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Questions and Answers of
Law for Business
Could the Roncker argument, that spending benefiting only one student is a factor in using cost as a defense, be used by a school district to deny residential placement to a student because it will
Keeping in mind the Todd P. case, as a practical matter, how will schools be aware of a delinquency proceeding and know when to participate? How can juvenile court judges be apprised of the IDEA and
While a student with severe impairments may have many costs paid by an educational agency until the student graduates from high school, what happens at that point when there is not the same
As noted in this chapter, the 2004 amendments to the IDEA included several changes to make the IEP process more efficient and to ease the time constraints of attending multiple team meetings. Are
Why do you think Congress and the United States Department of Education included requirements in the IDEA that students with disabilities be involved in and progress in the general education
In the Cerra v. Pawling School District case, the Fifth Circuit Court of Appeals found that the school district’s IEP was reasonably calculated to provide the student with FAPE. Based on the
In the Cerra v. Pawling School District case, the court noted that “when a learningdisabled child is in a mainstream class, ‘the attainment of passing grades and regular advancement from grade to
The parents in the Cerra v. Pawling School District case sought tuition reimbursement for a private special education school as the remedy for the IEP allegedly not providing FAPE. This remedy and
Consider the following fact pattern:Sherry is a 13-year-old student with a specific learning disability and attention deficit hyperactivity disorder (ADHD). She is halfway through the eighth grade
As noted in this chapter, the school is absolved from any liability for not providing FAPE when the parent refuses services. What if school personnel strongly believe that the parents’ actions are
Why should social service agencies acquiesce to the authority of the state educational agency to coordinate and require service delivery?
The Smith family lives at the end of a hollow in rural West Virginia. The lack of paved roads prevents regular school buses from getting closer than two miles from the Smith home. Abby Smith has a
What provision in the IDEA or its regulations would relate to ensuring that bus drivers do not shout at students who are emotionally disturbed who are on the bus?
Philip is an adolescent with a behavior disorder resulting from alcohol and drug problems. He rides the regular school bus each day and because he lives in a large metropolitan area, bus
In Hurry v. Jones, a court footnote mentioned that the school argued that the parents should be required to mitigate damages. Is that position valid? Why or why not?
In Hurry v. Jones, the school did not address the regulation’s validity because of its reliance on the issue of a good-faith standard, a standard that changed during the litigation. Tactically,
Ricky has an average IQ, and he had no major problems until he reached high school and fell in with a bad crowd. His parents are both career-oriented and have had little time for Ricky in recent
In the Max M. case, would the school have fared better had it insisted that Max attend the therapy sessions with Frank Brull (the school’s social worker) or that family therapy take place?
Karen is a 6-year-old with a condition requiring that a tracheal tube be permanently placed in her throat. She has no mental disabilities requiring special education.Occasionally the tube becomes
Should a student with a severe intellectual disability, such as Neill Roncker, who could interact in a regular gym or music class be required to be mainstreamed into a regular school setting?
What are the differences between the Roncker decision and the Daniel R. R. decision?
The court in the Besteiro decision issued a temporary injunction requiring that an airconditioned classroom be provided. It is likely from the language in the opinion that this would be the result if
Besteiro was decided before the Rowley Supreme Court decision clarifying the meaning of “appropriate.” Would the fact that Raul was making straight A’s change this court’s decision as to
The IDEA provides for incentive programs to allow programming for children with disabilities from birth to age
Most states do not have preschool programming available to all children within the state and, as a result, must place students with disabilities in private programs. As a practical matter, can the
What obligation does the school have to protect the student with a disability who is placed in the regular classroom from undue teasing by other students or to take special steps to ensure that there
If peer interaction is deemed to be essential in a particular case, how can that be accomplished if the child also needs year-round programming? In other words, how will peer interaction occur during
If public school buildings are used for non-school-sponsored programs, such as Boy Scouts and Girl Scouts, is it permissible to have separate Scout troops for children who are mentally retarded? Does
If a state requires that eligibility for certain extracurricular activities be based on maintaining a particular grade point average, is there any problem with such a policy for students with
The Zobrest case resulted in a finding that it is permissible to pay for an interpreter.What is the likely application to other related services or to special education programming generally?
If special education programming is to be given at a neutral site or public school for parochial school students, additional time in transit will frequently become a necessity.How can this be
Will undue burden become a common defense to ADA litigation against private schools?
