Special Education Law

Running Head: SPECIAL EDUCATION CASE STUDY

Child: Ayden Miller is a smart, fun, and energetic six-year old. He was born and raised

in Ontario, Oregon. He enjoys spending time with his older sister, Ayla, and

brother, Azikio. Ayden also enjoys playing with his cars, dominoes, and blocks.

Before he started Kindergarten, he attended a local daycare. He is very excited to

be in Kindergarten and play on the big playground. Ayden is rarely sick and only

missed one day of school in the first three months.

Strengths: Ayden is optimistic, determined, and helpful.

Weaknesses: Ayden is starting to show some anxiety when it comes time for math. He is unable

to recognize the letter patterns or count.

Family: His mother works at the local floral shop and his father works at Albertson’s as an

assistant manager. Both parents graduated high school and his father received his

Associate’s Degree through Treasure Valley Community College. The father

speaks English and the mother is bi-lingual. All three children speak English as

their main language. With that being said, they are able to understand and speak

Spanish too. The whole family has been working on sign language as well.

Functioning: After the first trimester in Kindergarten, there were some concerns in regards to

Ayden’s development in mathematics. The parents and general education teacher

were able to hold a meeting to discuss his progress, strengths, and needs. The

parents would like to work on some skills at home as well as bump him to Tier II

to see if this will help him during the second trimester. If little-to-no gain is made,

the parents have expressed the desire to have Ayden evaluated for a learning

disability.

SPECIAL EDUCATION CASE STUDY 1

Evaluation: Despite having an additional twenty minutes of one-on-one intervention, Ayden

was unable to show growth in mathematics. The parents and teacher were

concerned that there may be something more serious going on and an initial

evaluation was able to be completed after the second trimester. While the results

are pending on the evaluation, Ayden was moved to Tier III. It was determined

that Ayden qualifies for an individualized education program under a Specific

Learning Disability – Mathematics (Dyscalculia).

Definition: “Specific Learning Disability means a disorder in one or more of the basic

psychological processes involved in understanding or in using language, spoken

or written, which may manifest itself in an imperfect ability to listen, think, speak,

read, write, spell or do mathematical calculations.” (Oregon Administrative Role,

2013, 5).

Psychology Today (2020) states, “Dyscalculia is a childhood disorder that affects

the ability to learn arithmetic and mathematics in someone of normal intelligence,

as compared with those of the same age who are receiving identical

instruction…Dyscalculia may also be referred to as math learning disability,

acalculia, developmental dyscalculia, math anxiety, math dyslexia, or numerical

impairment.”

Causes: There have been numerous studies on Specific Learning Disabilities and

Dyscalculia, yet there is not one specific cause. Problems with the fetus, genes,

injury, poor nutrition, lead exposure, and other environmental factors could have

an impact on a child having a Specific Learning Disability. It is hard to determine

the exact history of specific learning disabilities, however, there are documents

SPECIAL EDUCATION CASE STUDY 2

that date back to 1877. (LD Online. 2006). Other resources show that specific

learning disabilities, in students, started to become more and more prevalent

shortly after World War II.

Prevalence: According to the Children’s Hospital (2020), “It is hard to know how many

children have a learning disability since the diagnostic criteria are so variable

from place to place. About 10% of students in the United States have been

classified at some time in their lives as having a learning disability.”

Diagnostician: Although a primary care physician can refer children and adults to a psychologist,

physiatrist, or a learning specialist to evaluate for a diagnosis, the school learning

specialist/special education professional can perform the duties of diagnosing a

child, if he or she has a diagnosis. If a child does have a Specific Learning

Disability, then there should be extra support and educational intervention

happening on a daily basis.

Intervention: Ayden will have a one-on-one aide during mathematics. He will also be pulled out

of class for twenty minutes for intervention. Manipulatives should be utilized

throughout the instruction time, especially items that he really enjoys (cars,

dominoes, and blocks). Sensory manipulatives should also be implemented (play

dough, sand, shaving cream). The family will be provided additional resources as

well as guaranteed an extended school year or summer school (whichever of their

choosing). Ayden is more likely to succeed in everyday tasks despite his

disability.

