Legal and Practical Implications for Students Identified with Auditory Processing Disorder

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Legal and Practical Implications for Students Identified with Auditory Processing Disorder

Introduction

It was less than a century ago that individuals with disabilities were not considered a part of society. Many of these individuals were sent to institutions and were given no legal rights. Within the last 50 years, there has been a push to ensuring that individuals with disabilities receive the same respect and rights as individuals without a disability. There have been numerous laws and regulations that have been passed to aid in the funding and proper support of individuals with disabilities.

Although the term “disability” is a large umbrella that contains many characteristics, diagnoses, and manifestations, there are many laws that are targeted toward protecting and empowering individuals with a disability. A disability could be mild, moderate, or severe. A disability might be physical, mental, or emotional. A disability might severely hinder an individual’s ability to function or might introduce a handicap for their day to day lives. One things is for certain, any individual who has a disability has the right to be protected by laws ensuring they are supported in whatever aspect they might need in order to succeed.

There are many laws and regulations that had to be passed to get to where we are today in regards to ensuring the rights of individuals with disabilities. The first large push was during the 1970’s other legislation began to follow and court cases began to arise in the fight to ensure that individuals with disabilities had the opportunity to experience the same education and rights as their peers who did not have a disability. Without the push for equality and services, the education of students with disabilities would not be what we know today. It is our job as educators to ensure that we not understand the legislation that is in place in order to aid our students, but understand the court cases and their outcomes that have been fought in the pursuit of ensuring that this legislation is correctly enacted and our students have every available resource they need in order to be successful inside and outside of the classroom. The legal and practical implications of student identified with Auditory Processing Disorder would fall under the umbrella of the legal right of individuals with disabilities. This paper aims to explore the legislation, court cases, legal rights of the parents, and legal rights of the school and community providers for individuals with disabilities.

Legal Issues

Over the years, there have been many laws that have been implemented in order to ensure that the rights of individuals with disabilities are respected. Before this push, it was believed that these individuals did not have the physical or mental capacity to be able to obtain an education with their non-disabled counterparts. The first real step towards this equality was Section 504 of the Rehabilitation Act of 1973. Since then, we have been making strides forward in the pursuit of an equal education for individuals with a disability. Section 504 of the Rehabilitation Act of 1973 was an effort to ensure that the right of individuals with disabilities are protected and ensures that appropriate services are available for students with disabilities, especially those who might not meet eligibility under federal criteria (Katsiyannis, Landrum, & Reid, 2002, pg. 9). This protection was a huge leap in the ability for students with a disability to receive a free and appropriate education.

Section 504 has several separate elements to it to ensure that individuals with a disability are supported in any setting they might encounter. One element of section 504 states that the discrimination of disability in any program receiving federal funding is prohibited (Katsiyannis, Landrum, & Reid, 2002, pg. 9). Since public school are federally funded, they are prohibited from telling a student that they are unable to attend due to a disability. This ensures that the student will be given the same educational opportunities that their peers without a disability receive. In order to support this, educational services must be free and appropriate with proper supports in place (Katsiyannis, Landrum, & Reid, 2002, pg. 9). This ensures that once they are in an educational setting, that they are able to access the curriculum to the fullest extent. This means that the educational institution must provide accommodations and supports, whither physically or educationally, in order to ensure that the student’s disability does not inhibit their ability to learn and progress. Another aspect of Section 504 ensures that individuals cannot be denied benefits or the ability to participate due to the recipient’s facilities being inaccessible (Katsiyannis, Landrum, & Reid, 2002, pg. 9). This ensures that an individual with a disability is not turned away due to a facility’s inability to accommodate them. Section 504 ensures that this discrimination is not encountered and that the individual with a disability is fairly treated and able to experience the same access as those without a disability.

