Brooks Handler is a seventh-grade student at Robins Middle School (RMS).

1, Read the following case study and apply your knowledge of laws and IEPS to discuss the questions.
Case Study
Brooks Handler is a seventh-grade student at Robins Middle School (RMS). In fourth grade, Brooks was found eligible for special education services as a student with a specific learning disability in reading and writing. More specifically, Brooks has significant difficulty with reading comprehension, composition, and handwriting (dysgraphia). Brooks works hard and has sup¬portive parents who help with homework and organization. Brooks has always been placed in regular education classes with accommodations and modifications. He attends a study skills and learning strategies resource class every other day for students with specific learning disabilities. Brooks is a solid “B” student. Brooks’ IEP contains the following accommodations and modifications: (1) extended time on quizzes and tests, (2) teacher copies of all notes, (3) extended time on long writing assign¬ments, and (4) oral administration of quizzes and tests. Until recently, his IEP has always been appropriately implemented, and his parents have been very supportive of the teachers and the school.
During the annual review of Brooks’ IEP, Mr. and Mrs. Handler expressed their concern regarding Brooks’ English teacher,Mr. Riley. The parents shared documentation of five different times Mr. Riley failed to pro¬vide their son with specific accommodations. As requested by the parents. Mr. Riley was in attendance for this meeting. The parents claimed that Mr. Riley’s failure to comply with Brooks’ IEP led to failing quiz and test scores, increased frustration, and an overall denial of FAPE.
In response, Mr. Riley noted that he could not confirm or deny the specifics of the five alleged times he did not comply with the IEP. He continued, however, to note that Brooks is in middle school now and that if he does not have legible notes, he should request a copy from another student. Furthermore, he stated that it is very difficult to read every quiz and test to Brooks while he has 26 other students to attend to. Mr. Riley told the parents that if Brooks does not learn to do certain tasks on his own, he will never develop the skills necessary to be successful in the regular education class¬ room and curriculum. He further commented that the IEP was enabling Brooks and that he should not be provided with a copy of Mr. Riley’s notes. Mr. Riley finished by asserting that since Brooks’ needs are so significant, he would be better served in a special education English class.(Hulett, K. (2009). Legal aspects of special education. Upper Saddle River, NJ: Pearson , p160-161)

  1. Discuss the following A. Share and apply these 3 laws to this case study
    1. PL 95-49 Individuals with Disabilities Education Act (IDEA)
    2. American with Disabilities Act (ADA
    3. Perkins Act

B. Under the IDEA, does a teacher have the professional right and discretion to choose which accommodations or modifications he or she will implement? Is the school in compliance with the IDEA or is Mr. Riley possibly compromising Brooks’ right to a FAPE? Apply the Rowley two-part test to determine whether or not the regular school environment is appropriate? How do you think the parents, Mr. Riley and the special ed teacher each define appropriate? Why has the word appropriate led to an extensive amount of litigation in relation to FAPE? Is this considered the LRE for the student? Why or why not? Finally based on your legal and ethical beliefs, what would you recommend in this situation?



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