Daniel RR was a 6 year old boy who was identified for special ed with moderate retardation. He was developmentally like a 2 or 3 year old. He spent half his day in a Pre-K classroom and the other half in a special education classroom. The Pre-K teacher said he needed constant attention, so the school moved him to special ed all day.
His parents requested a hearing because they wanted him in the regular education classroom as much as possible. Because it was found that Daniel was receiving little to no educational benefit in the classroom, the court agreed with the school. The case was then taken to the District Court and they also agreed with the school.
Daniels' parents went to the Fifth Circuit Court of Appeals. The Court said there was a two-pronged test. The test asks two questions: Can education in the regular classroom, with the use of supplemental aids and services, be achieved satisfactorily?
If it cannot, has the school mainstreamed the child to the maximum extent appropriate?
The Fifth Circuit Court of Appeals agreed with the prior decisions based on IDEA because they answered the first question of the two-pronged test, no.
Obviously, I haven't given you all the information, but what do you think? Did the Pre-K teacher try hard enough? Could the school have provided supplemental aides and services so that Daniel could be successful in the Pre-K classroom?
Works Cited
Daniel R. R. v. State Board of Education, 874 F.2d 1036 (5th Cir. 1989).
It's interesting that in the two-pronged test the phrase "with the use of supplemental aids and services" is included, and yet in Daniel's case, the school did not provide an aide or ed tech in the regular classroom. It seems like this would be a first step in providing the least restrictive environment for Daniel.
ReplyDeleteI was interested to learn more about the outcome of Daniel's case, so I did a little bit of research hoping to discover where Daniel is today. Because of privacy issues, of course, he is never identified fully, but I did find out that after the decision of the Fifth Court of Appeals, his parents chose to send him to private school. While ultimately the parents must have decided that was the right choice for Daniel, I wonder what more his public school could have done to provide supports for him in the classroom. As Jenn's post on Research Based Evidence highlights, his presence in the classroom most likely would have benefited both him and his peers.
Ms. Phelps- I totally agree. It seems there is no way the court could side on behalf of the school, if there wasn't an aid/ed tech in the room to assistant Daniel.
ReplyDeleteThis is a classic example of how schools need to improve to keep students in public schools. There are many parents sending their kids to private and charter schools, and some of that could be helped if public schools provided a more inclusive and supportive environment.
Obviously ya'll do not have too much background in special education. Number 1, Supplemental Aids does NOT mean a live person 'teacher assistant', an education technologist would actually be considered under assistive technology. When IDEA refers to supplemental aids they are referring to: a private assistant teacher (only). The term "supplementary aids and services" means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable the child with a disability to be educated with nondisabled children to the maximum extent appropriate.
ReplyDeleteThere is much more information on this case. Research this case and you will indeed find that the school and teacher went above and beyond to accommodate and try to provide an appropriate education in the regular classroom for this child. This type of a post is deceiving. You provided vague details to elicit conflicting responses. Research my friend and provide accurate, factual, and complete information if you would like to elicit helpful responses.
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