Once the student has completed a K-12 program, Section 504 ensures that they have the ability to attend a postsecondary educational program. It states that a postsecondary education cannot discriminate admissions based on a disability and are required to accommodate to ensure access to curriculum (Katsiyannis, Landrum, & Reid, 2002, pg. 9). This will allow the student to access the educational setting of any postsecondary institution without difficulty. Once the student begins to look for employment, whither it is after their K-12 program or after completion of their postsecondary program, they are also protected under Section 504. This is because employers may not discriminate against individual with a disability and are required to make “reasonable accommodations” for individuals with a disability to access their job requirements (Katsiyannis, Landrum, & Reid, 2002, pg. 9).  There is no reason that a disability should come in the way of an individual’s ability to provide for themselves. If they are qualified for a position, they should be able to work with the employer and make the proper modifications to ensure full access to properly complete their jobs.

Section 504 also protects the health and well-being of individuals with a disability. It states that no person with a disability can be denied healthcare or social service benefits due to impairments (Katsiyannis, Landrum, & Reid, 2002, pg. 9). This element of Section 504 is an important one. Due to the nature of some disabilities, the need for medical attention and therapies could be more than a typical non-disabled peer. This could cause the cost of treatment needed to be much higher, in turn making it tempting for an institution to discriminate. However, without proper medical and therapeutic treatment, the individual with a disability could greatly suffer. The presence of a disability does not mean that they should not be entitled to proper care to stay happy and healthy. Section 504 ensures that any individual with a disability is not discriminated against in regards to education, employment, or healthcare and allows that individual to have the same rights as someone who does not have a disability. Section 504 was the backbone to the development of the Individuals with Disabilities Educational Act (IDEA) that would soon follow.

After Section 504 of the Rehabilitation Act of 1973 was developed and before the development of the Individuals with Disability Education Act, there was another piece of legislation. The Education for all Handicapped Children Act (EAHCA) was enacted in 1975 and was the predecessor to IDEA laying the foundation to students with disabilities having the right to a free and appropriate education in a least restrictive environment (Palley, 2003, pg. 606). The development of IDEA did not come overnight. There were many court cases that were taken into account in order for the development of laws and regulations to help support individuals with a disability. In Board of Education of Hendrick Hudson School District v. Rowley (1982), the Supreme Court first attempted to define what constitutes a free and appropriate education based on the case (Palley, 2003, pg. 608). The details of this case will be discussed in the section below this, however this case was pivotal in the Supreme Court’s understanding what needed to be in placed in order to ensure that the student was truly receiving an equal education to their non-disabled peers. It was during this case that the Supreme Court recognized that the educational environment must be tailored to the individual child’s capabilities and that the school must provide services and supports that ensure maximum potential and not just minimal achievement on the student’s behalf (Palley, 2003, pg. 609).

The next influential court case in the development of IDEA was J.D. v. Pawlet School District in which the Supreme Court realized the importance in the child meeting “state educational standards” and the need to comply with a student’s individual educational plan (IEP) in order to fully support the student’s success (Palley, 2003, pg. 610). It was this case that brought to light that even though a student might be meeting educational standards and demonstrating success, that there could be other underlying factors that could be impeding their progress. It was determined that the need for educational, behavioral, or physical supports could not be determined by academic success alone and that the student’s IEP needed to be properly implemented in order to ensure proper supports are in place specific for that student (Palley, 2003, pg. 610).

Many of the aspects of Section 504 and The Education for all Handicapped Children Act can still be found in IDEA today. The purpose of IDEA is to ensure that all children with disabilities have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; this is done while maintaining the rights of the children and their parents by providing the necessary tools they need to support and develop effective programs used with children with disabilities (U.S. Department of Education, 2017, pg 1). IDEA sets the groundwork of regulations for federal agencies and federally funded programs to ensure that there is an equal opportunity for individuals with disabilities nationwide. IDEA is also vital in the funding of these federal institutions and programs to ensure their continued implementation and success. Without IDEA, individuals with disabilities might not have the opportunity to access the same level of support and services that their non-disabled counterparts are able to access. IDEA has taken the place of Section 504 and The Education for all Handicapped Children Act to be the power and driving force of advocacy for individuals with disabilities. Since 1975, these regulations have aided in providing more than 6.9 million children with disabilities the educational opportunities to meet their individual needs and today, more than 62 percent of children with disabilities are in a general education classroom 80 percent or more of their day thanks to this legislation (U.S. Department of Education, 2017, pg 1).

