Is there any basis for permitting a higher-than-usual hourly rate for an attorney who is an expert in special education law?
2. In which of the following instances would the IDEA address the problem, and in which would a tort action of some type be more appropriate? In examining these situations, who within the school system should be held accountable and why?
a. Kim is 6 and has a learning disability that prevents her from processing verbal instructions. She is a first grader, placed in the regular classroom for most of the day. She and her classmates have been told not to play near the swings. Kim walks in front of a swing during recess on the first day, is knocked down, and breaks her arm.
b. Zack has autism, and his parents want to have him placed in a full-day, rather than a
half-day, kindergarten program. When the IEP meeting fails to result in agreement,
his parents request a due process hearing; the request is made on June 30. The school
does not hold the hearing until September and does not render a decision until
November.
c. Mark (age 10) has a behavior disorder requiring psychological counseling. He is in the
regular classroom for most of the day but frequently runs out of the classroom. The
teacher deals with this by tying Mark into his seat. His parents find out about this
after it has gone on for six months.
d. Diane is a third grader with Down syndrome. She is educably intellectually disabled
and has been placed in the regular classroom for most of the day during kindergarten,
first grade, and second grade. She has made excellent progress in learning academic
skills such as counting and reading. Diane’s IEP indicates that she is to continue
learning these skills in the regular classroom. Mrs. Green, the third-grade teacher, is
57 and attends the IEP conference. Although Mrs. Green says nothing at the
conference, she is philosophically opposed to mainstreaming students with intellectual
disabilities. She thinks the experience and demands are too frustrating and that the
best thing for them is to “just love them” so they’ll be happy. Once Diane arrives in
the classroom, Mrs. Green places her at a table and gives her coloring pages and
simple puzzles to do for most of the time each day. At the end of the year, Diane’s
progress review indicates that she has lost most of the skills she had gained before
beginning third grade. What should the principal do when he becomes aware of Mrs.
Green’s conduct?