McAndrews Law Prevails in Precedent-Setting Special Education Case Under Section 504

Jun 27, 2023 | News | 0 comments

Gone are the days when schools were not responsible for a student’s behavior outside of the classroom. In McAndrews, Mehalick, Connolly, Hulse and Ryan P.C., Goldsborough & Young reported that McAndrews Law won a precedent-setting special education case under Section 504. According to Goldsborough and Young, “The court held that a child with disabilities has not sufficiently learned to regulate emotions including outside of school, this deficit can reflect a failure of the district to provide an appropriate program under Section 504.”

Goldsborough & Young also stated to date, “school districts and charter schools have argued that behavior outside of school is neither the responsibility of the special education program nor a reflection upon the efficacy and appropriateness of that program.” However, Judge Rice’s opinion differed from that of the school districts and charter schools. Based on both Section 504 and Individuals with Disabilities Education Act (IDEA), Judge Rice supported the idea that school-district and charter school programs should be held accountable for the child’s behavior outside of school.

CASEN (Collaborative Advancement for Social-Emotional Needs) believes that it can help provide a solution to this problem. If students are taught and empowered to apply social wellness, then they will have the appropriate tools and skills necessary to assimilate into society.

Edutopia stated Social-Emotional Learning (SEL) skills and academic success supports and strengthens students’ relationships with peers, families, and teachers and encourages academic achievement. According to CASEL, SEL is the process through which people develop and manage their emotions by applying skills and knowledge. SEL allows people to develop healthy identities, achieve personal and collective goals, feel and show empathy for others, establish and maintain supportive healthy relationships, and make responsible decisions. CASEL is an organization that works to advance SEL in schools nationally and worldwide.

CASEN creates a safe online environment to support students’ academic achievement by helping them identify their own individual strengths. This is done through guided lessons on how to present oneself and how to respond appropriately on social media.
Through the activities and lessons provided by CASEN, students will be able to improve their self-regulation and identify and, eventually, better manage said thoughts, feelings, and behaviors. Self-regulation is the ability to control and manage thoughts, feelings, and behaviors that have been linked to academic achievement in numerous studies. CASEN believes that with the proper support and encouragement through the site and with the help of educators, students will improve their social-emotional learning which will make them better students academically and afford them to be better prepared for college, the workforce, and the real world.

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