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Special education

In the case, Student vs. North West Independent District, the student qualified for special education as a student with the demonstrative disorder, specific education disability, language/speech deficiency and other health diminishing disabilities. The student exhibited increasing negative activities after entering the program during the 2010/11 school year, together with work negation, frequent belatedness and absences, non-compliance, and intimidating behavior in the direction of staff members of the school. Assignment in the school’s off-site, expressive support setting for the period of the 2012-13 school year was not fruitful. The student’s non-compliant performances augmented to a point where they were “entirely overwhelming by any means.” The school tried to find to refer the student to an accepted private school (APS), but the father did not approve. Troisi-Paton (2005) notes that the school filed for due process in quest of an order allowing it to refer the schoolgirl to an Approved Private School and to place the schoolgirl in its full-time emotional sustenance program until the transference. The parent did not take part in the due process hearing but did bear a resemblance to with the hearing officer by email. The hearing officer established that certain of the parent’s proclamations and entitlements were “plainly false” and “completely implausible,” and that the indication showed the father had been “unhelpful and obstructive” during the school year. Held: charter school’s application granted; order pass in authorizing the school to apply to Approved Private School programs for the student deprived of parental consent; pendant engagement to be the full-time demonstrative sustenance program.
Of the six major tenets of IDEA 2004, the tenet that contained more of the elements discussed in the case was Due Process Rights. The Due Process Rights embodies the basic notions of the society in terms of legal fairness. Most of the question that regard the due process are in response to a fair court procedure, or legislation that unfairly treats the people. Additionally, the due process does not guarantee that the decision made will be in favor of the liking of the citizen. In this case, the parent and the schoolgirl lost the case as it was held that they had provided false information and that the child required additional help that could only be provided in the Approved Private School. Additionally, the due process is flexible, in terms of the seriousness of harm to the citizen, the cost to the government, the right procedure in carrying out the case (Wasserman, 2004). In this case, the due process was followed. Everyone was given the opportunity to defend oneself and even give complaints to the court. In the end, the court held that Charter schools be granted. This was not the expectation that the parent had.
Based on the results of the Due Process Hearing, there are various implications for the school district in the future. One of the implications is that the school has set up a precedent whereby it is in a position to rely on the previous case to resolve the current issue in case a case like that develops in future. The next implication is that the school now knows how to resolve special education disagreements between them and the parents. According to Roach (1999), each school in the court should be in a position to have Due Process procedures in their schools so that they can avoid a miscarriage of justice. The parents and the school teachers should also be in a position to ensure that they agree on a special education programs for their children so that there are no lawsuits in the future (Roach, 1999).. This saves both time and money. Parents must also comprehend that disagreements are bound to happen especially if the child needs so special attention. The parents should thus know that litigation or the due process is not the only way to deal with the disagreements, but there are other methods as well. Initially, the parent can request an evaluation, request mediation or file a complaint. For the parents, it is advisable that they keep a journal or a log of communications with the school. This gives the parents and the teachers a chance to revisit what they had discussed earlier in case there is a problem. Additionally, communication problems can be avoided this way. The other implication is that the school do not have to change its programming. This is because they followed the due process and were even on the side that won. What the School has to reconsider are the programs that they provide. Better communication should be given to the parents so that there are no misunderstandings in the future.
Individually, I liked the manner in which the case had been handled. Everyone was given a fair chance, and the decision was made based on the facts that had been provided. The Due Process provides a level playfield in that everyone has the chance to air out his/ her reliance. The school stood by what it did and in the end it was successful. It should also be comprehended that the school was willing to assist the child get into the Approved Programs School.

References
Roach, K. (1999). Due process and victims’ rights: The new law and politics of criminal justice. Toronto: University of Toronto Press.
Troisi-Paton, K. (2005). The right to due process. Detroit [Mich.: Greenhaven Press.
Wasserman, R. (2004). Procedural due process: A reference guide to the United States Constitution. Westport, Conn: Praeger.

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special education

special education
Mainstream Plan
Scenario: Your school administrator has met with you to inform you that in two weeks you will be receiving two students as part of a full inclusion pilot program. Both students have been in self-contained special education classrooms with limited mainstreaming. How will you prepare your class? Create a plan of action to prepare your students. (you may select any disability type(s) for this activity.)
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