Students’ Rights Instructor: Beckerman EAD 501: Case Analysis Mayra, Magaly, Vincent, Melissa, Rebecca, Nicholson

Case Analysis #38 Analysis#38Analysis #38Case What are the highlights of the case. What information do you know. What information do you need to make a decision. Who are the major players. What are the possible solutions

Highlights of the Case: Miguel was injured at a football game at Nottingham High School while playing football. Miguel’s parents talk to the counselor, Ms. Gusman, to discuss Miguel’s return to school. Ms. Gusman agreed that Miguel return back to school when Miguel’s physician released him to return to school. Miguel was going to need some accommodations to return to school. Ms. Gusman was not able to provide Miguel with the adequate accommodations and Mrs. Hernandez decided to consult an attorney.. The highlights of this case are that Miguel, a student at Nottingham High School, was injured while playing football. His parents talked to the counselor, Ms. Gusman, to discuss Miguel’s return to school. Ms. Gusman agreed for Miguel to return to school once his doctor released him. Miguel was going to need accommodations to return to school and Ms. Gusman stated they were not able to provide the needed accommodations so Mrs. Hernandez, Miguel’s mom, decided to consult with an attorney.

What information do you know? Miguel, the star quarterback was left paralyzed after a game. When he returned to school he was in a wheelchair. Miguel needed to take biology class to get into college. Ms. Gusman, High School counselor, changed his schedule so he would no longer be taking biology due to lack of wheelchair accessibility in the classroom. Miguel’s parents and attorney are meeting with the principal to discuss FAPE and 504 plan. Miguel was set to go to college. The college he was prepared to attend required him to take biology class. Ms.Gusman changing his schedule without consulting with Miguel or his family based on the fact that the class was not wheelchair accessible.

What we know about IDEA. “The Individuals with Disabilities Education Act (IDEA) is a federal law that requires schools to serve the educational needs of eligible students with disabilities.” (Lee) “IDEA ensures students with disabilities have access to a free and appropriate public education (FAPE), just like all other children. Schools are required to provide special education in the least restrictive environment. That means schools must teach students with disabilities in general education classroom whenever possible.” (Lee) According to U.S. Dept. of Education, “Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education.” A 504 Plan would list accommodations for a student with disabilities to successfully participate in general education courses with their peers. (U.S. Dept. of Ed.) IDEA is the federal law that governs decisions for students with disabilities. It protects students’ in education. IDEA includes and defines FAPE. IDEA also assure that parents are given procedural safeguards as far as IEP and 504 Plan policies. According to IDEA schools are required to meet the needs of their students with disabilities and that all students with disabilities are required to have access to a free and appropriate public education. Miguel would be eligible for a 504 Plan and should be accommodated for the Biology class. Based on IDEA Miguel’s parents could file a due process hearing.

Major Players: Ms. Gusman, School Counselor Mrs. Hernadez, Parent Miguel, Student Attorney Howard Kerri The major players on this case are Ms. Gusman the school counselor who agreed to help Miguel on his return to school and fail to accommodate him. Mrs. Hernandez, Student’s mom who want it the best for her son, Miguel, the student who was injured while playing football for his school and was not able to walk after the accident, and Mr Howard Kerri, the attorney who was defending Miguel’s rights helping that his rights were protected. They are all the people mentioned in this case.

What information do you need to make a decision? •What is IDEA? •What is “Section 504 of the Rehabilitation Act of 1973?” • Local companies to quote the district a price on construction. Out of Colorado: http://www.accessiblemed.com http://denver.101mobility.com •Fundraising Opportunities: •PTA Funds •Local Donations •Alumni Association •School Layout: •Can classrooms be switched until funds are raised? As the principal of this high school, I must first know what the student’s rights are. I need to understand that it is true that all students must have access to their education and the proper classes. This student does have the right to his biology class and it has to be my priority to get him into that class. There are a few ways that I can handle it at this point. The first is that I must get my building up to par. I have to make sure that my building has handicapped accessibility ramps or lifts throughout the building. If we cannot afford this, then my rooms have to be moved around. I would have to place duplicate classes on the second floor. If this is not possible, then I need to get companies to my building to quote the district for construction. It is the law and not acceptable to simply turn a blind eye to the situation, or find a temporary solution. To show the district that we are willing to help, I would ask that alumni donations be taken into account, that the PTA think about ways we can fund the construction of lifts or ramps, and do some fundraising through the school. I have seen GoFundMe projects that cost more than some of the ramps I have researched.

What are possible solutions? Reinstate Miguel in his biology class. Complete a 504 Plan so he can do his classwork in a different classroom that has wheelchair access. Move the biology classroom to a classroom that has wheelchair access temporarily, if needed. Meet with parents and teachers to discuss 504 Plan and get their input. Work on an agreement with the family to best meet Miguel’s needs Reinstate Miguel in his biology class and complete a 504 Plan so he can do his classwork in a different classroom that has wheelchair access or move the biology class to a classroom that has wheelchair access temporarily. The 504 Plan meeting would allow for parents to have input in the decision making for Miguel’s education.

Decision Complete a 504 Plan so he can do his classwork in a different classroom that has wheelchair access.

Decision Rationale It is on Miguel’s best interest to complete his biology class and the school needs to make the appropriate accommodations through a 504 Plan to meet his needs due to his injury.

School Vision

Resources Lee, Andrew M.I. How IDEA Protects You and Your Child. www.understood.org. Retrieved 05/21/2017. U.S. Department of Education (Office for Civil Rights). https://www2.ed.gov/about/offices/list/ocr/504faq.html