Research on the Legal Issue

One such disability that would fall under the sanction of the above mentioned laws would be Auditory Processing Disorders. An Auditory Processing Disorders manifest as hearing difficulties in the presence of competing sounds, difficulty in localizing sounds, and difficulty in following oral instructions or understanding rapid or degraded speech despite the presence of normal hearing threshold (Bamiou & Luxon, 2008, pg. 1306). The Auditory Processing Disorder impacts the way that an individual is able to hear and process the sounds around them. In turn, this lack of processing can impact attention spans and the receipt of information critical to learning.  In order for this processing deficit to be proven as being an impact to education there must be a well-documented issue that is physically based in auditory problems and proves a communicative-cognitive issue in the client (Murphy, 2010, pg. 1).

Although Auditory Processing Disorder is a globally recognized as a disability, the actual assessments and instructive strategies can fluctuate by state, district, profession and resources, both public and private (Murphy, 2010, pg. 1). Not having a standardized method to test those suspected with an Auditory Processing Disorder could potentially cause problems. The California Office Administrative Hearings for [Public School] Special Education has over 500 notices of fair hearings with the term Auditory Processing Disorder, meaning that either a parent or a school district was attempting clarification or a decision regarding some aspect of this disorder (Murphy, 2010, pg. 1). The lack of continuity in regards to those diagnosing and servicing individuals with Auditory Processing Disorders means that there could be a lack of proper identification and proper supports that are in place for students with this disability. If an Auditory Processing Disorder is not diagnosed in a timely manner then there is no way to develop and implement interventions to aid the student. If these interventions do not come into play at an early enough stage, the gap that a student might be falling behind in could grow larger and larger. There have been many court cases throughout the United States fighting for the right of individuals with Auditory Processing Disorder due to the lack of continuity surrounding the disability. Many of the following court cases that were researched were a result of the belief that there were violations to the laws that were discussed previously.

Rowley v. Board of Education of the Hendrick Hudson Central School District / The Board of Education of the Hendrick Hudson Central School District v. Rowley was a case of Amy Rowley, a kindergarten student with profound hearing loss who was given a FM transmitter in the classroom but was refused the right to an interpreter in the classroom due to her performing in the upper half of her class (Kreisman, 2010, pg. 429). The FM transmitter is used like a modified hearing aid. The student wears an earpiece and a microphone is attached to the source of the sound (ex: teacher) in order to amplify the student’s hearing. The Rowley family felt as though Amy’s right to a free and appropriate education was being violated because the school district refused to provide the requested service. (Kreisman, 2010, pg. 429). Ultimately, the Supreme Court decided in favor of the school district stating that there was no IEP developed reflecting these services and that no laws were broken due to the school district providing “services with educational benefit” to the student (Kreisman, 2010, pg. 429). This case is a demonstration of the importance of having an Individualized Education Plan that is complete with all necessary services and is developed as a team. It is the job of the school district to ensure that the student is provided with everything that they need in order to succeed. In the case of Amy Rowley, she was demonstrating through her performance in the classroom that she was successful, therefore, the Supreme Court decided that there were no violations being committed.

Kelby v. Morgan Hill Unified School District is the case of Richard Kelby who was diagnosed with a specific learning disability and was enrolled in special education classes but after another evaluation it was discovered that Richard had an Auditory Processing Disorder (Kreisman, 2010, pg. 430). This newly discovered disability meant that Kelby no longer qualified for the more restrictive level of special education services he was receiving since it was shown that he did not have a severe discrepancy between his ability and achievement or a disorder in basic physiological processing and the decision to keep Kelby in least restrictive environments was upheld (Kreisman, 2010, pg. 430). This case demonstrates the school’s desire to keep students in an environment that will fully support their potential without making the environment so restrictive that it hinders their ability to progress.  It is determined that as long as the student remains successful with supports in the general education classroom, there truly is no reason to move the student to a more restrictive  self – contained classroom.

