ED 519 Lydia Gaskins v The Commonwealth of PA Case Study

Question Description

I’m working on a law Essay and need an explanation to help me study.

Unit7 has reviewed and reinforced important special education statutes thatform the legal base for developing special education practices and theinclusionary model. Perhaps no area of school law has more content.There are literally hundreds of cases, rulings, and settlements thatpertain to special education. In fact, special education law could be anentire graduate course – so our treatment in ED 519 is tailored to themajor concepts and landmark decisions. Now we will review the landmarkdecision that has led to the implementation of the inclusionary model(Gaskins) and supporting cases that expanded the inclusionary movement.The Lydia Gaskins v. the Commonwealth of PA began in 1994 andwas settled prior to a court decision in 2005. The admonition applieswith this decision: “consult your solicitor if you feel the slightestbit unsure about your intentions or actions” and in no area is this moreimportant than special education law.

Alllaw in some ways reflects societal attitudes at the times. A study ofthe history of criminal law and sentencing demonstrates the point.Stealing a loaf of bread 100 years ago resulted in a differentconsequence than committing the same crime in 2014. In much the sameway, special education students were not really addressed by law priorto the 1960s, arguably even up until the 1970s; but since that timethere has been an exponential number of statutes and court decisions. Asyou read the statutes and sources listed in Unit 7 – see if you cananswer these three questions. Do you see the possibility of legalchallenges as to the interpretation of each concept below?

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