"Gaskin v. Pennsylvania Department of Education" Case Study by elemed818

"Gaskin v. Pennsylvania Department of Education"
An analysis of the effect on the Gaskin case on the Pennsylvania education system.
# 120210 | 2,296 words | 7 sources | APA | 2010 | US
Published on Jun 07, 2010 in Education (Special) , Education (Theory) , Law (Historic Trials)


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Description:

This paper reviews the 1994 "Gaskin v. Pennsylvania Department of Education" case and its effects on education. The paper explains that the Gaskin case was a class action lawsuit filed against the Pennsylvania Department of Education, and was started when a kindergarten student with Down's syndrome was denied access to a regular education classroom. The paper adds that the purpose of the case is to ensure all students a free and appropriate education in the least restrictive environment, which is known as inclusion. As the paper notes, the court ruled that supportive services most be provided for these students to succeed in regular education classrooms, and that teachers must be provided adequate on site training to deal with these circumstances. However, the paper concludes by questioning whether the Gaskin verdict closed the door to letting professionals make a decision and opened the door for parents to claim their child has been wronged despite a school district's greatest effort to do what is best for the child. The case revolves around the idea that every child, regardless of ability or disability is entitled to a free public education in the least restrictive environment. Furthermore, the case challenges the Pennsylvania Department of Education to provide the supportive services necessary for every child to succeed.

Outline:
Abstract
Summary of the Issue
Legal Questions
What is a class action lawsuit?
What is considered to be the "least restrictive environment," and is every child entitled to an education in this environment?
What proper supports must be provided by the school district to insure that students with special needs will be able to succeed?
What is an IEP and what students have rights to have one?
Summary of the Verdict
Application to Instructional Practices
References

From the Paper:

"The Gaskin case directly affects every teacher and student in the state of Pennsylvania. The enormous ruling is both eye-opening and game-changing. I firmly believe that every child is entitled to an education in the least restrictive environment. However, I fear that we are misidentifying this environment all too often and jeopardizing the educational needs of both the special needs student and that of his or her classmates. The proposal states that a student who disrupts the education of others should not be kept in the classroom. However, this is not often the case.
"Because of the Gaskin ruling, children with severe autism and drastic behavioral issues are often being kept in the regular education classroom. Is this really serving the best interests of these children, or rather, is it serving their parents who strive to cling to a feeling of normalcy from their children? If the later be the case, who are we to judge? I personally do not have a special needs child, and if I did I cannot begin to tell you how I would feel or fight for that child. However, has the Gaskin verdict closed the door to letting professionals make a decision and opened the door for parents to claim their child has been wronged despite a school districts best effort to do what is best for the child? If so what is the cost? I fear the cost may be many of the regular education students in the classroom. Furthermore, and as far fetched as it may seem, I fear the cost may be national supremacy."

Sample of Sources Used:

  • Department of Education (2004, December 4) Gaskin News Release. June 4, 2010 from: http://www.portal.state.pa.us/portal/server.pt/community/gaskin_v__pennsylvania_department_of_education/7474/gaskin_news_release
  • Grant, Tim (2005, October 9) Parents Fear Ruling May Keep Their Son out of Special School: Bucking the Inclusion Trend. June 4, 2010 from: http://www.susanohanian.org/show_special_news.php?id=177
  • Legal Dictionary (2010) Class Action. from: http://legal-dictionary.thefreedictionary.com/Class+action+lawsuit
  • Mauro, Terri (2010) Special Needs Children. June, 4, 2010 from: http://specialchildren.about.com/od/specialeducation/f/iepfaq01.htm
  • Pennsylvania Department of Education (2005, May 10) Important Information for Parents of Special Education Students Regarding the Gaskin Case. June 4, 2010 from: http://lvsd.schoolwires.com/5043115511132456/site/default.asp

Cite this Case Study:

APA Format

"Gaskin v. Pennsylvania Department of Education" (2010, June 07) Retrieved April 24, 2014, from http://www.academon.com/case-study/gaskin-v-pennsylvania-department-of-education-120210/

MLA Format

""Gaskin v. Pennsylvania Department of Education"" 07 June 2010. Web. 24 April. 2014. <http://www.academon.com/case-study/gaskin-v-pennsylvania-department-of-education-120210/>

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