Salemlaurie Case 38 Analysis 09252022

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Cassidie Fuller

Angelica Infante

Laurie Salem

CLC - Case 38 Analysis Template

Part 1: Case Analysis

1. A brief summary of the case:

Miguel, a sophomore quarterback at Nottingham High School, suffered a tragic injury during a
game. This injury caused him to be paralyzed from the waist down. After many months of
recovery and rehabilitation, Miguel returned to school using a wheelchair. His counselor, Ms.
Gusman, changed his biology class to another science course due to the lack of wheelchair
access. Miguel’s mom scheduled an appointment to discuss their concerns and their son’s plans
for the future. The father hired an attorney and accompanied him to the meeting. The attorney
stated that the school violated section 504 of the Rehabilitation Act of 1973. He requested that
Miguel have access to biology class.

2. Identify the issues to be resolved:


The first issue that would need to resolve is revamping the building to accommodate Miguel and
his wheelchair so that he can access the class he needs. Another issue that needs to be addressed
is how much it would cost to make it accessible for him and if those funds would come from the
school budget or the district office/ local government. A third issue that would need to be
resolved is how the adjustments and construction might affect the other students and staff.
Another issue that would need to be resolved is how long this would take and how that would
affect Miguel.

3. Stakeholders involved in the issues:


The principal, superintendent, legal counsel, head department of the special education, district
office, board members, parents, and students.
4. Background information on requirements of the Individuals with Disabilities Education
Act and Section 504 of the Rehabilitation Act of 1973 as they relate to free and
appropriate public education:
A free and appropriate public school education is made available to all students,
specifically to students with disabilities. The parent and child have a right to be a part of
every decision regarding the child’s academic and individual educational plan (IEP). The
evaluation must be completed within 60 days of the written consent, and the IEP meeting
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must be held within 30 days of the child being found eligible for special education
services. The service will be at no cost to the parents.
Section 504 is the Rehabilitation Act of 1973, a civil rights act that allows
accommodation, modifications, and related services with no age limits.

5. Additional information needed to make decisions:


Other information that would be necessary to make decisions is the cost associated with making
the buildings accessible for Miguel and his wheelchair. It would also be essential to know the
roles and responsibilities of each stakeholder to ensure that the following steps and actionable
items are completed on time.
6. Community resources (5-8) that can be used by school personnel and families in meeting
the needs of students with exceptionalities:
1. Multi-Tiered Student Services (MTSS) team- counseling
2. PT/OT from the hospital
3. Medicare Services to help pay for the cost
4. E-Ready Special Education Information for Teachers
(http://www.pta.org/advocacy/content.cfm?ItemNumber=3713)
5. The Council for Learning Disabilities (CLD) (http://www.cldinternational.org)
6. National Disability Rights Network (http://www.ndrn.org/index.php )

7. Possible solutions to the issues:


One solution would be to move the biology class to another classroom with wheelchair access.
Another solution is moving him to another campus with a wheelchair accessible to accommodate
him. Miguel could also be asked to attend the biology class remotely from another room. The
district could add accessibility features to the existing classroom so Miguel can attend
comfortably. An important step would be adding a 504 plan before Miguel returns to school.

8. One solution recommended by the CLC for students with exceptionalities:

Our immediate solution is for the biology classroom to relocate to another classroom to be
accessible to everybody. At the same time, the district provides a modular or remodeled biology
classroom that is ideal to fit Miguel’s or any other student's needs. In addition, the school will
complete the process of qualifying and providing a 504 plan for Miguel.

Part 2: Rationale

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With your group, support the case analysis with a 500-750 word rationale explaining the
decisions you made and how those decisions:

● Support the school’s vision and mission and safeguard the values of democracy, equity,
and diversity.

● Promote social justice and ensure that individual students needs inform on all aspects of
schooling

● Promote collaboration, trust, learning, and high expectations.

Cite the case and any other source documents as appropriate.

In this case study, Miguel, a high school quarterback, is tragically injured during a
football game. After spending months of care in a hospital, he is scheduled to return to school.
Upon his arrival, he is informed that he will no longer be taking the scheduled biology class
because the classroom is not accessible to him. Not taking this particular class will prevent him
from enrolling at the college of his choice. Because of the school's inadequacy to meet his needs,
the parents hired an attorney (Hanson, 2009).

Millions of students with disabilities in the country have different needs. The Individuals
with Disabilities Education Act (IDEA) of 1990 states that all students have a right to free
appropriate public education (Essex, 2015). Miguel’s case highlights issues that affect students
with disabilities in our schools. Miguel has a right to the required courses for college entrance.
However, those rights were violated when he was placed in another science class. Our solution to
this case is to relocate the biology classroom to a more accessible classroom for everyone. At the
same time, the district provides a modular or remodels the existing classroom. We will also
create a 504 plan to protect his rights and necessary accommodations (School Psychologist Files,
2019, October 7).

Dover Unified School District promotes relationships with teachers, administrators, and
the community. Since Miguel was notified that he would have to change classes without being
allowed a chance to discuss it, it may have damaged his family's relationship with the school. It
would be vital to rebuilding trust. The first step would be to create open lines of communication
with all parties involved.

Miguel’s parents met with Ms. Gusman, the principal, and they discussed how they
would not need accommodations other than classroom access (Hanson, 2009). However, at that
meeting, the team and parents should have decided if his needs were limited to only accessing
classrooms with his wheelchair. The school will ensure that Miguel’s needs are fulfilled by
providing a learning experience in the least restrictive environment. We would need to
collaborate with the Head of the Special Education Department, the principal, the superintendent,
and his parents to create a 504 plan. During this meeting, we will discuss if he needs access to
the nurse, areas of the school that will need accessibility, and other courses that might need tools
such as P.E. to ensure he gets the best education.

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To rebuild relationships and trust, collaboration is necessary for maintaining an open line
of communication with his parents, teachers, and principals. Therefore, we would establish a
timeline of monthly follow-ups on Miguel’s progress to address any questions, concerns, or
comments that his parents or other stakeholders may have. These scheduled discussions would
assure that Miguel is learning and achieving academic success and allow for adjustments to his
accommodations if necessary.

The IDEA Act of 1990 aims to acknowledge children with disabilities and improve the
conditions within school systems and buildings to give them access to the essential knowledge
they need for academic and personal success (IDEA, 2022). It requires schools to ensure they
provide learning opportunities that are equitable and fair to all students, especially students with
disabilities (IDEA, 2022). We aim to create and implement solutions that are fair to Miguel and
the other students. Doing so ensures that the situation with Miguel and his family will be
rectified, and future cases such as this will be more effectively managed.

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References

About idea. (2022, August 10). Retrieved September 23, 2022, from

https://sites.ed.gov/idea/about-idea/

Essex, N. L. (2015). School law and the public schools: A practical guide for education leaders

(6th ed.). Pearson.

Hanson, K. L. (2009). A casebook for school leaders: Linking the ISLLC standards to effective

practice (3rd ed.). Upper Saddle River, NJ: Pearson. ISBN-13: 9780136126829 (Custom

eBook contains only cases 8, 13, 14, 16, 24, and 38)

What is better, a 504 plan or an IEP? School Psychologists Files. (2019, October 7). Retrieved

September 23, 2022. from http://schoolpsychologistfiles.com/which-is-better-a-504-plan-

or-an-iep/

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