Justin (age 9) is a child who is seriously emotionally disturbed and who exhibits some autistic-type behaviors. In order for Justin to benefit from education, he needs a great deal of behavior
Emily is 15. Until recently, she had no apparent serious problems. Last year, however, her parents got divorced, she broke up with her boyfriend, and her grades began to suffer. Emily lives with her
What if the counseling needed for a student to benefit from education is provided in the residential setting by a psychiatrist? Is this a medical expense to be paid by the parents?
Educational programming for students who are not disabled could potentially be adversely affected if scarce resources have to be used for expensive residential placements.Could such a situation be
Is there harm done to the public by awarding a student a diploma when the student has not completed competency requirements? Is this different from a situation involving higher education? That is, is
Would it be permissible to allocate all vocational training funds for students with disabilities to separate programs? Should all vocational training programs integrate students with disabilities and
What legal basis could be used for challenging a practice of omitting the names of special education students from lists of those who should take college prep classes in high school?
What steps should an IEP team take if the student requires transition services from an outside agency and the agency has a waiting list of 3 to 6 months for providing services?
How might schools best prepare students who will attend higher education programs for dealing with the differing legal requirements?
Most special education disputes are now resolved through mediation, resolution sessions, or some other non-adversarial process. Why is that so? What are some of the advantages of resolving the
In the Schaffer case, the United States Supreme Court resolved some issues regarding who has the burden of proof at an administrative due process hearing. As noted in this chapter, the Court found
Before the Schaffer decision, some courts had ruled that the school district always had the burden of proof in a due process hearing, since the school had the obligation to provide FAPE and school
In Winkelman, the Supreme Court found that parents could proceed in an IDEA appeal in court without an attorney, because they were representing their own interests. Before the decision, the vast
The dispute resolution options under the IDEA include the right for parents to file a complaint with the state department of education or a due process complaint. In what circumstances might a parent
What kind of notice would be required in a case where parents are illiterate?
Suppose a student had a record of severe anxiety on standardized tests. Would the school be required to state in the notice to parents that a test to be given would be in a standardized form? Should
One remedy for procedural violations is to have a hearing officer or court order the school to comply with procedural requirements in the future. What should the remedy be if the school still
In the Garcia case, what role did the student and parent’s actions play in the court denying relief? Would the outcome have been different if the student had stayed in school?
How should a state process go about determining if a student who is competent under the law is unable to provide informed consent for his or her educational programming?Does your state have such a
As noted in this chapter, students with disabilities receive a number of protections in the discipline process. These same protections are not available to students without disabilities (unless the
One of the key discipline requirements in the IDEA is that students with disabilities must be provided with FAPE, even when they are suspended or expelled from school for reasons unrelated to their
Consider the following fact pattern:Tim is a 17-year-old student with attention deficit hyperactivity disorder (ADHD) and a learning disability. He is caught smoking cigarettes at school for the
The 1997 IDEA provisions for manifestation determinations were designed differently than the 2004 provisions. Under the 1997 law, the behavior subject to discipline was presumed to be a manifestation
Should the IDEA be amended to address issues relating to students with HIV and other contagious diseases? If so, how? Or should this be left to the state or local educational agency? Do the ADA
What reasons would there be for a parent to litigate under Section 504 or the ADA instead of complaining to the Department of Education?
Megan is 16. A private psychiatrist has diagnosed her as emotionally disturbed. When Megan enters high school, the school recommends that she be placed in an in-school placement that the parents
As noted in reference to the Tom F. case, courts are split on whether a student must first receive special education services from the public school before the parent may place the student in a
Is there any requirement that a parent select the least expensive attorney available? What if an attorney is selected from another city, but attorneys in the home city are available?Can travel
Is there any basis for permitting a higher-than-usual hourly rate for an attorney who is an expert in special education law?
In which of the following instances would the IDEA address the problem, and in which would a tort action of some type be more appropriate? In examining these situations, who within the school system
How can educational institutions best avoid liability by ensuring that their personnel are adequately trained?
What can regular education teachers who are concerned that they have not been adequately prepared for students with disabilities in the classroom do to protect themselves from liability?
Would it be good policy to allow parents to collect tort damages against school systems, whose resources are already stretched, when the result will be that all other students will be “penalized”
How do administrators respond when cost is a significant factor in providing a mandated service or program?
Which of the issues noted above would best be resolved through litigation? Which through legislation? Which through regulation? Which through education? Which through communication?
What is the likely direction that the intersection of the IDEA and NCLB will take?