Mrs. C v Voluntown Board of Education is a case where a 17 year old male who was diagnosed with ADHD and Auditory Processing Disorder who’s family rejected IEP services in order to keep him at a private school. (Kreisman, 2010, pg. 435). The family then fought the school to pay for his placement, tuition, psychological support, and residency since they felt that he was not receiving the services that he was supposed to receive; the school countered that the family failed to comply with the recommendations of the IEP (Kreisman, 2010, pg. 435). It was determined that the family would be awarded payment for the tuition since the child was moved unilaterally and the proper supports were not received in the new placement (Kreisman, 2010, pg. 435). Since the student was diagnosed with ADHD and Auditory Processing Disorder in while enrolled in the private school, it was the school’s job to provide supports in order for him to succeed. Since the school did not show diligence in doing so, they were out of compliance of IDEA and ADA which is why the family was awarded the case. Although in some cases, the decision to be a private school could mean the loss of services because private institutions are not regulated by all of the same standards as a public school is, the private school is still help liable to ensure that all students who attend their institution are given the tools needed to succeed.

Ford v Long Beach Unified School District is a case in which the student, Amanda Ford, is classified as gifted but is doing very poorly in school due to Auditory Processing Disorder; her parents are fighting for special education services in order to aid in her achievement in school (Ford v Long Beach Unified School District, 2002, pg. 1087). The family was fighting that the school district not only rely on the traditional standardized testing but to also take into consideration alternative measures such as interviews, observations, parent-teacher reports, and a review of records and tests of her skillset (Ford v Long Beach Unified School District, 2002, pg. 1089). Unfortunately in the state of California, the diagnosis of Auditory Processing Disorder was not enough for qualify Amanda for special education services and the request for alternative assessments were denied due to Amanda’s above average IQ and an outside report backing up this data; however she was able to receive supports of an environmental and social / emotional capacity in order to support the success of Amanda in the general educational setting (Ford v Long Beach Unified School District, 2002, pg. 1090). Since Amanda was not demonstrating a learning disability or a below average IQ, the school district was unable to justify a more restrictive environment for Amanda. They were, however, able to compromise with the implementation of support to better aid Amanda in her success in the classroom.

These court cases are just a scratch of the surface for the court cases that are involving students with Auditory Processing Disorder. It seems as though there is a trend of violations of IDEA and ADA in regards individuals who are diagnosed with Auditory Processing Disorder. This is because the nature of the disability is different from student to student, that it is hard to say that a particular set of accommodations will help this specific group. The one thing that is important to keep in mind however is that these individuals do have a deficit and that deficit needs to be specifically identified. Once that deficit is identified, then a plan and supports can be developed and implemented in order to ensure that the individual is getting everything that they need in order to succeed.

Legal Implications for Students & Families

The laws that were discussed before clearly outline parental rights that are available to the families under the legislation. The first and most important aspect of IDEA is that parents have the right to have their child take part in and receive benefits from public education programs without discrimination based on a disability. (Katsiyannis, Landrum, & Reid, 2002, pg.12).This means that the parents are able to have their child attend a public educational program no matter what disability the child might possess. The institution cannot discriminate against them based on the disability or the supports the child might need due to the disability. This gives the student with a disability the fair opportunity to access the same level of education and programs that are available to their peers who might not have a disability. In addition, this right to a free appropriate public education includes the right to be educated with other students to the maximum extent appropriate while including the right to have the school district make reasonable accommodations to allow the child an equal opportunity to participate in school and all school-related activities (Katsiyannis, Landrum, & Reid, 2002, pg.12). Students with a disability do not need to have a separate setting. This aspect of IDEA allows them to receive accommodations and supports that will help them be educated in a least restrictive environment. This allows the student with a disability to access the same curriculum, content, experiences, and educational settings as their peers who may not have a disability. Even if there are accommodations or interventions that need to be created and put into place, it is the job of the school to ensure that the student has an equal opportunity of accessing their education. Parents have the right due to IDEA to have their child educated in facilities and receive services comparable to those provided student without disabilities (Katsiyannis, Landrum, & Reid, 2002, pg.12).

