studies at the Trident Academy which was a proof to the fact that the girl had immense talent and the program designed by the School District would not have enabled the child to make the most of her talent. The School District appealed against the decision, claiming that their designed Individualized Education Program was best suited and valid. In return they raise a new issue and charged the allegation that even if the School District failed to provide Free Appropriate Public Education, the court should still deny the parents’ claim for compensation because the Trident Academy was not on the list of approved special education institutes of South Carolina. But unlike the other states of America, South Carolina did not have any pre-existing list of such approved institutes. The government of South Carolina used to figure out this thing on case-by-case basis. It came into the court’s knowledge that neither the School District nor the Carters had come up to the State Department of Education to seek its approval for the choice of their schools. Regardless the new argument raised by the School District, the Fourth Circuit confirmed the holdings of the lower court and decided that the Individualized Education Program failed to meet the minimum requirements of Individuals with Disabilities Education Act. And hence the Carters were permitted to get complete compensation and settlement, irrespective of the fact that Trident Academy had not been approved by the State Department of Education of the handicapped. The Fourth Circuit also said that the Individuals with Disabilities Education Act do not openly permit compensation for the one sided placements done by the parents. But the Act has given court the authority to grant a reimbursement whenever and wherever the court finds it appropriate. The Fourth Circuit also declared that the School District did not understand the Act and misread it by arguing that parental compensations are only allowed in situations where the student is placed in a private school approved by the state. Such a requirement would only be applied if the student is placed by the state or local school system in any private school. The case was then taken to the Supreme Court of the United States of America. Justice O`Connor, writing for a combined court made it clear the court’s augmentation of the standard it has set some years back in another case. Four main points were appeared clarifying the issue that whether private education could be compensated when a school district fails to fulfill and obey the Individuals with Disabilities Education Act’s Free Appropriate Public Education doctrine. The Court emphasized on the need that all private Individualized Education Program should be designed and reviewed by the Secondary Education Act. Second, the Court canceled its previous interpretation of the Individuals with Disabilities Education Act, which made it compulsory that all private placements must comply with the State Education standards. Third, the Court addressed the expected financial burden that its decision would have on the school districts across the country. Finally Justice O`Connor briefly stated that the Court has found out that parents are not banned from public compensations just because the school they choose for the enrollment of their children do not make use of the Individuals with Disabilities Education Act standard of evaluation, or the practices of the school are not reviewed or revised by the local agency for education. Public education authorities who are willing to avoid any compensation claimed by the parents for the private educate of a disabled child can do one of the following two options. They can either give the child a free appropriate public education in any public sector school or can place the child in any private sector school of the State’s choice. The Supreme Court of America made it clear that parental compensation, by no means, becomes compulsory after they place their child in a private institute. It should be first shown that the public sector Individualized Education Program was not up to the standards and was inappropriate for the needs and requirements of the child, and also the placement of the child done by the parents is proper and suitable under the Individuals with Disabilities Education Act. The Supreme Court of America also stated that even if the public school does not succeed in fulfilling its responsibility to provide a Free Appropriate Public Education, if the resulting one sided placement is eventually determined to be unsuitable and inappropriate, no compensation will be awarded. Hence the Supreme Court ruled the case in favor of the Carters 9-0. The case had immense significance in the days to come. It was now made clear that each and every student deserves the right to proper education and utmost opportunities and resources should be provided to meet their educational needs. No matter what disability they are suffering from, the public sector is solely responsible for their education. And they are supposed to take whatever actions are required to meet their responsibilities. Children with disabilities are now a part of the regular education classroom, which guarantees them the same opportunities as everyone else. These students are now not discriminated only because they have some sort of learning disability. School Districts are supposed to put into account all the resources they have for the benefit of their students with disabilities or not. Although it is extremely tough and very challenging at times, yet the teachers should strive hard and give their best shot in order to abide by the requirements of the Individualized Education Program to make sure that each and ever student make progress at a pace which is best suited for him/her. References 1. American public school law by Kern Alexander, M. David Alexander, 2005, page 518. 2. Essential concepts & school-based cases in special education law by Charles J. Russo, Allan G. Osborne, 2007, page 257. 3. The law and special education, by Mitchell L. Yell, 2006. 4. Education Law, by Charles J. Russo, Ralph D. Mawdsley, 2002, page 5-18. 5. Florence County School District Four v. Carter, A good IDEA; Suggesting for Implementing the Carter Decision and Improving the Individuals with Disabilities Education Act., by Heather J. Russell, Read More