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ED 519 Lydia Gaskins v The Commonwealth of PA Case Study
Unit
7 has reviewed and reinforced important special education statutes that
form the legal base for developing special education practices and the
inclusionary model. Perhaps no area of school law has more content.
There are literally hundreds of cases, rulings, and settlements that
pertain to special education. In fact, special education law could be an
entire graduate course – so our treatment in ED 519 is tailored to the
major concepts and landmark decisions. Now we will review the landmark
decision 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 and
was settled prior to a court decision in 2005. The admonition applies
with this decision: “consult your solicitor if you feel the slightest
bit unsure about your intentions or actions” and in no area is this more
important than special education law.
All
law in some ways reflects societal attitudes at the times. A study of
the history of criminal law and sentencing demonstrates the point.
Stealing a loaf of bread 100 years ago resulted in a different
consequence than committing the same crime in 2014. In much the same
way, special education students were not really addressed by law prior
to the 1960s, arguably even up until the 1970s; but since that time
there has been an exponential number of statutes and court decisions. As
you read the statutes and sources listed in Unit 7 – see if you can
answer these three questions. Do you see the possibility of legal
challenges as to the interpretation of each concept below?