The parents are also entitled to have the school district advise them as to their rights under federal law (Katsiyannis, Landrum, & Reid, 2002, pg.12). This aspect is very important in the advocacy of the student. The legislation and laws can sometimes be difficult to navigate, understand, or know how to apply to your child. It is the parent’s right to know and understand how these laws apply to their child and their particular situation. Since the schools can have more knowledge and experience in implementing these laws and regulations, it is the responsibility of the district to aid in the support of the family and the child.

Most importantly, it is the parent’s right to be a part of their child’s education. This means that according to IDEA, they are to receive notice with respect to identification, evaluation, or placement of their child (Katsiyannis, Landrum, & Reid, 2002, pg.12). The school cannot simply state that they believe that the student has a learning disability or an impairment and place them in what they believe is an appropriate setting. The school must notify the parent in a reasonable timeframe that there is a suspicion and gain consent in order to evaluate and identify the presence of a possible impairment. Once this is done, the school must then inform the parents of the results of the evaluation before they can move forward in providing supports or an appropriate setting for the student. Part of this is to have evaluation, educational, and placement decisions made based upon a variety of information sources, and by individuals who know the student, the evaluation data, and placement option; have transportation provided to a school placement setting at no greater cost than would be incurred if the student were placed in a program operated by the school district; examine all relevant records related to decisions regarding their child’s identification, evaluation, educational program, and placement (Katsiyannis, Landrum, & Reid, 2002, pg.12). These educational evaluations and decisions are performed by a team. The team can be comprised of the student’s teachers, therapists, support services such as guidance counselors, psychologists, or social workers, outside agencies, and the parents. It is important to keep in mind that it is a team effort and decision and not just the decision of one entity of this team. No one voice is more important than another and all parties involved in this team must work together to ensure that the decisions that are made are based on what is best for the child and their educational progress and development. These decisions must take into account the whole child and the whole situation. Decisions cannot be based off of what was done for another student in a similar situation or what the school based team wants to do without the input of the family. Everyone must collaborate and come to a mutual conclusion as to what will be most beneficial for the student.

If there is some discrepancies within the team and the decisions being suggested or implemented, it is the parent’s rights to obtain copies of educational records at a reasonable cost if the fee would effectively deny them access to the records and receive a response from the school district to reasonable requests for explanations and interpretations of their child’s records (Katsiyannis, Landrum, & Reid, 2002, pg.12). This will allow the family to make more educated decisions and gain a better picture of what is happing in the school setting. It is the job of the school to ensure that the parent receives these records and understands what they mean. The school must aid in the interpreting of the information or data so that the parent has all of the information in regards to their child. If at any point the parent feels as though what is being implemented by the school is not in the best interest of their child, the parent has the right to intervene. The parent is able to request an amendment of their child’s educational records if there is a reasonable cause to believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of the child and if the school district refuses this request the school must notify the parents within a reasonable time and advise them of the right to a hearing (Katsiyannis, Landrum, & Reid, 2002, pg.12). This aspect of the law ensures that the school does not have the ability to make decisions without taking the parent’s rights into account. It does not allow the school to be a sole governing body in the decisions implemented for the child. It prohibits the school from being able to be a dictatorship in the educational path of the student.

