PROVIDING A LEGALLY-APPROPRIATE SPECIAL EDUCATION FOR STUDENTS WITH BIPOLAR ...

225 Pages·2009·0.67 MB·English

by  Kelly Sherrill

PROVIDING A LEGALLY-APPROPRIATE SPECIAL EDUCATION FOR
STUDENTS WITH BIPOLAR DISORDER: ISSUES AND ANALYSIS
by
KELLY A. SHERRILL
(Under the Direction of John Dayton)
ABSTRACT
To determine what a legally-appropriate special education is for students with bipolar disorder,
this study analyzed litigation trends involving students with bipolar disorder who brought cases
under the Individuals with Disabilities Education Act (IDEA). Through review of the IDEA, its
regulations, the pivotal Supreme Court and Circuit Court decisions interpreting the meaning of a
“free, appropriate public education” (FAPE) and “least restrictive environment” (LRE), and
cases involving students with bipolar disorder, this study identified patterns, trends, and relevant
facts that appeared to influence courts’ decisions in favor of school districts and courts’ decisions
in favor of students. The majority of the cases held in favor of the school district on both
questions of eligibility and questions of placement. Furthermore, most of the cases involved the
appropriateness of school district-proposed placements versus parentally-proposed private
placements. Two courts held that the residential setting was purely for psychiatric purposes and
was not educational. In two cases, however, courts held that the psychiatric, emotional, and
behavioral services provided to these students in residential facilities were so intertwined with
the students’ educational services that they were covered under IDEA as “related services.”
INDEX WORDS: special education, special education law, bipolar disorder, Individuals with
Disabilities Act (or “IDEA”), free appropriate public education (or
“FAPE”), least restrictive environment (or “LRE”), manic depression,
schizophrenia, mental illness, residential placement, reimbursement,
eligibility, emotional disturbance, emotionally disturbed, related services
PROVIDING A LEGALLY-APPROPRIATE SPECIAL EDUCATION FOR
STUDENTS WITH BIPOLAR DISORDER: ISSUES AND ANALYSIS
by
KELLY A. SHERRILL
B.S.Ed., The University of Georgia, 1995
M.Ed., The University of Georgia, 1997
J.D., The George Washington University Law School, 2001
A Dissertation Submitted to the Graduate Faculty of The University of Georgia in Partial
Fulfillment of the Requirements for the Degree
DOCTOR OF PHILOSOPHY
ATHENS, GEORGIA
2009
2009
Kelly A. Sherrill
All Rights Reserved
PROVIDING A LEGALLY-APPROPRIATE SPECIAL EDUCATION FOR
STUDENTS WITH BIPOLAR DISORDER: ISSUES AND ANALYSIS
by
KELLY A. SHERRILL
Major Professor: John Dayton
Committee: Elizabeth DeBray-Pelot
Sally J. Zepeda
Electronic Version Approved:
Maureen Grasso
Dean of the Graduate School
The University of Georgia
August 2009
DEDICATION
To my mother, Elizabeth Chandler Sherrill – Even the words, “I love you” and “thank you” are
not enough to show my love, appreciation, and admiration for you. You’re my rock. You serve
as my wings. Without you, nothing I do is possible. Everything I am reflects your love, your
encouragement, your support, and your wisdom. I hope to make you proud.
To Honey, my canine soul mate – the greatest yellow Labrador Retriever in the history of the
world. I love you beyond expression, word, or gesture. Thank you for walking with me every
step of this journey. I only regret that I could never give you what you give me. I wish we could
stay together forever.
To Macky and Buddy, “the boys” – the most joyous, friendly, and handsome black Labrador
Retrievers in the history of the world. Few things rival the happiness I feel when I return home
to your dances of joy and sweet nuzzles. I love you.
Most importantly, to my Lord – Thank you for everything. Your blessings are innumerable, I
bow down before you with appreciation, humility, and honor.
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ACKNOWLEDGEMENTS
To my brother, Chris, and sister-in-law, Ami – I don’t deserve family as wonderful as you. You
make me proud. Much love and many kisses across the miles.
To my niece, Ashlyn, and nephew, Andrew – I love you. Thank you for reading the books I give
you. Don’t ever stop reading, writing, and learning. I don’t expect you to read my dissertation,
but hope it serves as a symbolic reminder that you can pursue any intellectual or academic
endeavor you so desire as you grow up in this world.
To my daddy, Dana Sherrill – I recognize and appreciate your support even if it’s
unconventional.
To Dr. Catherine Ross – I would not be here without your unceasing mentoring and
encouragement, as well as your provision for me to study special education law during my time
at GW. I am thrilled and humbled to be affiliated with a university that calls you “professor.”
To Bill Chapman and Kathy Mehfoud – You both are my gurus. I learned to adore school law
under your tutelage, and will always appreciate the kind and guided mentoring you gave me in
my early days as a school attorney. I am excited to be back in Virginia and I look forward to
learning from and collaborating with you both once again.
To Jack Lance – I have looked up to you ever since we acquainted during the 2002 NSBA annual
conference, after which your follow-up note wished me a great school law career. I have been
very fortunate to learn from you on many occasions, to admire your thoughtfulness and
advocacy, and to enjoy the company of your family. I will miss you.
To David Dempsey – You set me on my way. You gave me a wonderful foundation for legal
research and writing, and accepted me when I wanted to pursue “rights law,” as you called it.
Moreover, you have maintained our friendship for all these years and I look forward to resuming
our breakfast meetings at Silver Spoon Cafe at Tyson’s. I am grateful to call you “mentor” and
“friend.”
To each of my professors at GW Law School and the many partners, associates, and clients for
whom I’ve worked – You are the reason I could accomplish this task. You helped me develop
and hone my writing skills, my legal knowledge, and my endless interest in education law.
Thank you for giving my work purpose.
To Tim, Julie, and T. J. – You have been closer than family the past two years. I love you dearly
and my heart aches that I will not see T. J. as frequently as I have. I look forward to your visits.
