Implementation of the I.E.P

Sharon Duck v. Isle of Wight County School Board

Sharon Duck v. Isle of Wight County School Board case involves J.S., a minor with learning disabilities, his mother, and the Isle of Wight County School Board. Sharon sued the school board alongside the special education director and the superintendent for allegedly violating IDEA 20 U.S.C. § 1400 et seq., 42 U.S. C § 1983 and section 504 of the rehabilitation act. According to Sharon Duck, the school board failed to offer special education to his son for three years at Carrsville Elementary School. After J.S. was found to have learning disabilities at J.P. King School after consistent failure in class, he was admitted to a special education program. The mother noted that his son had not improved even after repeating in the second grade. Although she was involved in the I.E.P. formulation, the school administration did not involve her in its implementation. It is the special educator’s responsibility to inform the parent of their role in the implementation of the I.E.P. J.P. King also made a gross mistake by either failing to develop an I.E.P. for the third grade or misplacing the document. I.E.P.s are crucial documents that should be stored appropriately for reviews and amendments. They are also involved in addressing the specific learning for different students undertaking special education.

The Carrsville Elementary School further violated the IDEA by failing to enroll him for special education besides being aware of his conditions. After meeting in 1999 to discuss whether he was fit for specialized instruction, the special education coordinator, the headteacher, and several teachers resolved that J.S. was suitable for general education. The school failed to inform his grandmother, who had come to represent Sharon, to appeal the decision if she was uncomfortable with the evaluation outcome. Although J.S. continued to foster poor results, they continued to administer general education. As special education administrators and teachers, they should monitor the student’s performance and advise the parents on the need to perform a reevaluation. The failure to advise Sharon resulted in general education administration until 2001 when she found it necessary to do a new examination. Unfortunately, her efforts bore no fruits.

As a prospective social worker in the special education sector, this case will be a useful reference and guide towards abiding by the IDEA, section 504, and 42 U.S.C. § 1983. Additionally, the case presents various mistakes that social workers and special education teachers may commit. These include administering special education without an I.E.P. that serves as a guide for the instructor to deliver differentiated content, evaluate, and monitor the learner’s process. The case also highlights the school administration, teachers, and parents’ responsibilities towards developing I.E.P.s and the need to abide by them unless they are updated. The role of the school administration towards advising parents to appeal evaluation outcomes is also mentioned. It also gives the negative impact of discriminating children based on their disabilities and, at the same time, failing to provide special education if they are aware of the child’s condition. Thus, social workers and special educators need to adhere to district and national guidelines, policies, and IDEA to ensure students with learning disabilities receive a quality education without discrimination. Finally, the case analyses the Rehabilitation Act’s components and the Individuals with Disabilities Act and further explains how the different institutions mentioned violated the two acts.

Lee v. Pine Bluff School District

This case involved the unfortunate demise of Courtney Fisher, Lee’s son, who was studying in the Pine Bluff School District. The student fell sick when had attended a band that was sponsored by their school. Before they could attend, McField, the director of the band and an employee of the school, sought Mr. Lee’s consent to allow his son. According to Lee’s medical form, Courtney was physically fit and had no underlying conditions that would hinder him from physical activity.

Additionally, Lee was sure that the institution would offer medical services if his son fell ill. When he fell ill, the band director neglected him and left him to lie in his hotel room unattended where he could vomit occasionally. According to Mr. Lee, Courtney could hardly eat anything and survived only on juice and water. Lee argues that adults could have taken appropriate action by taking the student to the hospital. However, he was taken to the hospital on January 20 and passed away on the 21^st. Lee believes that if Courtney was taken at a hospital immediately, he would not have died and that the chaperones and McField were liable for his death.

