Assignment 3

Assignment 3: Depose the Participants

ESE548 : The Class : In Practice : Pensive Pat : Assignment 3

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Put yourself in the role of opposing attorney in the case where the student was pelted with rocks during lunch. Depose each of the subjects in the potential law suit.

Depose the youngster, forced to sit in the hall and be abused by peers. Get a flavor of his need for peer support, friendship, the embarrassment, even emotional abuse that may be occurring.
Depose the parents, angry that their son is suffering this indignity. See if you can get a sense of how much of a toll it has taken on each of them, on the marriage, the financial expenses, and the support or lack of it from their own parents, from other children in the family. Has it disrupted any of their personal life goals - kept one or the other from advancing, kept the family from having vacations, cost any promotions? Have there been fights between the parents about what was best for the child? How are they coping with their son's need for stimulation, for a peer group, for access to higher education?
Get a flavor of the teacher's dilemma. Is this just an inhumane woman, selfish and unjust, or is there a lot more to this story? How hard is she working to provide a great education for these kids? Does she have an aide? Did she expect to be caring for a youth who had such severe disabilities? Is it hard to change the diapers of adolescents? Is it back breaking work? Does she have a good heart? Does she have a right to a peer group - to a lunch, a break?
Depose the district. Where is the money coming from for these services? Could the school cut corners and provide an aide? Is this a case of insensitivity or is there a lot more going on? Did the administration know the student was being treated so harshly? If not, why not? What roles are they performing for the good of the school or community that suggest they might not see an individual student or teacher as their focus.
See if you can talk with a couple of the students caught throwing the rocks. Find out that perspective and get some insight about the district, special needs and these youngsters.

Now, write out a brief that includes a summation of each position and the legal or regulatory ideas that have a bearing on the situation.

Position or role	State Law	Federal law or regulation
School and Administration
Regular Teachers
Special Ed Teacher
Parents
Student

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E-mail J'Anne Ellsworth at Janne.Ellsworth@nau.edu

Course developed by J'Anne & Martha Ellsworth