Frederick L.: A Review of the Litigation in Context

1986 ◽  
Vol 52 (4) ◽  
pp. 367-375
Author(s):  
Win L. Tillery ◽  
Joseph C. Carfioli

Frederick L. was identified as a learning disabled person in need of special education. Because the school district did not operate appropriate programs for students at or above grade 5, he was deprived of a program to meet his needs. The parents initiated a class action suit in the federal courts seeking an appropriate remedy. Throughout the course of litigation, the federal court has served a key role as mediator in effecting sweeping changes in programs for learning disabled students. These changes have provided for special education of the learning disabled from school entry to age 21 and include provisions for equal access to vocational training for exceptional persons.

1989 ◽  
Vol 9 (3) ◽  
pp. 167-172 ◽  
Author(s):  
Marley W. Watkins

Computerized drill-and-practice is currently a primary application of microcomputers in special education. This application has been disparaged by some, but in many cases has been demonstrated effective in improving the academic skills of learning disabled (LD) and underachieving children. This investigation found that 126 LD students who received computerized math and spelling drill-and-practice for a year expressed significantly more positive attitudes toward academic work on the computer than toward similar academic tasks undertaken in the regular classroom. They also reported opinions significantly more favorable toward math and spelling drill than opinions expressed by 89 other learning disabled students, who did not have access to computerized math and spelling instruction, toward academic work performed in their special education classrooms. Analysis by gender of student revealed that boys were significantly less positive about school than girls but that boys and girls were equally positive about practicing academic skills on the microcomputer. It was concluded that computerized drill-and-practice may be more effective than once believed and that additional research is needed to identify the components of computerized drill-and-practice that result in academic and attitudinal gains among learning disabled pupils.


1995 ◽  
Vol 77 (2) ◽  
pp. 473-474 ◽  
Author(s):  
Christie M. Gunter ◽  
Gary L. Sapp ◽  
Anthony C. Green

Wechsler Intelligence Scale for Children-III IQs and Wechsler Intelligence Scale for Children—Revised IQs of 16 preadolescents who were learning disabled, urban students (14 black) receiving special education services were compared. Analyses indicated lower mean WISC-III IQs, correlations of .57, .74, and .72 between scores on Full, Verbal, and Performance Scales, respectively, and significant correlations of .44 to .80 between respective sets of subtests. Exceptions were Information (.34), Similarities (.30), and Picture Arrangement (.15). These results suggest that the WISC-III may compare favorably with the WISC—R, if replicated with a substantial group.


2018 ◽  
Vol 4 (3) ◽  
pp. 255-271
Author(s):  
Andrew W. Bell

This Comment seeks to clarify the scope of cross-jurisdictional tolling in Texas. Although both Texas and federal courts interpreting Texas law have addressed this issue, no Texas court has specifically addressed whether putative members of a class action lawsuit—which was filed in a federal court located in Texas and that asserts Texas property-related claims—can rely on the class action lawsuit to toll the statute of limitations applicable to their claims. Part I of this Comment provides a brief history of the class action tolling doctrine, specifically describing American Pipe and its progeny. Part II discusses recent Texas case law decisions on the American Pipe doctrine and their applicability when cross-jurisdictional tolling is involved. Part III briefly discusses the policy concerns behind cross-jurisdictional tolling. Part IV recommends that Texas should adopt cross-jurisdictional tolling in property-related cases, especially when the class action lawsuit is filed in a federal court located in Texas. Finally, Part V summarizes the points discussed in this Comment.


1984 ◽  
Vol 7 (4) ◽  
pp. 295-298 ◽  
Author(s):  
David Quinn

I am a learning disabled adult deeply concerned about the education of atypical children in general and the learning handicapped in particular. Now in my early thirties, I entered the school system before enactment of state and federal legislation mandating equal access to public education for the handicapped. Although great strides have been made since special education and learning disabilities were neophyte disciplines, glaring inequities remain. My purpose in writing this essay is to use my experience within and outside the educational system to reflect upon the distance we have traveled and the difficult path we still must traverse. Additionally, I will offer hope and encouragement to both teachers of the learning disabled and their students in the form of valid avenues of improvement.


