case study in special education

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Chapter 1 – Introduction

Nationwide, school divisions are facing “severe” and “very severe” teacher shortages (EdWeek, 2021). In 2023 in Virginia, there were over 3,500 vacancies in public schools (Staffing, 2023). During the 2023-2024 school year, the number one critical shortage area in Virginia was Special Education K-12 (Critical Shortage, 2024). While recruitment is one issue, retention is another key factor. To retain as many highly-qualified special education teachers as possible, it is imperative that special educators are prepared for the challenges of the job. Special educators must not only know federal and state law as it relates to the education of all students, but they must also be well versed on special education as it is outlined in the Individuals with Disabilities Education Act (IDEA; 2004), as well as state interpretations and current case law. Further, special educators must collaborate daily to support students with Individualized Education Programs (IEPs). While factual knowledge about law and access to resources is vital, it is also important that pre- and in-service teachers understand how to apply their knowledge to school settings. The goal of this text is to provide pre- and in-service teachers with opportunities to develop and practice skill sets needed to proficiently navigate special education. The hope is that these experiences will assist them in providing meaningful and accessible services to students with IEPs, while also countering the potential for burn-out in a demanding career.

This text relies heavily on both high-leverage practices (HLPs) and evidence-based practices (EBPs), which are referenced throughout this text. In addition, the authors also view Universal Design for Learning (UDL) as a foundation for providing access to students across a continuum of supports. Finally, the Virginia Department of Education (VDOE) resources are used as a reference for all discussions, in conjunction with federal laws.

This text provides an overview of special education, academic, and behavior related topics and corresponding case studies for K-12 students attending Virginia public schools. Each chapter is broken up into several sections, starting with a brief literature review, to include background information and applicable laws and research. As outlined below, each chapter also includes one or more case studies, discussion questions for students, an outline of family and guardian communication discussion points, practical collaborative opportunities, and notes for course instructors using this text. The documents used in this text are based on VDOE models in addition to variations of documents which may be used in school divisions across the state.

A brief overview of each chapter’s content is outlined below:

• Case Studies. Each chapter will include at least one case study, and some chapters, depending on the topic, may include several case studies. These case studies may reflect adherence to federal and state laws, or may be riddled with mistakes and errors. Each case study is designed to encourage conversation and reflection on laws and/or research-supported practices in special education. While IDEA (2004) is the foundation of all legal discussions related to special education, it is not the only law to be considered for each case study.
• Discussion Questions. Each chapter includes five to ten discussion questions for students to consider. Some questions are case specific (e.g. why decisions were made or what could have been improved) and others are IDEA (2004) specific (e.g. which part of the law was violated). While the questions are geared towards the topic of each chapter, they are certainly not all-inclusive of the questions which could be considered or debated. Instructors are encouraged to utilize these questions as applicable to course objectives and course relevance.
• Family and Guardian Communication. This section includes a few prompts to encourage students to consider how to respond to parent emails, interactions, or other means of communication. Examples of prompts include writing emails or newsletter, role-playing scenarios to include phone calls, developing a Prior Written Notice, identifying mistakes within meetings, and creating jargon-free messages or explanations for parents. While there are certainly answers aligned with IDEA law and local regulations, one “right” answer may not exist. Instructors are encouraged to adjust each communication prompt based on local demographics, resources, and situational variance.
• Collaboration: The collaboration prompts are designed to encourage students to engage in conversation with team members, co-teachers, and administration, to name a few. Prompts for discussion include ways to work more effectively in a team situation, considerations for working with co-teachers when faced with difficult conversations, and opportunities to participate in role-playing or meeting simulations to accomplish a task.
• Instructor Notes: Finally, each chapter concludes with notes to the instructor. These notes include ideas for related discussions, extension activities, and corresponding projects or assignments. Often, these notes also reference additional articles, websites, or resources that can be utilized to continue student learning.

Finally, some chapters will also include a resource list, containing links to websites or state documents as it relates to the topic of each chapter. Again, these are not all-inclusive, but meant to provide a starting point for exploration and/ or a deep dive into the chapter topics. To the greatest extent possible, Virginia based websites have been provided when available.

A Case Study Guide to Special Education Copyright © by Jennifer Walker; Melissa C. Jenkins; and Danielle Smith. All Rights Reserved.

Significant Special Education Cases

M.a. v. newark public schools.

