Portfolio Artifact #1

Portfolio Artifact #1

Francisca Esquer
EDU 210
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Part 1

Reading law cases can sometimes be challenging for the novice (pg. 20, Julie

Underwood L. Dean Webb), was something I totally agreed with from our textbook. I found

myself reading the case over and over again and still have some uncertainties on the information

I read. With that being said the court case that I will be describing is United States of APPEAL

FOR the NINTH CIRCUIT: K.M. V. Tustin Unified School District & D.H. V. Tustin Unified

School District. It was argued and summited December 2, 2012-Pasedena, California, filed on

August 6, 2013. From what I understood in the end of this case it is sent back to a lower court

from which it was appealed, for further proceedings consistent with its opinion.

It was on the School Districts compliance with its obligations to a deaf or hard-of-

hearing child under the Individuals with Disabilities Education Act and how it did not establish

compliance with its effective communication obligations to that child under Title II of the

Americans with Disabilities Act. The plaintiff, high schoolers with hearing disabilities who

needed special education services under the IDEA, alleged that their school district had an

obligation under the Title II of the ADA to provide them with a word-for-word transcription

service. The panel rejected 3 reasons and remanded for further proceedings consisting with its

opinion. The district court held that the plaintiffs, Title II, claim was foreclosed as a matter of the

law by the failure of the plaintiffs IDEA claim. The district court denied the request to order the

service, on the ground that the IDEA does not require States to maximize each childs
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potential. Since the plaintiff could not show that they were not being denied meaningful

access to school services, programs, or activities. Also, teacher witnesses alleged that K.M.

could perform at the level of her fellow peers/students and extra service was not necessary. They

concluded that they REVERSE the grants of summary judgment on the ADA claims and

REMAND for further proceedings.

Part 2

In the Constitution of the State of Nevada, article 11 covers Education and there are 10

sections for Education. All this information is useful to me, a practicing educator, because its

allowing me to familiarize myself with formal laws of education; like where are funds come

from, duties of Educators, were the establishments come from and what they stand for, the

support by direct legislature appropriation in universities and common schools. This is all

information I must begin to familiarize myself with, so I can fully understand, be able to comply

with and use these laws while being an Educator in this state.
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References

United States Courts for the Ninth Circuit: Court of Appeals; K.M. V. Tustin Unified

School District. Retrieved from: www.ca9.uscourt.gov

School Law for Teachers Companion Website. Retrieved from:

www.prenhall.com/underwood