What changes should be made to the IDEA? To NCLB?
Discuss intestate succession and the administration of decedents’ estates.
Define the following types of wills: (a) nuncupative, (b) holographic, (c) soldiers’ and sailors’, (d) conditional, (e) joint, (f ) reciprocal, and (g) living.
Discuss the formal requirements of making a valid will and the various ways in which a will may be revoked.
Describe the powers and duties of a trustee.
Define the following types of trusts: (a) express, (b) testamentary, (c) inter vivos, (d) charitable, (e) spendthrift, (f ) totten, (g) implied, (h) constructive, and (i) resulting.
Mary Lou Golini appeals the circuit court’s affirmance of a probate court order admitting a copy of Willie Mae Arant’s last will to formal probate and appointing Melvin R. Bolton personal
The Cathey children appeal from an order denying the petition of their mother, Ursula Lanning, to make a new will and to amend her existing trust, and finding lack of testamentary capacity and undue
Petitioner [Wilbur National Bank] was appointed-trustee of a charitable lead trust created under the will of Frances E. Rowe, deceased (hereinafter decedent). The trust was funded solely by 30,000
This appeal from a judgment entered by the Pulaski Circuit Court began as Barbara Joanne Keeney’s petition for dissolution of her marriage to Milton Keeney. Barbara [joined] * * * as additional
Describe the nature and types of restrictive covenants.
Define and give an example of (a) adverse possession, (b) a variance, (c) a nonconforming use, and (d) eminent domain.
Explain (a) the elements of a secured transaction, (b) the difference between a mortgage and a deed of trust, and (c) the difference between an assumption of a mortgage and buying subject to a
Describe the fundamental requirements of a valid deed and distinguish among warranty, special warranty, and quitclaim deeds.
Explain (a) the essential elements of a contract for sale of an interest in real property, (b) the meaning and importance of marketable title, and (c) the concept of implied warranty of habitability.
Appellants-plaintiffs Marie H. Corner, et al. (plaintiffs), appeal from a judgment granted in favor of appellees-defendants Patrick D. Mills, et al. (defendants), in an action to declare certain
In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was ‘‘projected to create in excess of 1,000 jobs, to increase tax and other
The plaintiff, John W. VonHoldt, Jr., brought the present action in the circuit court of Cook County against defendant, Barba & Barba Construction, Inc. The complaint alleged that defendant
A side from basic property insurance and liability insurance, identify and briefly explain five specialized types of insurance that are important in business.
Sara wanted to operate a live-bait kiosk during a week long fishing competition at Lake Katenben. Although she expected to sell some of the worms to recreational anglers, she assumed that most of her
Giovanni Boats Inc has a line of credit with Imperial Bank in Vancouver. The line of credit is secured on all the assets that Giovanni has or later acquires. The bank filed a financing statement to
Janet guaranteed Eldon’s debt of $18 000 to the Bank of Montreal on 1 January 2016. Eldon’s loan agreement with the bank provided that he was to pay back $1000 every month for 20 months. On 1
Amanda carries on her business of selling homemade organic soaps and body lotions through a corporation. She causes the corporation to borrow $2500 in 2015 from a bank, and her good friend Sharon
How does the law differ between business and consumer bankruptcies?
Torsten owes Jonathan $100 000. The repayment of that money is long overdue and Torsten has ignored repeated demands for payment. Jonathan wonders if he can apply for a bankruptcy order against
Discount Travel sells tours to holiday destinations. On January 9, 2016, Discount ran an ad in a newspaper comparing its price of $900 for a trip to a specific property in Florida to Seaway
You are a creditor owed $10,000 by a bankrupt debtor. The debtor’s total assets are $50,000. A secured creditor is owed $20,000 and the other general creditors are owed $90,000. Assuming there are
Francois lives in Toronto. On January 1, 2017, he bought a lifetime gym membership from StayFit Inc on line for $1000. Based on the information on the website, he thought that was all he would ever
Compare and contrast non-solicitation clauses and non-competition clauses. What are the benefits of each? In what circumstances might an employer choose to include a non-solicitation clause or a
Distinguish between direct discrimination and indirect discrimination.
Why is it important for employers to apply and enforce workplace health and safety legislation? Describe the possible legal consequences for failing to do so. What defences are available in a legal
Define "constructive dismissal". What are the two different branches of constructive dismissal? Describe the common changes to the workplace environment that may lead to constructive dismissal and
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