In 2001, ELC with co-counsel Gibbons Del Deo, filed a class action lawsuit against Newark Public Schools and the New Jersey Department of Education, alleging that Newark and the State failed to identify, locate, refer and evaluate students with disabilities for special education services, failed to provide these students with appropriate special education services, and failed to provide “compensatory education” for the deprived services. The  complaint  also charged the State with failure to monitor school districts and failure to provide appropriate relief in response to special education complaint investigation requests. [Docket No. 01-cv-3389 (US District Court for the District of NJ) Docket No. 02-1799 (US Court of Appeals for the Third Circuit)] 

Status:  Plaintiffs obtained a  preliminary injunction  on behalf of two of the named plaintiffs, and withstood extensive  motions to dismiss  from both sets of defendants. In a  decision  from the Third Circuit, the Court affirmed both the preliminary injunction and the denial of the motions to dismiss. After a prolonged and unsuccessful attempt to settle the matter, the district court  certified the class in 2009  in response to the motion brought by ELC, Gibbons and newly-added co-counsel, Seton Hall Law School Center for Social Justice. The parties then conducted additional discovery and again commenced settlement discussions. The parties entered into a Settlement Agreement, which was endorsed by the Court in 2012. The  Settlement Agreement  calls for the provision of special education services on a timely basis, “compensatory education” for students who did not receive timely services, implementation of a comprehensive special education database, mandatory staff training, extensive reporting of compliance activities, guidelines for corrective action if warranted and independent monitoring of special education services. Newark has issued two Compliance Reports ( July 2012  and  February 2013 ), and the State has instituted one  Corrective Action Plan . ELC is monitoring NPS and State compliance with the Settlement Agreement and, together with Seton Hall, prepared parent training materials in  English ,  Spanish ,  Portuguese  and  Creole , and is training parents across the district.

A.R. v. Freehold Regional High School Board of Education

ELC, with the support of several  pro bono  attorneys, filed a motion on behalf of a group of disability advocacy organizations to appear as  amici curiae  in this case regarding who should bear the burden of proof in a due process hearing when a school district seeks to change a child’s special education Individualized Education Program (IEP). The  amicus  brief  argued that, pursuant to the U.S. Supreme Court case of  Schaffer v. Weast , the burden is on the district when it seeks to change the IEP, even where the parent files the hearing request to challenge the school district’s action. The brief additionally explained why placing the burden of proof on parents in such cases would be unfair, violate public policy and undermine the goals of the Individuals with Disabilities Education Act. (United States District Court for the District of NJ Docket No. 06-cv-03849)

Status:  Shortly after ELC filed the  amicus  brief, the school district settled the case with the student and the matter was dismissed. Subsequently, ELC successfully spearheaded an advocacy effort, with other New Jersey special education practitioners, that resulted in the passage of legislation imposing the burden of proof at special education hearings on school districts in all cases.

A.W. v. Jersey City Public Schools

ELC filed a federal lawsuit to challenge the failure of a school district, the state education department, and individual employees to identify and remediate A.W.’s dyslexia. The case reached the Third Circuit twice, with the Court holding in the  first decision  (2003), that the state defendants had waived sovereign immunity by accepting federal financial assistance and could therefore be sued under IDEA and Section 504 and, in the  second decision  (2007), that individual state defendants could not be held liable under Section 1983. A.W.’s claims against his school district and NJDOE were successfully resolved through settlement. [341 F.3d 234 (3d Cir. 2003), 486 F. 3d 791 (3d Cir. 2007)]

Baer v. Klagholz

In 2001, the New Jersey Superior Court, Appellate Division, ruled in favor of the plaintiffs on eight challenges to the State’s special education regulations brought by the Education Law Center and co-counsel. The Appellate Division ruling included the mandate that school districts provide parents with evaluation reports prior to eligibility determination meetings, that all students with disabilities receive assessments to determine appropriate post-secondary outcomes, that the pool of community rehabilitation programs for older students include those programs that serve students with the most severe disabilities, and that the scope of IDEA’s disciplinary rights and protections be broadened to comply with federal law. [Docket No. A-7451-97T3 (Superior Court of NJ, Appellate Division)] 

Status:  Plaintiffs were subsequently successful in a contested motion for prevailing party attorney’s fees.

