Tuesday, September 6, 2011

Parental Rights in Education

This is a very interest case and many teachers will have to deal with similar parents at least once in their career. Amy Rowley's parents simply wanted what any other caring parents want, the best for their child. Sometimes, though it is beyond the scope of the school to offer services to a student that are unnecessary. There is a point when FAPE is covered and a point at which the school has a right to decline a request as long as it is giving the student appropriate treatment. I also like that the court went on to say "We do not attempt today to establish any one test for determining the adequacy of educational benefits conferred upon all children covered by the Act. Because in this case we are presented with a handicapped child who is receiving substantial specialized instruction and related services, and who is performing above average in the regular classrooms of a public school system, we confine our analysis to this situation. (458 US 176 at 202; emphasis added.)" Basically stating that each student should be analyzed on their own abilities and disabilities. The court went on to say that as far as FAPE goes as long as the instruction meets the State's educational standards and approximate grade level requirements it satisfies FAPE requirements.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.