If the parent’s feel as though the school is not listing to their requests or not working as team in the best interest of the child, the parents then have the opportunity to get outside help. Part of IDEA states that the parent can request mediation or an impartial due process hearing related to decisions regarding their child’s identification, evaluation, education program, or placement and allowing the parent and their child to take part in the hearing with an attorney to represent them (Katsiyannis, Landrum, & Reid, 2002, pg.12). This ensures that the student and the parents have a say in the educational process. This mediation could be a representative from the district or a representative from an outside agency. The purpose of this mediation is to have an outside and neutral voice in the situation. They are able to hear both sides of an argument and make impartial and educated suggestions. They can also aid in helping the school and the family come to a middle ground and a mutual agreement in the situation that is being discussed. If the family still feels as though their voice is not being heard or that their child is not receiving an appropriate education or proper supports, they then have the opportunity to take their case further. IDEA lays the groundwork for the parents to have the right to file a local grievance and ask for payment of reasonable attorney fees if they are successful in their claim (Katsiyannis, Landrum, & Reid, 2002, pg.12). This aspect of IDEA gives the parents the legal opportunity to fight for what they believe is fair for their child. It ensures that the parents always have a voice in the educational path of their child. With this, the parents can advocate properly and ensure that their student with disabilities is receiving the support and opportunities that any student, disability or not, is entitled to.

Another important legal support for a student with a disability is an Individualized Educational Plan (IEP). After all the proper steps are taken to asses sand recognize a disability, the child is then able to receive an IEP. The goal of an IEP is to create a document that outlines the supports and accommodations that a student needs in order to receive an appropriate education. The IEP must include a statement of the child’s present level of performance, a statement of annual goals, including short-term educational objectives, a statement of specific special education and related services to be provided to the child, including the extent to which the child will participate in regular educational programs, the projected dates for the start of services and their duration, and a list of criteria and evaluation procedures to determine at least annually whether the objectives are being achieved (Gee, 1996, pg. 2). The IEP is a legal document and it is the job of the school to uphold the information that is presented within. It is the parent’s’ right to be there during the development of this document and have a say in its creation. The educational decisions and supports that are implemented for the child after the creation of this document will be based off of the decisions that are made in the IEP. It is the parent’s right to request a meeting in order to discuss or make changes to the IEP throughout the year. It is the school’s job to ensure that this document is updated and made current once a year. If the parent has a concern or needs to file a grievance through a due process hearing, the case will be based off of the IEP and it is the parent’s job to prove that the IEP is not appropriate for the student (Gee, 1996, pg. 3). The IEP is an important document in the development and implementation of an appropriate education that is specific to the student and their needs. Without an IEP, the student will not be able to fully access the educational setting and there is a chance that they could become unsuccessful.

Legal Implications for Family and Community Engagement

Although the student and parents have many pieces of legislature set in place in order to protect them, there is the community aspect that also needs to be taken into account. It is the job of schools and supporting agencies within the community to ensure that they are upholding the laws that are set in place to protect individuals with disabilities. The first step of this compliance is the development and proper implementation of the IEP. As discussed previously, the IEP is an in-depth document that aids in supporting the student, but what does this mean for the school?

The IEP sets the goals and guidelines that are specific to the student it was developed for. It is the job of the district to make a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP (Weishaar, 2001, pg. 97). This means that it is not just the responsibility of the school for the development of the IEP. The school is also legally required to implement the accommodations and modifications listed in the IEP.  Once successfully implemented, it is then the job of the school to assess the progress of the IEP on a regular basis and inform the family of this information. The school district must also ensure that the child’s’ IEP is accessible to every teacher, special education or general education, related service provider, and any other service provider who is responsible for its implementation (Weishaar, 2001, pg. 97). This aspect will guarantee that the educational accommodations and modifications that have been made to ensure the student’s success are available to the student in any setting that they might experience throughout their day at school. The successful implementation of an IEP not only allows the student to receive an appropriate education that is conducive to their specific learning needs, but also keeps the school in compliance of the laws and legislations that have been enacted in order to protect students with disabilities.

