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Towards the end of the 20th century in West Virginia, social studies teacher and West Virginia state senator Michael Withers refused to implement student Doe's IEP within his general education history classroom. Doe, who had a learning disability, was entitled to modified testing through oral exams as stated in his IEP. Despite this, Withers blatantly refused to modify his tests and never administered any oral assessments for Doe. Instead, Withers gave Doe no alternatives and he was forced to complete the written assessments - most of which he failed. Withers also demeaned and belittled Doe regarding his learning disability in front of the other students in the classroom. Because of the failing grades on his tests throughout the year, Doe was doomed to fail social studies for the year. As a result of not passing and failing his class, Doe was not allowed to complete any extra-curricular sports or activities ultimately.

Throughout the entirety of the school year, Doe's parents had met with school personnel, including Withers, in order to get Withers to comply with Doe's IEP. Nothing had changed. Despite being spoken to by the principal, the superintendent, and other school administrators, Withers continued to reject Doe's IEP, and things unfortunately stayed the same for Doe. During the same school year, Withers took a leave of absence to serve on the state legislation, and the school hired a substitute social studies teacher. The leave replacement implemented the IEP modifications for Doe and Doe's grades drastically improved.

Finally, Doe's parents had filed a lawsuit by their right of due process against the personnel involved for failing to provide a service that was identified within Doe's IEP. In the end, Withers was tried and a jury found him personally liable under Section 1983 which was allowed for monetary relief when a government official has violated a constitutional right or law. In this case, Withers violated both IDEA and the 14th amendment. As a result, he was forced to pay the Doe's $5,000 in compensatory damages and $10,000 in
punitive damages, for a total of $15,000 in damages.

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Student - Doe
Parents - Mr. and Mrs. Doe
Teacher - Michael Withers
School - Grafton High School
Government - West Virginia State Legislature

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An example of a special education political cartoon by Michael F. Giangreco on how accommodations can help everyone, not just students with disabilities.

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In 1990, people with disabilities gathered at Capitol Hill to protest and demand disability civil rights and asking Congress to pass the Americans with Disabilities Act.

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In the same way that Brown v. Board of Education (1954) laid the groundwork for disability rights through civil rights laws, the case of Doe v. Withers (1993) sought to obtain disability rights through civil rights laws, as well. The Doe v. Withers case demonstrated the financial and legal consequences that resulted from a teacher's refusal to adhere to a student's IEP and its accommodations/modifications. This case also demonstrates the school's failure to accommodate a student with a learning disability in the general education classroom by failing to implement IDEA and its provisions.

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Costly Lack of Accommodations. (1994). Phi Delta Kappan, 75(8), 652. http://ezproxy.montclair.edu:2048/login?url=https://www-proquest-com.ezproxy.montclair.edu/scholarly-journals/costly-lack-accommodations/docview/218523944/se-2?accountid=12536

Conrad, M., & Whitaker, T. (1997). Inclusion and the Law: A Principal's Proactive Approach. The Clearing House, 70(4), 207-210. http://ezproxy.montclair.edu:2048/login?url=https://www-proquest-com.ezproxy.montclair.edu/scholarly-journals/inclusion-law-principals-proactive-approach/docview/196872753/se-2?accountid=12536

Katsiyannis, A., Ellenburg, J. S., & Acton, O. M. (2000). Address Individual Needs: The Role of General Educators. Intervention in School and Clinic, 36(2), 116. http://dx.doi.org.ezproxy.montclair.edu:2048/10.1177/105345120003600208

Katsiyannis, A., & Maag, J. W. (1997). Ensuring Appropriate Education: Emerging Remedies, Litigation, Compensation, and Other Legal Considerations. Exceptional Children, 63(4), 451-462. http://ezproxy.montclair.edu:2048/login?url=https://www-proquest-com.ezproxy.montclair.edu/scholarly-journals/ensuring-appropriate-education-emerging-remedies/docview/201188598/se-2?accountid=12536

Mary, K. W. (2001). The regulator educator's role in the individual education plan process. The Clearing House, 75(2), 96-98. http://ezproxy.montclair.edu:2048/login?url=https://www-proquest-com.ezproxy.montclair.edu/scholarly-journals/regulator-educators-role-individual-education/docview/196836500/se-2?accountid=12536