The case took a different twist when Lee alleged that the school district and McField were liable for violating Courtney’s constitutional rights. According to him, the consent form was enough to compel McFileld to “care, protect, and control” the student, but they acted differently when his son got ill. However, the case was overturned by the jury, citing that the negligence did not violate the students’ constitutional rights. The constitution does not compel the state officials to protect students unless it has been determined that they cannot defend themselves. The state can only assume the responsibility of individuals who have mental health or are completely incapable of taking care of themselves. In this case, the court noted that Courtney was not restricted from communicating with his parents and guardians. Additionally, the case does not meet any of the state’s criteria to restrain their liberty, including “incarceration, institutionalization, and similar restraint.” In this case, the state official, such as McField, is not compelled to protect students when they go out of schools for school-sponsored trips.

As a social worker, this case is important because it states to what extent employees can be held accountable. For instance, the constitution does not impose employees to exercise control over individuals unless they are restrained. This means that even though school employees have a moral responsibility to protect students’ well-being, they cannot be held liable for scenarios that happen when they are on voluntary trips. The constitution assumes that these students have a certain level of control of their lives in such a way that they can protect themselves, unlike prisoners. Finally, although the law calls for the protection of mentally ill students and other individuals, state officers and government employees cannot be held liable for physical injuries caused to other individuals’ mentally ill. For example, a teacher cannot be held responsible for a student’s physical injuries on a mentally challenged student.

Lentz v. Morris

The Lentz v. Morris case involves Jeffrey Lentz and his mother, Faye Lentz, who filled a lawsuit against Jonny Morris, a physical education teacher. In this case, the critical argument was to determine whether physical education teachers enjoy sovereign immunity from damages caused by their negligence. In the Lentz v. Morris case, Jeffrey Lents sustained injuries while taking part in a physical education lesson. According to Faye Lentz, the instructor exposed Jeffrey to the injuries by failing to provide protective clothing to the students when he knew the game could result in such injuries.

Various issues come out of this case. Firstly, relying on the Short v. Griffins ruling, the plaintiff argued that the court erred in ascertaining that a teacher enjoyed immunity for their negligence. In the Lentz v. Morris, as Faye Lentz noted, Morris was aware of the risk, and thus, his carelessness resulted in Jeffrey’s injuries. According to Crabbe v. School Board and Albrite ruling, a high school teacher does not enjoy immunity while executing duties assigned to him by the state. This means that a teacher is held accountable if students get hurt during practical sessions if injuries occur from negligence. Considering Lentz and Morris’s scenario, the instructor displayed a negligence level and was not exempt from the liability. Therefore, government employees working in local government institutions “are answerable for their own acts of simple negligence.” The term simple negligence differs from gross negligence in that the act was not deliberate, although the instructor was aware of the consequences.

Lentz v. Morris is an important case that informs school social workers of the extent of sovereign immunity enjoyed. Thus, social workers understand that they are not immune to prosecution when students are injured when they are under their instructions. For instance, students on a construction practical are under the instruction of their teacher. If they get hurt due to “simple negligence,” the teacher takes responsibility for their acts. However, this excludes inevitable accidents that may occur during the session.

The three cases clearly outline the role of workers and the implications of their acts. In Sharon Duck v. Isle of Wight County School Board, there was a gross violation of student’s rights that involved violating the IDEA, among other Acts. In this case, the board was held liable for failing to offer J.S. special education for three years. As school social workers dealing with students with learning disabilities, it is a requirement to provide special education after a proper evaluation is completed. This should be done following the I.E.P., which should be kept for review. In the case of Lee v. Pine Bluff School District, the band director, enjoyed immunity from bearing the liabilities due to several factors. First, the case did not amount to the breach of any constitutional right against Lee’s son. Secondly, Courtney was not restrained from making decisions, including conducting his parents. Thus, the law protects workers from such liability because the state does not compel them to be in total control of the students. Finally, Lentz v. Morris reveals that teachers are not immune to taking responsibility for their negligence, mostly as they conduct practical sessions. They are thus held accountable for their actions that may result in injuries.

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