Assignment

ENDREW F., A MINOR, BY AND THROUGH HIS PARENTS AND NEXT FRIENDS, JOSEPH F. ET AL. v. DOUGLAS COUNTY SCHOOL DISTRICT RE-1

Read the entire decision and answer the questions below.

[Note: Cut and paste these questions. Post the appropriate response after each question. Submit a hard copy.]

1.The decision is subtitled "Certiorari to the United States Court of Appeals for the Tenth Circuit." What is the meaning of "Certiorari"?

2.Which Justice wrote the opinion for the court. Which Justices joined? Is there a dissenting opinion?

3.The court devotes the first several pages of its decision to the Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley, 458 U. S. 176 (1982) case. In your own words, what were the facts in that case? What was the court's decision in that case?

4.Why did this Court believe the Rowley case was relevant?

5.The court uses the acronym IDEA.
A) What doe this stand for?
B) What is it and where did it come from
C). What is FAPE and why is it relevant?

6.On page 4 of the opinion the court notes that the parties have two starkly different definitions of the meaning of FAPE. Explain.

7.The case before the court gives attention to EndrewF. on page 6 of the opinion. Answer the following questions:
A) What is his disability?
B) Was his behavior disruptive to the learning environment? If so, how?
C) What does IEP stand for?
D) Did the school provide a new IEP each year? If so, what concerns did the parents have?

8.The parents displeasure with their son's development caused them to make a significant change in his learning environment. What did they do? And who paid?

9.Who filed this lawsuit against whom? Was this filed in federal court or state court? Why?

10.Page 8 notes that an Administrative Law Judge issued a decision early in the process.

a.What is an administrative law judge.
b. Which department was he with?
c. And what was his opinion?

11.This landed in the district court. What was the decision of the district court? In your own words, what was their reasoning?

12. What was the decision of the Court of Appeals? What was their reasoning?

13. What is the meaning of "de minimis"? Why was this important?

14.On page 9 of the opinion the school district makes its arguments based on the Rawley case. In your own words, what are the arguments of the district?

15.In your own words, how does the Supreme Court address the arguments put forth by the district?

16.On page 11 the court addresses "the Act." To which "Act" are they referring? Where did this act originate?

17.On page 12 the court addresses the importance of "regular classrooms." In your own words, why did the court believe this is important?

18.The court on page 14 again addresses the idea of "de minimis" education. What point is the majority trying to make?

19.The court on page 15 gives considerable weight to an argument made by Justice Blackman.

A) Who is justice blackman?
B) Why is court giving him such deference? (What legal doctrine does this bring to mind?
C) What argument was he making?

20. Who won? Do you agree with the decision? Why or why not?

Article: The separate, unequal education of students with special needs by TIMOTHY PRATT.