There are, however, consequences for the school if the proper implementation of a student’s IEP is not done. The first consequence would be a due process hearing. This process allows the parents to have the right to request an impartial hearing if they disagree with a student’s IEP or the implementation of that IEP (Weishaar, 2001, pg. 97). This process is time consuming, costly, and invasive. It could lead to the loss of funding, support services, or community support. Another consequence is that a lawsuit might be filed against the teacher (Weishaar, 2001, pg. 97). If found guilty of not properly implementing the various aspects of an IEP, this could mean trouble for the teacher. The teacher could be fined monetarily, could be punished professionally through their local school board, or be asked to relinquish their teaching certificate, depending on the severity of the case. In addition, the teacher’s evaluation could be impacted by the lack of implementation of an IEP (Weishaar, 2001, pg. 97). The teacher would be demonstrating inadequate implementation of teaching strategies in various areas of the evaluation, thus leading to a poor evaluation. In most cases, a teacher’s evaluation is closely linked with their salary, contract renewal, or ability to secure a position in the upcoming year. Most importantly, the final consequence to a teacher in the lack of proper implementation of a student’s IEP is the fact that the student will be severely impacted (Weishaar, 2001, pg. 98).  It is our job as educators to ensure that the student is given everything that they need in order to access the information being presented. It is impossible to be an effective educator if you are not holding true to the practices that have been identified to aid a student. When the student’s IEP is not followed, they are losing out on valuable opportunities to be able to successfully access curriculum.

The guidelines of IDEA are also implemented throughout the community in post-secondary institutions. Although most colleges and universities are not federally funded, they are still required to ensure that individuals with disabilities are properly supported. It is an institution’s responsibility to ensure that they are providing reasonable academic adjustments for student who qualify as disabled under the ADA and that it is the professor’s job to ensure that their materials and instruction are within federal disability law and not what the institution interprets as proper accommodations (Cope, 2005, pg.38). Although there are loopholes in IDEA that allow for post-secondary institutions to not fully support an individual with a disability, it is the professional responsibility of the professor to ensure that all of the students in their class are able to fully access the information being presented. If this means that the professor needs to make reasonable modifications to their teaching or present the information to the student in a more conducive format, then it is their academic duty to do so. Faculty members of a post-secondary institution want to protect their own interests and be free to decide how they will teach – but they must also want to be fair to students with legitimate, documented disabilities (Cope, 2005, pg. 39).

Summary

The legal and practical implications for students with Auditory Processing Disorder are through and clearly outlined throughout the various legislation and laws that have been implemented for individuals with disabilities. Section 504 and IDEA lay out guidelines for institutions that are federally funded to ensure that they are providing fair and appropriate services for individuals with disabilities. There have been many state and federal court cases that have led to the shaping and honing of Section 504 and IDEA as loopholes and downfalls of this legislature was discovered. Through these developments, a unified system of support was developed and the opportunities for individuals for disabilities skyrocket. The parents of students with disabilities were empowered and encouraged to become a part of their student’s educational plans. These laws allowed for the parents to have legal leverage with the schools to ensure that their students were receiving services that contributed to an appropriate and equal education to those student who may not have a disability. This recognition of parental rights can be demonstrated on a school level, district level, or even a state level. Section 504 and IDEA also made sure that the schools are in compliance to create individualized plans for these students to support them on their unique needs. In turn, if these laws and legislations are not followed to fidelity, there are serious consequences that can happen to the teacher, the school, the school district, or the institution. This level of support allows the student to have full access to an education that will challenge them and academically stimulate them, pushing them to achieve their fullest potential of success.

Resources

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337(7682), 1306-1307. Retrieved from http://www.jstor.org/stable/20511479

Cope, D. (2005). Disability Law and Your Classroom. Academe, 91(6), 37-39.

doi:10.2307/40252863

FORD v. LONG BEACH UNIFIED SCHOOL DISTRICT, Nos. 00-56438, 00-56539. 291 F.3d

1086 (2002) (United States Court of Appeals, Ninth Circuit. May 29, 2002).

Gee, J. (1996). Special Education Law An Overview. Compleat Lawyer, 13(3), LN1-LN3.

Retrieved from http://www.jstor.org/stable/23778948

Katsiyannis, A., Landrum, T., & Reid, R. (2002). Rights and Responsibilities Under Section 504.

