M4 Legal Case Study Assignment

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Hill College *

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3305

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Computer Science

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Dec 6, 2023

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Carissa Day Martinez EDTP 3305 11/29/2023 M4 Legal Case Study Assignment 1. Did the district illegally change Bryson’s programming between 5th and 6th grade (reducing 120 minutes of services per day to 50 minutes per day)? Provide 3 or more examples and to support your reasoning. Yes, the district did illegally change Bryson’s services. Based on the case study it was shown that the district made several mistakes. For example, it is not explicitly stated that the school conducted an annual IEP meeting to review Bryson’s services and his progress. In the U.S. Supreme Court Decision of Endrew F. v. Douglas County School District Re-1 the decision was that “If a child is not making progress at the level the IEP Team expected, despite receiving all the services and supports identified in the IEP, the IEP Team must meet to review and revise the IEP if necessary, to ensure the child is receiving appropriate interventions, special education and related services and supplementary aids and services, and to ensure the IEP’s goals are individualized and ambitious,”(Endrew F. v. Douglas, pg.8). Since Bryson has not been progressing since being placed in special services we can conclude that the district has not been following this protocol. While the district claims that the parents were involved in the creation of the agreed upon IEP, the parents claim that there was no formal plan for reducing the number of services provided and that Bryson is due back services as a result. According to the Supreme Court's decisions in Hendrick Hudson Central School District Board of Education v. Rowley (1982) and Endrew F. v. Douglas County School District, they emphasized the importance of the collaboration between the school and a student’s parents throughout the whole IEP process (Iris Center, pg.2). Finally, the IEP did not include considerations of Bryson’s behavior needs. Although the district indicated that there were no behavior problems prior to 6th grade it was documented that he struggles with communication, coping, and social skills. It’s also noted that he has trouble controlling his emotions in an appropriate manner and he does not always interact with others in an age-appropriate way. The Endrew F. v. Douglas court case states that “IEP Teams must consider and, if necessary to provide FAPE, include appropriate behavioral goals and objectives and other appropriate services and supports in the IEPs of children whose behavior impedes their own learning or the learning of their peers,” (Endrew F. v. Douglas, pg.8). As a result of all evidence presented it can be concluded that the district illegally changed Bryson’s services. 2. Should Bryson be moved to a special program for emotional disturbance at another school? Provide 3 or more examples and to support your reasoning. Based on the review of Bryson’s case studies it can be concluded that Bryson does not need to be moved to a special program for emotional disturbances at another school. Firstly, it is unreasonable for Bryson to be moved to a placement that is an hour away from his home. According to the Center for Parent Information & Resources, a student should be placed as close to their home as possible (Center for Parent Information & Resources, 2022, para 11)
Carissa Day Martinez EDTP 3305 11/29/2023 M4 Legal Case Study Assignment In the case study, it also mentioned that Bryson showed no signs of an emotional disturbance in previous grades. Therefore, we can conclude that his outbursts are most likely not due to an emotional disturbance but an environmental factor or lack of special services. The IEE Evaluator on the case study also noted that Bryson is “easily frustrated because he is so far below the level of the rest of the class.” This supports the idea that Bryson is not emotionally disturbed but instead, a discouraged child who has been allowed to fall farther behind every year due to inadequate services being provided. Lastly, according to the parent’s positions, they argue that the behavior problems that Byson demonstrated were the direct result of the improper programming provided by the district. This reasoning is supported by the fact that Bryson did not show signs of behavioral issues until the past year when his special education services were cut in half. Hence, it is unreasonable to move Bryson to a special program for emotionally disturbed students.
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