Individuals with Disabilities Education Improvement Act Cases Analysis Read the case study provided at the end of the chapter on pp.181-182.Answer the foll

Individuals with Disabilities Education Improvement Act Cases Analysis Read the case study provided at the end of the chapter on pp.181-182.Answer the following questions:Argue for or against an alternative placement for Samantha and (Elvira).Clarify the legal question.Use ISLLC standards, the manifestation determination review procedures outlined in this text or other sources, the behavior intervention plan in place, the concept of FAPE, and ethical principles to justify your answer.!!!NO Plagiarism!!!! Chapter 9 • Children with Disabilities (IDEIA)
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of the disability. Like IDEIA, 504 defines a FAPE as regular or special education and
related aids and services designed to meet the qualifying student’s needs. In order to
qualify for services, a student must be determined to have a physical or mental impair-
ment that substantially limits one or more major life activities. Temporary physical dis-
ability does not qualify for 504 services. Section 504 excludes any student who is
currently engaged in illegal drug use. However, Section 504 does allow for disciplinary
action for drug or alcohol use to the same extent as nondisabled children in the district.
The Office for Civil Rights (OCR) enforces Section 504. When receiving complaints,
OCR provides technical assistance to school districts or parents to ensure compliance
with the law and regulations. OCR does not engage in formal mediation services. Rather,
OCR offers to facilitate mediation, referred to as “Resolution Between the Parties,” to
resolve complaints. Both parties must agree to this approach. If all efforts at dispute
resolution fail, OCR is empowered to initiate administrative proceedings to terminate
federal funding or refer the case to the Department of Justice for judicial proceedings.
Section 504 requires a committee of persons knowledgeable about the student,
the meaning of the evaluation data, and placement options to determine eligibility and
related aids and services for qualifying individuals. As in IDEIA, the committee must
use a variety of evaluative data, and all significant factors related to the student’s
learning process must be considered. It is unacceptable to use culturally biased evalu-
ations or to depend on stereotypes in decision making.
Districts are required to obtain parental permission for initial evaluations. Sec-
tion 504 requires periodic reevaluations. Reevaluations are also required before a signifi-
cant change of placement. OCR considers a suspension or expulsion from the educational
program of more than 10 school days a significant change of placement. Transferring a
student from one type of program to another (to an alternative school, for example), or
significantly reducing services, is also considered a change in placement by OCR.
Summary
Children with disabilities present special chal-
lenges to parents, teachers, and school leaders.
This challenge, however, in “no way dimin-
ishes the right of individuals to participate in
or contribute to society.” In addition, these
challenges should in no way diminish the legal
and ethical obligation to make a quality educa-
tion available for each and every child entrusted
to our care. Unfortunately, disputes regarding
the definition of an appropriate education are
common. Special education is the most heavily
litigated area of school law. Parents and their
children with disabilities have well-defined
legal rights and clearly articulated procedural
due-process rights. Consequently, the legal
rights of children with disabilities should never
be ignored out of expediency, personal bias,
or ignorance.
CONNECTING STANDARDS TO PRACTICE
THE CASE OF THE RIVERBOAT HIGH SCHOOL CAT BURGLAR
Samantha Stone was a delightful and talented
blue-eyed, raven-haired senior who had parlayed
her skill as an actress, dancer, and writer into
a scholarship to an Ivy League college. By all ac-
counts, by age 8 Samantha had been able to read
and comprehend at a 12th-grade level. Her math
182 Chapter 9 Children with Disabilities (IDEIA)
skills, however, were very poor. Samantha reversed
numbers and had great difficulty with even the
simplest math problem. By her parents’ request,
she was tested by the district. Her first IEP called
for resource math and inclusion in all other areas.
Samantha’s split personality became evident
at age 10 when her mother and father divorced.
Samantha was Dr. Jekyll: witty, smart, engaging,
and irresistible to anyone she met. Her alter ego,
dubbed Elvira by her teachers, was Ms. Hyde. Elvira
was crude, profane, and flaunted her sexuality to
both male and female students and young teach-
ers. During grade school and middle school, her
split personality created a continual problem with
her teachers, and she was unmercifully teased by
her peers. She was often sent to the office and
spent countless hours in detention for her behav-
ior. Her middle school principal believed she was
faking her illness for attention. However, her trou-
bles brought her mother and father together in a
common cause to protect their daughter from the
teasing, uncaring teachers and unfair treatment
by the principal. Samantha’s father exhausted
what assets he had on psychiatrists and counselors
for Samantha. Eventually she was diagnosed as
emotionally disturbed in addition to learning disa-
bled in math. Her IEP now contained a behavioral
intervention plan for ignoring and isolating Elvira
until Samantha returned. As Samantha progressed
through high school, her split personality became
much more controllable and Elvira, no longer the
center of attention, rarely emerged.
The reports of missing items had started
slowly. At first, the items reported missing were
pens, calculators, library books, and similar things
that assistant principal Tommy Thompson natu-
rally believed were simply lost by inattentive stu-
dents. However, as the reports escalated, Tommy
began to suspect a larger problem. His fears were
confirmed when more expensive items including
leather jackets, cell phones, jewelry, and MP3 play-
ers were reported missing. Parents were calling al-
most daily to complain about the lack of discipline
in the high school. Principal Tara Hills and Tommy
spent large amounts of time in the hallways, locker
rooms, and parking lots and reviewing surveil-
lance tapes in an attempt to either catch or dis-
courage the perpetrator. All of their efforts were
fruitless, and the thievery continued to escalate. In
exasperation, Tommy had dubbed the culprit the
Riverboat Cat Burglar. Tara failed to see the humor
in his remark, but the sobriquet stuck.
After several weeks of fruitless efforts,
Sharon Grey received a call from Tara Hills. “Could
you come by Tommy Thompson’s office? I think
you need to hear this.”
When Sharon entered Tommy’s office,
Samantha was sitting in a chair, crying. “I told her
not to do it,” sobbed Samantha.
A look of recognition came across Sharon’s
face. Looking at Tommy she said, “Uh oh.”
Almost immediately, Elvira appeared, her
blue eyes blazing with anger. In profane and
earthy language, Elvira said, “She’s lying! Miss
Goody Two-Shoes is always trying to get me into
trouble! I hate her!”
After several more profanity-laced outbursts
heard throughout much of the school, Samantha
returned and directed them to her car in the
school parking lot. A quick search of the car re-
vealed numerous stolen items. Tara Hills called
Samantha’s father and suspended her for 10 days
pending a manifestation review. After the first 3
days of her suspension, Samantha’s father called
Sharon Grey at the central office. Samantha’s fa-
ther had been direct. “Ms. Grey, I have contacted
Samantha’s mother and my attorney. We contend
that Samantha’s offense was a manifestation of
her disability. We also contend that an alternative
placement that does not include access to college
English, AP American history, and creative writing
will not provide her with an appropriate educa-
tion under the law. We acknowledge your right
to change Samantha’s placement for 10 days. Any
further change of placement will force us to seek
a due-process hearing and potential appeal to the
federal district court.”
Question
Argue for or against an alternative placement for
Samantha (and Elvira). Clarify the legal question.
Use the ISLLC standards, the manifestation deter-
mination review procedures outlined in this text
or other sources, the behavior intervention plan in
place, the concept of FAPE, and ethical principles
to justify your answer. Write a memorandum to
the superintendent or school board president sup-
porting your recommendation.

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