Jacqueline Gutierrez

Professor Dr. Warby

Edu 210
July 11th, 2016

Question 1
Nevada Belongs to the Ninth Circuit Court of Appeals
A court case identified from the Ninth Circuit is that of Doug V. Hawaii Department of Education
on October 16th, 2012 in Honolulu Hawaii. It was an appeal from Appeal from the United States
District Court of Hawaii. The judge was Kevin S. Chang. In the case, the involved student,
Spencer, had Autism and received special education services under the Individuals with
Disabilities Education Act (IDEA). His high school conducted a IEP meeting on November 9 th,
2009 without him, his parents, or guardians. His father, Doug, requested to have the meeting
done again with them in December 6th, 2009 because they were absent. Multiple dates were
proposed for the meeting by the Department, in which Doug couldn’t attend because he was
sick. Doug still wanted the meeting but didn’t get one. Doug first appealed to the U.S. District
Court, then, he appealed to the U.S. Court of Appeals for the Ninth Circuit. In the outcome, the
Ninth Circuit stated that if the parent does not refuse to attend an IEP meeting, the school must
accommodate him, especially because the child is special needs and needs its rights protected.
Question 2
Article 11 covers Education.
There are 10 sections covering education.
Section 9 states that sectarian instruction is prohibited in common schools and universities.
Sectarian instruction cannot be allowed in schools under the Constitution.
As an educator, it is highly important to not teach in a sectarian way. Many students in common
schools are religious or part of a sect that distracts from studies. A common and important
topic that religious students argue with is that of evolution. Students and inclusively teachers
may have a strong sectarian belief about evolution, but it should not distract from the actual
science of it. Another important aspect that section 10 can protect students and teachers from
is sects that tell their students or teachers to preach at school. A common religion that does this
is the Jehovah's Witnesses. From personal experience, growing up as a Jehovah's Witness,
placed me in a lot of pressure. I was told to preach at school, but I couldn't. It honestly
distracted me from learning as a lot of the things taught, seemed to conflict with my own
beliefs.." Being involved in a sect as professor or teacher and showing it to the students would
indeed cause a lot of disturbance in their education. One must be able to separate their beliefs
from education. In the end, the skills learned from education is to help them in their future.