How Court Cases Have Effected Students with Disabilities

Beginning with Brown vs. the Board of Education concerning desegragation of schools, things have changed drastically in our schools in regards to serving students with disabilities.  Various court cases have led to difficult decisions about whether disabled students should have a place in a regular classroom or not.  In some cases, it was found to be an effective strategy for these students.  In other cases, not so much.  Some disabled students are more of a distraction and take away from the learning of the other students.  The teacher spends most of his/her time attending to the disabled student rather than teaching the other 15 or so students.  This, quite frankly, is an injustice.  You must look at the bigger picture.  Sure, you want to reach all students, but you can't just drop your other 15 (or more) students to serve the one disabled.  I understand wanting these students mainstreamed if possible.  It is good for nondisabled students to be around disabled students.  After all, that is what the real world is like.  However, some children are not suited for a regular classroom.  These court cases have helped ensure that all students regardless of color, race, ethnicity, or ability receive a fair and equitable education.  As a result, students with disabilities now must have IEPs with goals specifically designed for these students.  This way their needs are being met on their level.  However, it practically takes an act of congress to get these students served in the appropriate setting and to determine if they do have a disability.  I know from experience that I have spent an entire school year trying to get a student services for a disability.  Although, they are guaranteed an equal education, the process of getting everything in place to meets the needs of these students takes too long.

David R. vs. State Board of Education

This case is focused around a 6 year old handicapped boy by the name of David R.    David R. is mentally retarded and speech impaired due to Downs' Syndrome.  His academic level at the time was equal to a 2 year old.  His parents claimed that the State Board of Education refused to place their son in a classroom with nonhandicapped children which violated the Education of the Handicapped Act.  David completed one year in the Early Childhood Program.  Then his mother requested that he become a part of a class with nonhandicapped children.  Due to this request, David attended Pre-K for half a day and Early Childhood Program the other half.  However, David could not participate in class without constant one-on-one supervision.  The teacher became concerned that her other students were not getting the attention they deserved.  At this time, the Admission, Dismissal, and Review committee determined that a Pre-K classroom was not the appropriate setting for David.  It was then determined that David would only attend the Early Childhood Program, but he would be able to eat lunch with nonhandicapped peers.  David's mother and father appealed the decision that David could not participate in the regular education classroom on several occasions.  After viewing the evidence, it was still determined that a Pre-K classroom was not the place for David.  The committee stated that the curriculum was too advanced for David's level of ability and he was not receiving any educational benefit from being in a regular classroom.  Being displeased with the decisions of the school board and the committee, David's parents sent him to a private school.  Still, David's mother wanted him mainstreamed in order to provide him with interactions with nonhandicapped children.  After all was said and done, even after reviewing the mainstreaming act, the decision remained that the regular classroom was not the appropriate place to meet David's needs.
     As a result of this case, children who are mainstreamed into a regular classroom are looked at carefully to see if a regular classroom is the best place for them.  It is not fair for many other students to miss out on an education because one student who is severly disabled demands all of the teacher's attention.  For those students who do not fare well in a regular classroom, self-contained classrooms have been developed.  These classes have very few students as well as a teacher plus several assistants.  This allows for these students to get the attention they may need without being a disruption to many other students.  If possible, these students are mainstreamed into regular classrooms for certain portions of the day.  This way they can interact with nonhandicapped children.

Introduction to Regina Cook

Hi!  I am Regina Cook.  I have been married for 11 years to my husband, Shane.  We have a 4 1/2 year old son named Garrison.  I have been teaching for 14 years.  I have taught 1st, 2nd, 3rd, 4th, and 5th grades.  I currently teach Pre-K which I love!  This will be my last class in order to get my preschool add-on licensure.  Yippee!  I spend my free time crocheting, reading, and doing Sudoku puzzles.