Paper details: The purpose of the assignment is to encourage the use of professional databases and
to provide generalized and practical understanding of policy in practice. All students will submit one brief.
Case Brief: Each student will submit one case brief related to the contents of the course.
Case Study Topic: The Individuals with Disabilities Education Act
Case Brief Breakdown – Should describe a pertinent court case. Briefs should be typewritten in 12-point font; double-spaced and must include the following headings:
• Case Title and Citation – The title lists all the litigants with the plaintiff(s) named first. It also includes the court and year in which the case was decided.
• Court Type and Level – The level and type of court in which the decision
was made should be listed.
• Facts – The facts provide the reader with a description of the actual circumstances and events that are involved in the case.
• Issues – An issue is a disputed point or question of law upon which a legal action is based. Usually relates to what statute the case is based on or what legal right has been violated. Issues may also arise concerning the process of enforcing the rights that citizens are guaranteed. In other words, what steps in the process have been violated?
• Court’s Holding – The decision made by the court in a dispute is known as a holding(s). This decision includes the specific decision(s), the reasons for the decision(s), the legal precedent for the argument, and applicable statutes.
• Rationale – This is a very important part of the case brief. You must explain the gist of the court ruling (i.e., why the court arrived at its holding).
• Significance of the Decision – The reviewer should consider the significance this case may have for the field of special education and/or education in general. This is the reviewer’s personal opinion.
• (1 section) Unresolved issues and further questions – Identify and discuss issues and questions regarding this case.
Other cases cited – List the other cases cited by the court (e.g., Brown vs. Board of Education). Provide a maximum of 5 other cases cited.
Important Notes: Briefs should be no less than 3 pages and no more than 5-6 pages in length. Students are to locate their own cases using Wrightslaw or legal research databases.
Websites or Databases that are currentaqwly free include: http://www.wrightslaw.com/caselaw.htm
http://www.lexisnexis.com/community
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