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To Richard, Michele, Kim, Julie, Jennifer – You are my best friends, my “brother” and my
“sisters,” and you’ve been with me longer than anyone other than my parents. You have cheered
me on, celebrated my decisions, and encouraged me when I wasn’t so sure about those decisions.
I love you. I thank you. I’ll miss you.
To my new colleagues in GW’s Graduate School of Education and Human Development and in
the Department of Educational Leadership, including Drs. Roach, Ehrensal, Lemasters, English,
Tekleselassie, Graham, Emerson, Dannels, Willett, Howerton, and Jakeman – Thank you for
inviting me to join your outstanding group. I am humbled to be among such excellence.
To my committee members – Thank you for selecting me into this program and for providing
assistance and guidance. I appreciate your service on my committee.
To all the children and teenagers with bipolar disorder, the parents and caretakers of children
who have bipolar disorder, and the educators and administrators tasked with providing a free,
appropriate public education to students with bipolar disorder – May the Lord bless you, comfort
you, guide you, and provide you strength. Thank you for allowing me to pierce the inner circle.
My heart bleeds for you.
To the medical, psychiatric, psychological, and pharmacological community – Please work as
hard as you can to find some answers.
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TABLE OF CONTENTS
Page
ACKNOWLEDGEMENTS........................................................................................................... v
CHAPTER
ONE INTRODUCTION ........................................................................................................ 1
Problem Statement......................................................................................................... 1
Research Questions ...................................................................................................... 5
Procedures .................................................................................................................... 5
Limitations of the Study ............................................................................................... 6
TWO LITERATURE REVIEW ............................................................................................ 8
Introduction....................................................................................................................8
A Review of Public Law 94-142, Its Impetus, and Its Enactment................................ 9
Special Education, from Evaluation to IEP................................................................ 15
Providing a Free, Appropriate Public Education (FAPE) in the
Least Restrictive Environment (LRE): The Crux of IDEA......................................... 30
A Review of the Case Law Involving Students with Bipolar Disorder....................... 44
THREE ANALYSIS................................................................................................................121
Introduction................................................................................................................121
Case Law Issues and Analysis................................................................................... 121
Conclusion................................................................................................................. 139
FOUR FINDINGS AND CONCLUSIONS.......................................................................... 140
Introduction................................................................................................................140
Findings..................................................................................................................... 140
Conclusions............................................................................................................... 143
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Implications............................................................................................................... 146
REFERENCES............................................................................................................................ 148
END NOTES............................................................................................................................... 155
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CHAPTER ONE
INTRODUCTION
I. Problem Statement.
Medical and psychological professionals recognize and diagnose more and more students
with bipolar (manic-depressive) disorder every year. Commensurate with the increased litigation
regarding students with bipolar disorder in the late-2000s is the medical field’s publication of
diagnostic and descriptive books and articles examining and discussing how bipolar disorder
presents in children and teenagers.1 This study does not debate the appropriate diagnosis of and
treatment for students with bipolar disorder; indeed, for purposes of providing special education
and related services to students, the diagnosis, while helpful, does not drive such services.
Instead, IEP teams are tasked with drafting individualized programs for each student based on
her unique educational needs to ensure that the student receives some educational benefit.
Still, a brief summary of childhood- and teenage-onset bipolar disorder assists readers.
To be sure, clinicians and physicians have problems and engage in disagreements about
diagnosing bipolar disorder in children and teenagers. The DSM-IV-R divides mood disorders
into depressive disorders and bipolar disorders.2 Despite clearly different presentation and
symptoms of the illness (patterns “that often bear little resemblance to classical cycles of mania
and depression [in] adulthood”),3 no separate category exists to diagnose children and, instead,
the manual requires diagnosis according to the adult criteria.4
Young people with bipolar disorder can present with traits of attention deficit disorder
with or without hyperactivity (ADD and ADHD),5 anxiety disorder,6 obsessive-compulsive
disorder (OCD),7 Tourette’s Syndrome,8 Oppositional Defiant Disorder (ODD) and Conduct
Disorder,9 Bulimia, cutting behavior,10 Borderline Personality Disorder,11 Asperger’s disorder,12
1