Disability Rights New Jersey v. New Jersey Department of Education

In 2007, ELC, together with  pro bono  co-counsel, filed a complaint in the United States District Court for the District of New Jersey challenging the New Jersey Department of Education’s failure to educate children with disabilities in the least restrictive environment as mandated by the Individuals with Disabilities Education Act. [Docket No. 07-cv-02978 (US District Court for the District of NJ) Docket No. 08-8059 (United States Court of Appeals for the Third Circuit)] 

Status:  In February 2014, the parties entered into a historic  Settlement Agreement  designed to improve New Jersey’s implementation of IDEA’s mandate that students with disabilities receive an appropriate education in the least restrictive environment. The Agreement’s requirements include: a needs assessment to be completed in the 75+ school districts with the worst track record in inclusion, heightened oversight of districts that segregate a disproportional number of students of color with disabilities, extensive training and technical assistance, specially designated state and local inclusion facilitators, parental input regarding district failures, and oversight by a stakeholder committee comprised of disability advocates.

P.N. v. Clementon Board of Education

ELC filed an  amicus  brief  in this case in the Circuit Court of Appeals for the Third Circuit on its behalf and on behalf of numerous disability and education advocacy organizations. The Third Circuit ruled in favor of the plaintiffs, recognizing that “prevailing party” attorney’s fees are available to students with disabilities who resolve their educational disputes with districts via a stipulated settlement agreement entered into by an administrative law judge. Citing to ELC’s  amicus  brief, which detailed the important role the attorney’s fee provision plays for poor parents, the Third Circuit noted that it was “particularly troubl[ed]” by the District Court’s holding that reimbursement of a $425 psychologist fee was “de minimis” and did not support a prevailing party finding. ELC then represented the plaintiff in the United States Supreme Court, where it successfully urged the Court to deny the Defendant’s petition for a writ of certiorari [Docket No. 04-4705 (United States Court of Appeals for the Third Circuit) Docket No. 06-7 (US Supreme Court) Docket No. 02-1351 (District Court for the District of NJ)]. 

Status:  Plaintiffs were subsequently successful in a contested motion for prevailing party attorney’s fees before the District Court.

SPAN v. Hendricks

ELC represented SPAN in challenging the State’s failure to complete an  independent study  of the census-based funding methodology for special education by June 2010, as required by the School Funding Reform Act. While the litigation was pending, the State released its independent study of the special education census funding method in the State school aid formula. (Superior Court of New Jersey, Appellate Division, Docket No. A-000852-10)

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Doctoral Dissertations and Projects

A case study of the experiences of students with disabilities who did not complete high school.

Richard Wieringo Follow

School of Education

Doctor of Education (EdD)

Verlyn Evans

Credit Recovery Programs, High School Dropouts, IEP, Retention, Special Education, Special Education Teachers

Disciplines

Accessibility | Curriculum and Social Inquiry | Disability and Equity in Education | Education | Educational Assessment, Evaluation, and Research | Educational Methods | Other Education | Special Education and Teaching

Recommended Citation

Wieringo, Richard, "A Case Study of the Experiences of Students with Disabilities Who Did Not Complete High School" (2015). Doctoral Dissertations and Projects . 1113. https://digitalcommons.liberty.edu/doctoral/1113

This case study explores the experiences of students with disabilities who have dropped out of high school, so as to identify related factors that led to their decisions. Participants included both males and females who were designated as students with disabilities at Ridgeville High School (pseudonym for a Virginia high school) and who dropped out between their third and fourth years of high school, during the 2010 to 2014 academic years. All participants were between the ages of 18 and 24. The case study was conducted through the use of semi-structured interviews, journaling, and observation of the sample population, with the aim of identifying common experiences among students who have dropped out of school close to graduation. The results of the semi-structured interviews were examined using reductive qualitative analysis, which included the use of coding and extraction of themes. The study results indicated that the overall sense of belonging of the students was low. The attitude of the students towards themselves, especially the nature of their disability, was another aspect that was found to be a great determinant of the reasons connected with high dropout rates of students with disabilities. The students also believed that more effort is needed from the teachers, their peers and the schools to help them in the school environment.

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A Case Study Approach to Writing Individualized Special Education Documents: From Preschool to Graduation

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Author(s): Kathleen A. Boothe, Ph.D., Andrea R. Hathcote, Ph.D

Year published: 2021

Publisher: Council for Exceptional Children

Number of pages: 108

Product Number: P6341

ISBN Number: 978-0-86586-549-5

Member Price: $24.95 (16% off)

Non-Member Price: $29.95

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BOOK INFORMATION

This book follows a special education student through her entire education program. The case study provides readers the relevant information to complete special education documents beginning with the Individualized Family and Service Plan (IFSP) and ending with the Transition Plan. This book was created for anyone wanting to practice writing an IFSP or any of the required Individual Education Program (IEP) documents.