Beyond Behavior, 11(2), 9-15. Retrieved from http://www.jstor.org/stable/24011343

Kreisman, B. M. (2010). A Case Law Review of the Individuals with Disabilities Education Act

for Children with Hearing Loss or Auditory Processing Disorders. Journal of the

American Academy of Audiology, 21(7), 426-440.

Murphy, MA, CCC-SLP, C. (2010, August 20). What? – Auditory Processing Disorder.

Retrieved June 03, 2017, from http://www.specialeducationadvisor.com/what-auditory-processing-disorder/

Palley, E. (2003). The Role of the Courts in the Development and Implementation of the IDEA.

Social Service Review, 77(4), 605-618. doi:131.247.112.3

U.S. Department of Education. (2017). Individuals with Disabilities Education Act. Retrieved

June 07, 2017, from https://sites.ed.gov/idea/

Weishaar, M. (2001). The Regular Educator’s Role in the Individual Education Plan Process. The

Clearing House, 75(2), 96-98. Retrieved from http://www.jstor.org/stable/30189711

SELF & FINAL EVALUATION

Research Paper on Legal and Practical Implications

(This document must be completed and included in your final submission)

For each of the areas below indicate a plus or minus based on your own self-evaluation.  Write 5 -10 sentences on your rationale for your self-assessment.

Name: ______Jessica Conover_________ Date: ______7/7/2017__________________

Research paper on Legal Implications    Plus/minus

  1. Introduction of the Legal Issue (Approx. 1- 3 pages) +/-

The introduction addresses the definition of a disability and the legal implications that come with the recognition of a disability. I believe that the introduction to this paper is in depth and through. The introduction clearly defines the purpose of the paper and what elements will be explored.  I feel as though the introduction is an effective taster to the research that the research paper contains.

  1. Discussion of the Legal Issue (Approx. 3-5 pages) +/-

There is discussion about the various laws and legislature that have been enacted in regards to students with a disability. It discusses the path that individuals with disabilities had to take in order to receive the services and earn the rights that they are entitled to.

  1. Research Details on the Legal Issues (Approx. 4- 5 page) +/-

There are various legal cases that are discussed that were critical in the development of the rights that individuals with disabilities have today. There is also research in regards to federal legislature and how it impacts students who receive services. There is also research and reflection of the legal issues that parents and schools might encounter in regards to violations of these legal issues.

  1. Practical Implications of the Legal Issues for Students (Approx.3-5 pages) +/-

There is explanation into the implications that are a direct result of the legislation discussed. This discussion addresses when the legislature is correctly implemented. It also discusses when the legislature is violated. The section discusses in a practical and relatable sense how all parties involved with the legal legislation are impacted by their actions.

  1. Summary (Approx. 1 – 3 pages) +/-

The summary of this paper creates a snap shot of the information that was discussed throughout. There is an outline of all of the sections that were addressed in the paper. Each piece of the outline has a quick summary of what was discussed within that section. The summary, in my opinion, would allow any person to just read that section and get an idea of what was discussed within the research paper. I think that the summary also does a thorough job on bringing the paper to a cohesive conclusion.

  1. Correct referencing page APA style  (Approx.10 references) +/-

There are ten references that are utilized in the research of this paper. The reference page is formatted in the correct style for APA format. The resources are in alphabetical order as APA requires. The references are indented properly to follow APA guidelines.

  1. Submitted document for plagiarism check & must pass plagiarism check +/-

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  1. Spelling, grammar, & presentation style of the paper +/-

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  1. APA style throughout manuscript +/-

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  1. Evidence of higher level thinking +/-

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Legal Implications

Plus/minus  

 

  1. Legal Issue explained in detail +/-

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  1. Most current findings detailed on the legal issue  +/-

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  1. Practical Implications for Teachers & Students about this Legal Issue explained +/-

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  1. Salient information on the legal issue including further resources and information +/-

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  1. Clear material +/-

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