SPECIAL EDUCATION CASE STUDY 3

Technology: The use of Assistive Technologies is not necessary at this time. There are

opportunities for Ayden to explore numbers throughout the classroom, on

calculators, and on the Starfall and IXL websites which can be accessed weekly.

Chapter 1: The four sources of law which exist on federal and state levels include:

constitutional, statutory, regulatory, and case. (Yell 2012, 11). Without the

American legal system, we would not have the laws that we do today. Nor, could

we take matters to the courts if we thought that the laws were unjust. We, the

people of the United States, have opportunities to have a trial and to change

certain laws or create new ones in order to protect our rights as citizens of this

country. If matters are still not handled fairly or correctly at this level, then we

have the right to appeal. The appellate court will determine if the laws were

followed or if the rights of an individual were violated.

With the help from the 14th Amendment of the Constitution, individuals back in

the 1960’s rallied together due to the unfairness of the school system at the time.

In Mills v. Board of Education, many young children with disabilities were

excluded or even expelled from school without due process of law. Many doctors

wrote on the children’s behalf stating that school or specialized instruction would

be greatly beneficial for them, yet the children were still excluded from schools.

(Kids Together, Inc. 2009).

The same goes for Pennsylvania Association of Retarded Citizens (PARC) v.

Commonwealth of Pennsylvania. It started with one little boy who was unable to

read due to a disability. Rather than the school accept the boy and provide him

with services and with an education, the school excluded him. Luckily, parents

SPECIAL EDUCATION CASE STUDY 4

stood together and fought for the rights of their children. These parents knew that

is was not right that their children were excluded or even expelled from school

because they had a disability. (Yell 2012, 11).

Looking back at Ayden and his family, they are protected under numerous laws

which include but is not limited to the Free Appropriate Public Education,

Individuals with Disabilities Education Act, and Every Student Succeeds Act.

Without these laws intact, it would be very possible that schools would refuse to

accept him or provide the necessary resources/intervention that he requires. If he

was refused a free appropriate public education, like many children were back in

the 1960’s, his condition, unfortunately, would only worsen. This would create a

ripple effect and additional complications may start to arise, such as low self-

esteem, low self-worth, depression, antisocial behavior, etc.

Without the 14th Amendment of the Constitution and the dedication and

determination of the parents and children back in the 1960’s/1970’s, who knows

where America’s school system would be at today. It is hard to tell if children

with disabilities would have the rights that they should have and do have now.

With how the American legal system is today, schools are being held accountable

and are required to abide by various laws, rules, and regulations. “Children with

disabilities are first and foremost children. They will benefit from the same

experiences that are desirable for all children for the same reasons…Inclusion

provides opportunities for socialization and friendships to develop. It provides a

sense of belonging and appropriate modeling of social, behavioral, and academic

skills.” (Kids Together 2009).

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References

Boston Children’s Hospital (2020). Symptoms and Causes for Learning Disorders and

Disabilities in Children. Retrieved from

http://www.childrenshospital.org/conditions-and-treatments/conditions/l/learning-

disorders-and-disabilities/symptoms-and-causes.

Kids Together, Inc. (2009). Mills v. Board of Education. Retrieved from

http://www.kidstogether.org/right-ed_files/mills.htm

LD Online (2006). Timeline of Learning Disabilities. Retrieved from

http://www.ldonline.org/article/11244

Oregon Administrative Rule (2013). Special Education Services in Ontario School District.

Retrieved from

https://www.ontario.k12.or.us/documents/Departments/Student-Services/Special-

Education/2013_2014_OSD_SPED_Manual.pdf

Psychology Today (2020). Dyscalculia. Retrieved from

https://www.psychologytoday.com/us/conditions/dyscalculia

Yell, Mitchell (2012). The Law and Special Education, 5th Edition. Pearson Publishing.

Retrieved from https://reader.yuzu.com/#/books/9780135178324/cfi/1!/4/2@100:0.00