FAPE, Non-Discriminatory Case Analysis

Name: Fernando Ulloa

E-mail Address: [e-mail]

EDSP 501

Fall 2015

Final Exam

Imbedded in IDEA and IDEIA are six major principles, three of which are FAPE, non-discriminatory assessment, and zero reject. Discuss the key points of each of these three principles, including an example of how schools must act to assure students are guaranteed each one. For each principle, discuss of at least one pivotal court case that contributed to its development. (That’s one for FAPE, one for non-discriminatory assessment and one for zero reject.)

There are six major principles imbedded in the Individuals with Disabilities Education Act (IDEA), three of which are Free Appropriate Public Education (FAPE), non-discriminatory assessment, and zero

It calls for assessments to be fair and not culturally or linguistically biased. Larry P. v. Wilson Riles (1979) was heard in the United States District Court, and was a pivotal case in outlining non-discriminatory assessment. Larry P. was a low performing student that attended a school from the San Francisco Unified School District. He was assessed by a school psychologist using the Stanford Binet Intelligence Test and it was found that Larry P. had mild mental retardation and was placed in an Educable Mentally Retarted (EMR) class. Many African-American and Latino students were disproportionately being placed in EMR classes. This caused for a class action lawsuit by five African-American children against San Francisco Unified School District, the State Superintendent Wilson Riles, and members of both the state’s and city’s board of education. The plaintiffs challenged the use of certain assessments to place students into EMR classes. It was found that in-fact IQ test were found to be discriminatory because IQ tests did not eliminate cultural bias. This called for California school districts to stop using IQ tests for placement and identification of African-American children into special education classes. This forced school districts to continue to use multiple assessments and develop culture-fair assessment procedures. School districts could not use only one assessment for all students to assure students their

Define designated instructional services, and differentiate between the two federally defined categories of DIS: related services and supplemental aides and services. How does federal law require the schools to determine whether a student needs a related service and any limits placed on them? As part of your answer, cite at least two relevant court cases, how they apply, and describe how the court’s use of a bright-line rule rather than a balancing test to established the need for such services has impacted their availability and the burden the schools must bear in providing