Case Study: Childhood School
The plaintiff Rafael, at the time was an eight- year old boy with Down syndrome, a genetic defect that impaired his intellectual and speech ability. The District’s Child Study Team evaluated and recommended Rafael to attention a self-contained special education class outside of his school district. Rafael parents found the recommended schools to be unacceptable. The District and parents came to an agreement that Rafael would attend a developmental kindergarten class for children not fully ready for kindergarten in the mornings, and a special education class in another school district in the afternoons. Rafael made some progress in the developmental kindergarten class however he also had some behavior difficulties. The Child Study Team determined the best placement for the following school year would be segregated special
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education class labeled educable mentally retarded. Rafael’s parents disagreed with the team’s placement and sought a due process hearing. Instead of a due process hearing both parties agreed to mediation. Through mediation both parties agreed to special education class labeled multiply handicapped, and the exploration of mainstreaming possibilities.
Rafael made academic progress, however he had no contact with nondisabled students. The Oberti filed for a due process hearing under IDEA requesting Rafael be placed in a regular class in his neighborhood school. The Administrative Law Judge affirmed the school district’s decision to place Rafael in a segregated special education class as the least restrictive environment for Rafael and based on the disruptive behaviors Rafael was not ready for mainstreaming. The Obertis filed a civil action in the District Court. The district court ruled in favor of the Obertis, because the School District had violated IDEA by not establishing evidence that Rafael could not at the time be educated in a regular classroom with supplementary aids and services. The court also found the School District in violation of Section 504 of the Rehabilitation Act because the District refused to include Rafael in a regular classroom therefore discriminating against Rafael. The court therefore ordered the School District to develop and inclusive plan for Rafael for the following school year consistent with the requirements of IDEA and Section 504 of the
Rehabilitation Act.
Impact on School Psychology
• School psychologist must consider every aspect of the child when considering placement of children with disabilities to ensure children are being placed in the least restricted environment.
• An IQ score alone does not qualify placement of a child in a more restricted environment away from his/her nondisabled peers, therefore the least restricted environment is not to be determined solely by the disability code.
• It is a team effort of ensuring children correct placement in the least restricted environment.
education class labeled educable mentally retarded. Rafael’s parents disagreed with the team’s placement and sought a due process hearing. Instead of a due process hearing both parties agreed to mediation. Through mediation both parties agreed to special education class labeled multiply handicapped, and the exploration of mainstreaming possibilities.
Rafael made academic progress, however he had no contact with nondisabled students. The Oberti filed for a due process hearing under IDEA requesting Rafael be placed in a regular class in his neighborhood school. The Administrative Law Judge affirmed the school district’s decision to place Rafael in a segregated special education class as the least restrictive environment for Rafael and based on the disruptive behaviors Rafael was not ready for mainstreaming. The Obertis filed a civil action in the District Court. The district court ruled in favor of the Obertis, because the School District had violated IDEA by not establishing evidence that Rafael could not at the time be educated in a regular classroom with supplementary aids and services. The court also found the School District in violation of Section 504 of the Rehabilitation Act because the District refused to include Rafael in a regular classroom therefore discriminating against Rafael. The court therefore ordered the School District to develop and inclusive plan for Rafael for the following school year consistent with the requirements of IDEA and Section 504 of the
Rehabilitation Act.
Impact on School Psychology
• School psychologist must consider every aspect of the child when considering placement of children with disabilities to ensure children are being placed in the least restricted environment.
• An IQ score alone does not qualify placement of a child in a more restricted environment away from his/her nondisabled peers, therefore the least restricted environment is not to be determined solely by the disability code.
• It is a team effort of ensuring children correct placement in the least restricted environment.