A writing disability is having trouble with written expression and can range anywhere from problems with spelling to holding a pen. Writing is crucial to a child’s academic success, and knowing how to identify a writing disorder and ways to intervene can make a huge difference! Writing disabilities are often associated with other learning disorders.
The IDEA strongly prefers that children with special needs be educated to the “maximum extent appropriate” with typically developing peers and removal should only occur “when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” This preference is commonly referred to as the least restrictive environment (LRE) and is one of the underlying mandates of the IDEA.
THE MAJORITY OPINION CONTRADICTS ITSELF, THE LANGUAGE OF THE STATUTE, AND THE LEGISLATIVE HISTORY…
Board of Education of Hendrick Hudson School District v. Rowley
JUSTICE WHITE, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.
The passage of time has not yet vindicated the dissent authored by Justice White and joined by Justice Brennan and Justice Marshall in Board of Education of Hendrick Hudson School District v. Rowley. For a quick primer on the facts surrounding the decision in Rowley, please refer to my previous article. In this post I will look at the reasoning behind Justice White’s dissent in Rowley and Congress’ re-authorization of the IDEA in 1997 which was the catalyst for a number of cases that were brought forward re-examining the Rowley standard.
The IDEA Guarantee of a Free Appropriate Public Education
Under the Individuals with Disabilities Education Act (IDEA), children that qualify for special education are guaranteed a Free Appropriate Public Education (FAPE). The Free, Public, and Education aspects of this acronym are generally not an issue. However, defining “appropriate” is at the core of most disputes between parents of a child with special needs and that child’s school district. If a special education director has ever reminded you that your child need only receive “some educational benefit” or that the school need only provide a “floor of opportunity” or that your child was not entitled to a “Cadillac Education” than you and your child have encountered the Rowley Standard.