Spe 359

Due Process and Parental Rights

Student Name

Special Education Litigation and Law – SPE - 350

Date

Diana Metzger

Due Process and Parental Rights

One court case that addressed parental rights and due process is Zachary Deal v. Hamilton Board of Education (6th Circuit 2004). This case involved a three year old little boy and his parents, Maureen and Phillip Deal. Zachary Deal began preschool comprehensive development class at Ooltewah Elementary School. In September of 1997 while he was attending preschool, his parents chose to begin teaching him at home using a program developed by the Center for Autism and Related Disorders or CARD (United States Court of Appeals, 2009).This program used one-on-one applied behavioral analysis or “ABA.” On May 11, 1998 the Deals met with an IEP team to determine ESY or extended school year. The told the IEP team about Zachary's progress using the CARD program at home and they wanted Zachary to receive a school system funded home based ABA program for forty hours per week, as well as, speech therapy. The IEP team agreed on speech for three days a weeks. The Deals had a few other IEP meetings over the following year. During the year of 1998-1999 Zachary attended public schools sixteen percent of the time. When they reconvened in May 1999 to discuss ESY for the summer, the school refused to grant the Deals their request of the school funded ABA program again. They stated that because of his infrequent attendance they could not document any regression without the ABA program. Zachary attended a private preschool for the 1999-2000 school year and did not attend public school at all. For the 2000-2001 school year, Zachary did attend public school, but only part time. 

Here have an opening statement to let the reader know what your paper is about. Give some background on what due process is all about.

Put the Name of Your Court Case Here

In 1,250 to 1,500 words analyze the court case you picked from pages 91 – 94 of the...