Running head: LEGAL CASES REVIEW 1

Legal Cases Review

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Legal Cases: Identification

The first case that will be reviewed is recent. It is that of D.S. v. Trumbull Board of

Education (2019). This case relates to special education assessment because the parent revoked

consent to assess the student. This led to an issue with parents requesting an outside testing

which the school was prepared to do in-house. The parents originally disagreed with the initial

findings and requested an IEE but wished for the school district to fund it, including multiple

other tests that were not included originally.

The second case reviewed is that of Dover-Sherborn Public School, (2013). This case

relates to special education because those administering the assessment to the student failed to

include the fact that the student was diagnosed with Lyme disease and the school was aware. As

a result, the assessment that the school conducted was void and invalid.

Legal Cases: Summary

D.S.v. Trumbull Board of Education, 2019.

In the case of D.S. v. Trumbull Board of Education, parents requested student tested and

an FBA was conducted. The parents disagreed to the finding in the FBA and requested a

publicly funded IEE. The parents requested multiple other tests to be conducted as well. The

school said they are only entitled to the IEE regarding the FBA. The school offered to conduct

its own assessment within those areas. The parents then revoked consent for ay testing ("D.S. v.

Trumbull Board of Education", 2019).

The court decided, ("D.S. v. Trumbull Board of Education", 2019) that because the

parents revoked consent to assess student they had no grounds to go after the school. The court

also upheld that the school is not responsible for funding more assessments than was consented

to by parent when parent does not agree with outcome. The school offered to conduct those
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assessments that were requested above and beyond the original FBA IEE, but the parents

revoked consent to all testing ("D.S. v. Trumbull Board of Education", 2019).

Dover-Sherborn Public Schools, 2013

In the case of Dover-Sherborn Public School a student was receiving services under 504

for ADHD. The parent felt that the student’s health and concentration was due to Lyme disease

diagnosis. In a meeting to determine whether student was eligible for services under IDEA the

school did not seek out the diagnosis for Lyme disease and therefore the disease was not

considered. Later on the school received information regarding the diagnosis of Lyme disease

and the 504 plan was updated. The parent requested an updated assessment and was declined by

the district until October (Dover-Sherborn Public Schools”, 2013). An evaluation was completed

in October and it was found that the student was eligible for service under IDEA. Again, the

proposed IEP did not mention the student’s diagnosis of Lyme disease. A complaint was filed

with OCR stating the district failed in creating an appropriate IEP and placement that met the

needs of the student (Dover-Sherborn Public Schools”, 2013). An evaluation that failed to

appraise the concerns of Lyme disease was alleged. The parents were not allowed to participate

in the placement decisions of the student, failed to allow the student to take part in school

activities after school and did not provide any information regarding the accommodations or

actions of the administration.

The OCR was in favor of the parents. They found that the district had denied FAPE to

the student based on the failure to evaluate for Lyme disease once the school was informed of the

disease. The student was not awarded the correct assessment because the district did not take

into consideration the Lyme disease diagnosis (Dover-Sherborn Public Schools”, 2013). As a

result of changes made to the accommodation plan while the student was not in school the
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district was forced to make revisions to the section 504 policies and procedures. Staff training

was also implemented, and a meeting was made to determine whether Lyme disease constitutes a

disability under IDEA and Section 504 (Dover-Sherborn Public Schools”, 2013).

Future Practice

Future practice is always something that needs to be at the forefront of our mind. We

should always be thinking ahead and of what will happen next. In the case of D.S. v. Trumbull

Board of Education, the parents would have been in a better position to argue if they had

consented to a broad range of assessments and then asserted their rights to a comprehensive IEE

once they disagreed with the findings on the evaluation.

This situation could have been prevented if only the school took everything into

consideration when assessing a student for special education services. I feel like there needs to

be a full disclosure when it comes to testing a student for special education services. To make

the best decision for the student the administration needs to be made aware of any and all issues

that may play a part in a student’s success whether it is behavioral, academic or anything else.

In my class/practice I will communicate with the parents that the outcome of the

assessment or evaluation may not be what they are expecting. I will also advise that they have a

right to conduct outside testing, but the school is not necessarily responsible for funding the IEE.

I would make sure that the parent is aware of the testing being conducted and why it is being

requested.

In the case for Dover-Sherborn Public School, it appears again that communication could

have ensured this situation did not occur. The parents advised the school but maybe the people

doing the assessment were not made aware. However, those who ere doing the test, if they were

aware should be held accountable for dismissing such a vital piece of information when
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conducting the assessments. This student was denied FAPE and this should never happen. It

might be good practice that everything be put in writing when it comes to any changes, any

testing, evaluations, assessments when pertaining to a student’s education. I will strive to make

sure there is a paper trail to ensure there is no miscommunication between parents, teachers,

administration as well as evaluators and those administering assessments.

Compare and Contrast

In the two cases mentioned above, D.S. v. Trumbull Board of Education and Dover-

Sherborn Public School, they both are lacking a sense of communication. Both cases have issues

with the evaluations. The first, the Trumbull case had issues with the evaluation when the parent

revoked consent and then attempted to have the school pay for outside testing when the school

was making an attempt to do the testing themselves. The case regarding Dover, the testing was

not accurate because the evaluators failed to consider them conditions that accompanies Lyme

disease as a disability.

In contrast, Dover did not attempt to include the Lyme disease diagnosis which is

different than the Trumbull case as the district tried to make every attempt to get an accurate

evaluation of the student even when the parent disagreed with the original assessment.

These cases have implications that have affected special education today. There are

policies that have been changed. Section 504 policies have been altered and changed. There is

now extensive training involved. Anytime there is a change in procedure, placement there

should be written acknowledgement. There are timelines and procedures that are now in place

that plays an integral part in the special education process.

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References

D.S. v. Trumbull Board of Education, https://ecf.ctd.uscourts.gov/cgi-

bin/show_public_doc?2018cv0163-53 (U.S. District Court of Connecticut, February 15,

2019).

Dover-Sherborn Public Schools, http://www.wadleighlaw.com/wp-

content/uploads/dlm_uploads/2015/02/Special-Education-Case-Law-An-Overview-of-

Recent-Decisions-July-2014.pdf (OCR Boston).