Hartmann v. Loudoun County Board of Education by Naomi Buss https://padlet.com/naomi_buss/1fdsntiu69j0 en-us 2018-09-20 23:58:21 UTC 2018-10-31 22:28:58 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284177288  Mark Hartmann was an 11-year old who had autism and disruptive behavior. His IEP team found that he was making no academic progress in the regular classroom and proposed moving him to a smaller class specifically structured for students who had autism. His parents argued that his placement would violate IDEA's Least Restrictive Environment. ]]> 2018-09-21 00:01:14 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284177288 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284177533 The district court attributed Mark’s lack of progress in Loudoun County to the county’s alleged failure to make reasonable efforts to accommodate him in the regular classroom.]]> 2018-09-21 00:03:41 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284177533 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284181544 The district court stated that "given the strong presumption for inclusion under the IDEA, disruptive behavior should not be a significant factor in determining the appropriate educational placement for a disabled child"(Worrell, 1998). ]]> 2018-09-21 00:08:53 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284181544 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284182029 2018-09-21 00:12:43 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284182029 Resources naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284185746 Education and the Law,84-85. (2010). Retrieved from https://www.tandfonline.com/doi/abs/10.1080/10459889909603307?journalCode=vpsf20

Mark Hartmann v. Loudoun Co. Sch. Bd., 118 F.3d. 996 (4th Cir. 1997), cert. denied, 118 S. Ct. 688 (1998). (n.d.). Retrieved from http://www.wrightslaw.com/law/caselaw/case_Hartmann4thCir.html

Worrell, A. L. (n.d.). Courts Must Consider State Administrative Findings in Determining Educational Placement of Disabled Children. Retrieved September 20, 2018, from https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1409&context=lclr


]]> 2018-09-21 00:38:17 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284185746 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284185830 The district court ignored the precedent of DeVries v. Fairfax County School board in which it was stated that mainstreaming was not required where

·         The student with a disability would not receive an educational benefit from mainstreaming 
·         The student is a disruptive force in a regular setting
·         Any marginal benefit from mainstreaming would be significantly outweighed by benefits which could feasibly be obtained only in a separate instructional setting
 

]]> 2018-09-21 00:38:48 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284185830 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284186057 2018-09-21 00:40:22 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284186057 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284186804 2018-09-21 00:46:03 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284186804 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284186880 This courts decision was overturned by a higher court.]]> 2018-09-21 00:46:43 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284186880 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284188661 The local hearing officer after hearing all that the school had done to help Mark sided that the Board had done enough. According to the Board they had supplied Mark with professional educators that were willing and qualified to help him succeed.

]]> 2018-09-21 00:58:24 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284188661 Local Hearing Officer naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284188716 2018-09-21 00:58:50 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284188716 The District Court naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284188800 2018-09-21 00:59:26 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284188800 The courts argued that the school equipped Mark with unqualified educators to help him succeed. naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284189186 2018-09-21 01:02:01 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284189186 The Fourth Circut naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284189884  It would be economically unfeasible and equally unrealistic to expect every school system to have the highest accredited educators. Using this reasoning, the Fourth Circuit dismissed the district court's conclusions that county efforts were insufficient to educate Mark in the regular classroom due to inadequately trained personnel (wrightslaw.com,1998) ]]> 2018-09-21 01:06:36 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284189884 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284190145  
The Fourth Circuit realized that IDEA requires disabled children to be educated along with non-handicapped children "to the maximum extent appropriate" but it does not require a county to provide "every special service necessary to maximize each handicapped child's potential."

]]> 2018-09-21 01:08:31 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284190145 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284192407  “IDEA does not grant federal courts a license to substitute their own notions of sound educational policy for those of local school authorities, or to disregard the findings developed in state administrative proceedings”(Worrell, 1998) ]]> 2018-09-21 01:24:58 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284192407 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284192599 Significance]]> 2018-09-21 01:26:02 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284192599 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284192814 2018-09-21 01:27:34 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284192814 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284193767 This case is significant because it shows that sometimes the least restrictive environment is not the best environment for the student to learn or develop in. IDEA clearly favors integration but realizes that some more restrictive environments can be more appropriate to some students. This also helps show that all cases are different and what might work for one student might not work for another one. 

]]> 2018-09-21 01:34:11 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284193767 Future Benefits naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284195934 2018-09-21 01:48:22 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284195934 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196081 I believe that this might help future families realize that what seems like the best option might not always be the best option. I read this case multiple times and I really had to look from both points of view. The family and the school were both fighting to help Mark but from different perspectives. 

]]> 2018-09-21 01:49:18 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196081 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196173 I also believe that it is important for families to learn from this as the district court’s ruling was overruled by the fourth circuit. Sometimes you really have to fight, granted this did not end in the way Mark’s family wanted it to but it ended with an answer ]]> 2018-09-21 01:49:49 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196173 Overall Impression naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196308 2018-09-21 01:50:45 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196308 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196400 My impression of this case was that I thought it was surprising. Most of the time when we hear about a case involving a school and a student with a disability I know in my mind that usually the school is at fault for not doing enough for the student.

]]> 2018-09-21 01:51:18 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196400 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196508 In this case it showed that the school really did a lot for Mark. They not only wanted the best for him but for the other students in the class. 

]]> 2018-09-21 01:51:57 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196508 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196626 I believe it was hard for Mark’s family to see him taken out of a mainstream classroom because they were focused on him and his development. They had a different perspective than that of the school officials.

]]> 2018-09-21 01:52:42 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196626 Change of Practice naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196727 2018-09-21 01:53:29 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196727 naomi_buss https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196853 I believe that the change of practice that we see from this is the intense study of where the best environment is for the student with disabilities. Both least and most restrictive environments have their positives and negatives but in the end it really depends on the student.]]> 2018-09-21 01:54:12 UTC https://padlet.com/naomi_buss/1fdsntiu69j0/wish/284196853