Test 1

SPED 508: SURVEY OF PERSONS WITH EXCEPTIONALITIES
Fall 2010, Test 1, 125 points

Each question = 30 points. Grammar, spelling, punctuation = 5 points.

(Be sure to fully support (laws and litigation) all answers with information from the textbook, class discussions, and any other resources you want to use. Cite your resources.)

A. The 4th week of school you discover that your daughter Karen, a fourth-grader, was placed in a special reading class for half an hour each day. You have a conference with Karen's teacher and are told that all the children are in different reading classes according to their reading ability levels. On the basis of Karen's scores in reading on the achievement test (TCAP) given to all children at the end of last year, a decision was made that Karen could benefit from some special small-group instruction in reading to help her catch up to her peers. Karen and several other children leave the regular third grade classrooms at reading time and go to an area in the corner of the library for their special reading instruction at the same time that all other third graders separate into groups for reading. The teacher states that the small-group instruction has already made a difference in only two weeks, since Karen has shown great improvement in reading. You tell the teacher that Karen cries every morning before school because she says she hates the special reading class and wants to stay with her friends for reading. You feel she was put in the class only because she and her family speak Spanish as their primary language. You are also concerned about the special reading class because Karen was tested over the summer by an independent psychologist who said she was extremely bright.

What is fact, and what is assumption in the above situation?

Has anything illegal been done in this situation? If no, why not? If yes, what? Why?

How would you have felt in this situation if you were the parent? What would you want to know, from whom, and why?

If you had been Karen's teacher, would you have done anything differently? If no, why not? If yes, what? Why?

What would you, the parent, do now? How? Why? Support fully all answers. Do you have any rights in this situation? If yes, what? If no, could you get any rights? What and how?

B. You have a friend who is the mother of a third grade son named Jonathan, who has been having difficulty learning in school. His teacher has not been able to elaborate on what Jonathan's problems are, so she suggested to his mother that Jonathan be assessed. The teacher said she is new to the school and does not know how to go about getting Jonathan assessed or anything else about special education, so she sent your friend to the school psychologist who stated that she could not possibly do any testing on Jonathan for at least 4 5 months because of her testing load. She recommended that his mother have Jonathan tested privately if she wants anything done now, but that would be at her own expense. Your friend does not know anyone who could test her son and is not financially able to pay for private testing. She feels helpless at this point and does not know what to do, so she asked you for help. What will you tell your friend at this point?

What is fact, and what is assumption in the above situation?

Should the teacher have done anything differently? If so, what? Why?

Should the school psychologist have done anything differently? If so, what? Why?

What are her rights and options as a parent in this situation? How should this have been handled? Why? What would you recommend your friend do now and how?

C. You are the parent of a second grade boy named Josh. Your son has been very unhappy with school since the first day of the school year two weeks ago. You decide to pick him up early one afternoon to take him for a dental appointment, and when you arrive at the school you discover that Josh is in a class of all boys which meets in the special education classroom. Half of the boys are first graders and half are second graders. You ask his teacher why Josh is not in the regular second grade classroom with the other children, and the teacher tells you that Josh is lucky to have been picked for this class. The first and second grade classrooms were too crowded, so a new teacher had been hired for a split class of children. The students for this special split class were hand picked on the basis of their high scores on a test at the end of the previous year and on teacher recommendations. There was no other space in the overcrowded school to put the new class except in the back of a room used for a special education class of children who are mentally retarded. The children and parents were not told these boys would be put in this class because the administration felt that was not necessary and would cause problems with some of the parents. Your son thinks he is stupid and has been put in special education. In fact, your son, and some of the other boys have been identified as gifted, but have never been formally classified as gifted. You ask to have your son moved back into the main (and only) second grade classroom at the school and are told that cannot happen and you do not have any rights in this situation.

What is fact, and what is assumption in the above situation?

Do you have, or could you get, any legal rights in this situation? Why or why not? You must prove whatever you say with support from laws and/or court cases.

What are all your options in this situation?

What would you as Josh's parent do now? Why? How?

D. Cheryl is a sophomore in a public university and wants to enter the Teacher Education program. She has passed the state entrance exams and has the GPA and necessary recommendations to enter the program. The head of admissions for the program told her that she was denied admission solely on the basis of her disability. Cheryl has narcolepsy and is prone to having unexpected seizures and suddenly losing consciousness several times a day. She has had to be taken to the local hospital twice in the past month because of the seizures. Cheryl takes several drugs which currently are not controlling her seizures, and her doctor says she will probably never have complete control of the seizures.

What is fact, and what is assumption in the above situation?

Do you think anything illegal has happened? What would you have to know about this situation to determine the legality?

Which laws might be applied here and how?

If you had been the head of admissions, what would you have done to this point, and what can be done now?

Clues:
1. DISABILITY LESSONS IN HIGHER EDUCATION: ACCOMMODATING LEARNING-DISABLED STUDENTS AND STUDENT-ATHLETES UNDER THE REHABILITATION ACT AND THE AMERICANS WITH DISABILITIES ACT