Legal Case Review Paper

3. Seeing that the dispute involved the sale of land, specific performance is the proper award for damages to the injured party.

Sumter County School District 17 is a public school district in South Carolina. T.H. is a student who qualifies for services under the Individuals with Disabilities Education Act. Sumter County School is appealing the decision of the lower district court, who found that the school district did not provide TH with a Free Appropriate Public Education. The school is also appealing the district court’s findings, which verified that T.H’.s current placement at home was appropriate. The school argues that the home placement of T.H. was not the Least Restrictive Environment. The school district’s appeal further contends that they at least in part provided a FAPE for T.H. because he was making some educational gains during the time in question even though the school was not providing the amount of service indicated in T.H.’s Individualized Education Plan. The school also asserts that they remedied internal problems and were able to provide the full range of time and services require through T.H.’s IEP.

Facts: Rossi Inc.: Asbestos Litigation Liability: The cost of settlement and defensed costs relating to currently pending claims and future claims for losses incurred to date.

In 1982, the Supreme Court decided Board of Education of the Hendrick Hudson Central School District v. Rowley. A deaf student, named Amy Rowley enrolled in kindergarten in public school in Peekskill, New York. Amy’s parents met with school administrators to plan for her attendance and to determine what supplemental services would be necessary for her education. Amy was assigned a sign language interpreter for a short portion of her kindergarten year. After two weeks, the sign language interpreter reported that Amy did not need the services inside of the classroom. Once Amy fished her kindergarten year and started first grade, an IEP was prepared for Amy’s assistances. The IEP was provided to Amy and her parents that she would be kept in the

On July 17, 2014, 43 years old black man named Eric Garner was selling loose cigarettes illegally on Staten Island. As the polices approach Erica to make their arrest, he raised both hands in the air and requested for both officers to not touch him. Meanwhile, the second officer came behind Eric and put him in a choke hold in order to restrain the 350 pounds man down to the ground. After he was restrained to the ground both officers roll him over onto his stomach. Within seconds after being roll over to his stomach Erica Garner repeatedly shouted to the police officer, "I can't breathe!", while he was laying on his stomach face down to the sidewalk pavement. Suddenly, the 350-pound black male died of compression of the neck from the officer's

In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when

The third case, Daniel RR v. State Board of Education, was documented in United States Court of Appeals, Fifth Circuit in June 12, 1989. This case discussed whether a child with disability is given a right to receive mainstream education.

This case was brought forth to the court system under of the laws that were determined under the Individuals with Disabilities Education Act (IDEA) as an appeal to the decision of the district court was well as the Administrative Law Judge (ALJ). The parents of Zachary Deal believed that the school system failed to provide their son with a Free and Appropriate Education (FAPE) as well as not placing Zachary in the least restrictive environment (LRE) as outlined as a requirement within the IDEA Act as well as in an IEP. Further, the Deal’s were requesting financial reimbursement for Zachary’s private school tuition as well as any other education related services that were provided and funded by the parents outside of the school. While the ALJ found the school liable for part of the reimbursement, they also found that the school was in violation of IDEA because of substantive violations during the process of identifying assistance for Zachary Deal. Both the Hamilton County Board of Education and the Deal family appealed the ALJ’s findings which escalated the court case to a

This ruling primarily concerned the schools responsibility to “maximize” student achievement and was more focused on the level of services provided rather than the exclusion of benefits due to lack of benefit. (United States Court Of Appeals, 1989) The Rowley case ultimately provided a basic “floor of opportunity” and with regard to handicapped children specifically states that … "[t]he Act requires special educational services for children 'regardless of the severity of their handicap,"' … and "[t]he Act requires participating States to educate a wide spectrum of handicapped children, from the marginally hearing-impaired to the profoundly retarded and palsied…” (United States Court Of Appeals, 1989) Although Robert Walczak and Karen Walczak V. Florida Union Free School District and Maureen Flaherty produced a ruling that a child should be placed in a program that provides for educational advancement it does not prescribe that a child must show ability to advance before services are rendered.

Guardians of six African American elementary school children, in San Francisco filed a suit against the California Department of Education in 1971. The offended party represented a class of African American children who had been placed – or later in the future be placed in a special education class called EMR “educable mentally retarded.” The EMR classed was designed for children who were found to be incapable of learning in a regular class. Keeping them from developing the necessary skills for them to return to a regular school environment. The offended parties challenged the process of the standardized individual intelligence tests. Expressing that it was one-sided against African American children, which can cause an increased socioeconomic

Alvins A (1968). What is a place of public accommodation. Markette Law Review. Vol.52 No,1, 1 - 54.

Wright and Wright review the case of Florence County School District Four v. Shannon Carter, 510 U. S. 7, 114 S. CT. 361, (1993) among others. In the case of Shannon Carter, which a landmark decision was issued by the Supreme Court. This cause involved the school system defaulting on their "obligation to provide a free appropriate education to Shannon Carter, a child with learning disabilities and an Attention Deficit Disorder." (Wright and Wright, 2012, p.1) This case involved the school, while developing an IEP for Shannon in the tenth grade, refusing to provide the student "with a more

This case was a very significant ruling for special education evident with numerous studies positing that the ruling of this 1982 case was perhaps the most important special education decision by the Supreme Court and to this day, continues to have a profound effect on the education of students with disabilities. Additionally, this was the first time that the Supreme Court had to interpret portions of the Individuals with Disabilities Act (IDEA 1990), which was then the Education for All Handicapped Children Act (EAHCA) as it relates to what constituted a free and appropriate education (FAPE) in the least restrictive environment (LRE).

(USA Today, 2015) There are many different essential points, in the article named, “The History of Special Education Law” by Pete Wright, esq. In reading this article, there are several landmark court cases that were implemented for all disable students. There are three main landmark court cases that affected the outcome of special education students. The Supreme Court Brown v. Board of education (1954), established rights for African-American students have equal educational opportunities rights not to have segregated school in the public educational school system. In addition, the Pennsylvania Assn. For Retarded Children v. Common wealth of Pennsylvania(PARC) and Mills v. Board of Education of District of Columbia presented separation of students and parental participation of parents' involvement of discipline of students in the school system. Equally important are the laws that were established to enforced standard of court cases such as: “The Public Law 94-142: and The Education for All Handicapped Children Act of 1975”, which constituted to

For most of our nation's history, children with special needs or disabilities were shunted aside. In spite of mandated education laws that had been in place since 1918, many students were denied education and