1983 ◽  
Vol 6 (3) ◽  
pp. 283-288 ◽  
Author(s):  
Martha L. Thurlow ◽  
James E. Ysseldyke ◽  
Janet L. Graden ◽  
Bob Algozzine

This article reports on a study of the instructional ecology of resource rooms and regular classrooms for LD students. Eight students were observed on 53 events in 10-second intervals for two complete days of classroom instruction. Comparisons were made of how these students spent their time in resource and regular rooms. In general, opportunities for differentiated instruction were available to the LD students in the resource rooms (e.g., instruction in reading was more individualized). However, no practical differences were noted in the amount of time students were actively engaged in instruction in the two settings. Overall, in both settings, LD students were actively engaged in responding to academic tasks for a very short time (29 minutes per day in resource rooms, 19 minutes per day in regular classrooms).


1983 ◽  
Vol 6 (1) ◽  
pp. 20-30 ◽  
Author(s):  
Barry F. Perlmutter ◽  
Jennifer Crocker ◽  
David Cordray ◽  
Dean Garstecki

Learning disabled adolescents rated each other, and were rated by nondisabled classmates and teachers within special education and lower track mainstreamed classes. Results demonstrated that, while disabled subjects were generally less well liked than their peers, a subgroup of the disabled sample was very well regarded. Additionally, most of the remaining disabled subjects were rated in the neutral, rather than the disliked range. Behavioral differences between disabled and nondisabled, and popular versus unpopular disabled subjects were also examined. Comparisons of ratings by teachers in mainstreamed and special education classes revealed that special education teachers tended to view disabled students as less socially, but more academically competent than did teachers in mainstreamed classrooms. Additional areas related to social adaptation, such as ratio of disabled to nondisabled students in a class and social decoding ability, were also examined and discussed.


1981 ◽  
Vol 53 (2) ◽  
pp. 499-505 ◽  
Author(s):  
Bruno J. D'Alonzo ◽  
Stanley H. Zucker

60 learning disabled students, 43 males and 17 females, enrolled in a high school special education resource-room program listened to content presented at variable rates. The 60 subjects were randomly assigned to six experimental groups of 10 students each. Three groups were assigned to listen to content in history each at one of three predetermined rates. The same procedure was used for the three groups assigned to listen to biological content. Measures of comprehension of the content indicated no significant difference in the amount of information each group of students retained when the historical or biological content was presented to their particular group aurally at an expanded, normal, or compressed rate of speech.


2019 ◽  
Vol 7 (1) ◽  
pp. 153-185
Author(s):  
Brian Elzweig

This Article examines Congress’s decades-long attempt to ensure that securities class action lawsuits of national importance are litigated in federal courts. The intent is limiting strike suits. Congress attempted to curtail strike suits through the enactment of the Private Securities Litigation Reform Act (“PSLRA”). The PSLRA required heightened pleading requirements to ensure the validity of federal securities class actions. Instead of solving the dilemma, plaintiffs circumvented the PSLRA by bringing fraud cases as state law claims. To combat the circumvention of the PSLRA, Congress enacted the Securities Litigation Uniform Standards Act (“SLUSA”). SLUSA federally preempted state law claims based on alleged misrepresentations, untrue statements, or omissions of material facts, requiring them to be brought in federal court. However, SLUSA did not address the concurrent jurisdiction provision of the Securities Act of 1933. This created an anomaly whereby many federal claims under the 1933 Act were brought in state courts, while state fraud claims were required to be brought in federal court. Congress could have addressed this enigma when it enacted the Class Action Fairness Act (“CAFA”). Instead, CAFA, which reformed class actions generally, exempted most securities class actions from its rules. In 2018, the Supreme Court decided Cyan v. Beaver County and allowed 1933 Act claims covered by SLUSA to continue to be brought in state courts. The Court was silent on non-covered securities. This Article recommends how Congress can accomplish its goal of forcing important securities class actions into federal courts.


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