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Individuals With Disabilities Education Act Case Study

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M.L. v. New York City and C.F. v. New York City Individuals with Disabilities Education Act (IDEA) protects the rights of students with disabilities. Stader continues to explain, “Zero reject is a rule against exclusion of special education students, regardless of the nature or degree of their disabilities” (2013, p. 166). There are many regulations that constitute this act and failure to comply with them can possibly result in due process. When a student has a disability and it impacts their learning, an individualized plan is written to support the student in an academic setting. Failure to comply with this plan is in violation of Special Education law. There are many components involved when ensuring students with disabilities are receiving a free appropriate public education (FAPE). Stader …show more content…

v. New York City, the scenario is very similar. The student also has autism and the environment that was written into the IEP was a small group setting. Related services were included in the IEP. A BIP was drafted with the intention of improving once the student was in the school setting and more specific behaviors were noted. The BIP was developed off of observations from the student’s teachers, therefore the team felt that a FBA was not necessary. The district at this time had 75 sites. The site the student was supposed to attend was not available when school started therefore the parents were not given ample time to visit the back-up site for their child. When parents were denied this visitation, they enrolled their child into a private sector. The parents filed a due process complaint against the district due to the site not being ready for their child, lack of parent training (nothing was noted on the plan), absence of general education teacher (a mandatory member of the IEP team) at their child’s meeting, and failure to conduct an appropriate FBA making the behavior plan unsuitable. The parents sought tuition reimbursement due to failure of

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