Due Process and Parental Rights

Due Process and Parental Rights

Paulette Smithmeyer

Grand Canyon University: SPE-350

June 14, 2015

Due Process and Parental Rights

Several lawsuits and courts have determined that financial damages maybe available under statutes such as Section 504. This is if the parents/legal guardians can show that officials in the school purposely discriminated against or improperly disregarded a student’s rights. In 1975, a dispute arose between Dr. Keith and Nikole Whitehead and Hillsborough County School District over provisions of Special Education Services.

Court Case

In 1975 the case of Whitehead (Plaintiff) vs The Hillsborough County School District (Defendant) of Florida. The Plaintiff petitioned for due process hearing for special education against the defendant, when a dispute emerged between the Plaintiff and Defendant with the accomplishments of special education services for Andrew Whitehead were withdrawn from his IEP.

Parties involved and Issues

Parties involved in the court case are Andrew K. Whitehead, Dr. Keith and Nikole Whitehead (parents) and Hillsborough County Scholl District. Andrew K. Whitehead was born August 30, 1987 to Dr. Keith and Nikole Whitehead. Born with Down syndrome and various disabilities related to Downs Syndrome, Andrew has been characterized with disabilities through the obligations of IDEA that allows individuals with special needs to be provided free appropriate public education. Also obtaining Federal financial support allowing Andrew exposed to 504 of Rehabilitation Act 1973 and forbids discrimination towards any disabled individual.

Main Points and Case Adjudicated

September 24 and 28, 1993 due process hearing was held. February 1994, a lawsuit of due process was filled by the Plaintiffs seeking to administer provisions of IDEA/ Section 504. December 1995, the Plaintiff’s filed an rectified accusation claiming “inter alia” (among other things) that the Defendants conspired to deny Plaintiffs right under...