• Chapter 1: Fundamentals of the Book
• Chapter 2: Factors to Consider When Writing Individualized Special Education Documents
• Chapter 3: Rochelle Qualifies for Early Intervention Services: Writing an Individualized Family Service Plan
• Chapter 4: Rochelle Goes to Elementary School: Writing an Individualized Education Program 
• Chapter 5: Rochelle Needs Behavior Support: Writing Behavior Intervention Plans
• Chapter 6: Rochelle Plans for Graduation: Writing Transition Plans

Kathleen A. Boothe

Kathleen A. Boothe, PhD, is an Associate Professor and Program Coordinator of Special Education at Southeastern Oklahoma State University in Durant, Oklahoma. She is an active member of the Council for Exceptional Children Teacher Education Division and Oklahoma CEC. Her research interests include improving educator preparation programs as it relates to Universal Design for Learning and Classroom Management. 

Andrea R. Hathcote

Andrea R. Hathcote, PhD, is a Professor of Learning Framework at Tyler Junior College in Tyler, Texas. She is an active member of the Texas Community College Teachers Association. Her research interests include providing undergraduate research opportunities in Honors first year experience courses. 

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Special Education Law Case Studies: A Review from Practitioners

Tremendous changes have occurred over the past decade in the provision of services to students with disabilities. Federal mandates continue to define requirements for a free appropriate public education (FAPE) in the least restrictive environment. Additionally, there has been an increase in the number of lawsuits filed against school districts regarding the provision of educational services for students with disabilities. Case studies are a helpful way to understand these difficult issues. The case studies presented here are actual students eligible for special education and related services. The case studies are represented not to tell districts and parents that this is the only way questions about special education law can be answered, but to provide likely answers along with commentary for analysis. The cases were developed to help new (and experienced) special education leaders and supervisors survive the pressures of working with students with disabilities while working to provide appropriate services and prevent litigation.

• ISBN-10 1475837682
• ISBN-13 978-1475837681
• Publisher Rowman & Littlefield Publishers
• Publication date January 12, 2019
• Language English
• Dimensions 6.11 x 0.46 x 8.8 inches
• Print length 142 pages
• See all details

Editorial Reviews

About the author.

David Bateman, PhD, is a professor of special education at Shippensburg University. He is a former due process hearing officer for over 580 hearings.

Jenifer Cline, MS, is Director of Compliance for the state of Montana. She has been a director of special education for multiple districts.

Jonathan Steele, Esq, is an attorney with Steele Schneider Law Firm, Pittsburgh, Pennsylvania.

Sean Fields, Esq, is an attorney with CGA Law, York, Pennsylvania.

Product details

• Publisher ‏ : ‎ Rowman & Littlefield Publishers (January 12, 2019)
• Language ‏ : ‎ English
• Paperback ‏ : ‎ 142 pages
• ISBN-10 ‏ : ‎ 1475837682
• ISBN-13 ‏ : ‎ 978-1475837681
• Item Weight ‏ : ‎ 8 ounces
• Dimensions ‏ : ‎ 6.11 x 0.46 x 8.8 inches
• #77 in Educational Law & Legislation Law
• #260 in Behavioral Disorders in Special Ed.
• #943 in Education Administration (Books)

About the author

David bateman.

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Case studies in special education : a social justice perspective

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Creators/contributors, contents/summary.

• 1. To Be (LD) or Not To Be (LD) : That Depends / Tera Torres
• 2. Plight of the Slow Learner / Tera Torres
• 3. Social Conundrum : Emotional Disturbance vs. Social Maladjustment / Griselda Landeros Wells
• 4. Disability, Disadvantage, or Discrimination? / Nicole McZeal Walters
• 5. Issues in Bilingual Assessment and Special Education Eligibility / Brenda De La Garza
• 6. Falling through the Cracks : Two Cases of Individualized Education Programs Gone Awry / Corrie Staniszewski
• 7. What is Specially Designed Instruction? / Amy Ten Napel
• 8. RTI : Response to Intervention or Rushing to Identify? / Jannette Reyes
• Conclusion / Catherine R. Barber, Helen S. Shaw, and Tera Torres.

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