12/13/2019 0 Comments
The Educational System - Essay Example
The employees as a result, are left to virtually fend for themselves. "General Rule: The State and its agencies, departments and political subdivisions are not liable for the tortuous conduct of their employees," (Evans p.3).
The Individuals with Disabilities Education Act is described as, "a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities. It addresses the educational needs of children with disabilities from birth to the age of 21. ," Adding that, "The IDEA is considered to be a civil rights law. However, states are not required to participate. As an incentive and to assist states in complying with its requirements, IDEA makes funds available to states that adopt at least the minimum policies and procedures specified in the IDEA regarding the education of children with disabilities. Since its inception, all states have chosen to participate. The IDEA was formerly known as the Education for All Handicapped Children Act but has grown considerably since. IDEA became a federal standard by an act of Congressional adoption in 1975 but has been amended many times since. The IDEA was most recently amended in 2004, which was a significant update," ("Individuals" p.1).
The following are brief examples of some of the litigation that has come from this law;
Schaffer v. Weast: On November 14, 2005, the Supreme Court held in Schaffer v. Weast, 126 S.Ct. 528, that moving parties in a placement challenge hold the burden of persuasion. While this is an accord with the usual legal thinking, the moving party is almost always the parents of a child.
Arlington v. Murphy: On June 26, 2006 the Supreme Court held in Arlington v. Murphy, 126 S.Ct. 2455, that prevailing parents may not recover expert witness fees as part of the costs under 20 U.S.C. 1415(i)(3)(B).
Such as with almost any other child, disciplinary action is a complex matter for any school official when it pertains to the students within their school system. For the discipline of a student that happens to have a disability, "Pursuant to IDEA, discipline of a child with a disability must take that disability into account. For example, if a child with Asperger syndrome is sensitive to loud noises, and if the child runs out of a room filled with loud noises, any discipline of that child for running out of the room must take into account the sensitivity and whether appropriate accommodations were in place. According to the United States Department of Education, for children with disabilities who have been suspended for 10 days total for each school year, including partial days, the local education agency (LEA) must hold a manifestation determination hearing within 10 school days of any decision to change the placement of a child with a
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