Running head: SPECIAL EDUCATION

Special Education Artifact # 4

Melissa Avila
Professor Sherry Herington

SPECIAL EDUCATION
Every child is granted the right to education in the United States. There should not exist
any reason as to why anyone should deny the privilege to educating a child. Jonathan is a tenthgrade student who has multiple disabilities requiring constant care by a special nurse. Jonathans
parents seek Debbie Young, a high school principal for assistance with Jonathans education. The
principal refuses helping due to expensiveness and her view that school is not the best place for
Jonathan.
The Supreme Court case Cedar Rapids Community School District v. Garret F. and
Charlene F. is about a student requiring assistance to his physical needs during the day in school.
Meanwhile, the School District denied assistance; the court ruled that the school should provide
services and keep the student in school. This case supports Jonathans case because no one
should deny a child an education. There exist laws and acts that protect against discrimination of
a disabled child.
Timothy W. v. Rochester, New Hampshire, School District is about a mentally retarded
and serious disabled child. The school district considered this situation so severe that caused the
student to be denied of district-supported services. The Court ruled that a school district has a
duty to provide an educational program for every handicapped child, regardless of the severity
of the handicap. The Court also stated that there may be cases in which no benefit is achieved.
This case supports Jonathans case because similar actions occurred. While the child in Timothy
W. v. Rochester was benefited, Jonathan was not.
In the court case Sacramento City Unified School District v. Rachel Holland, Rachel is a
child mentally retarded. Although with a high I.Q., she attends a variety of special education
programs. Rachels parents requested full-time placement in general education but were only

SPECIAL EDUCATION
offered half-time. The Court ruled, based on IDEA, that to the maximum extend appropriate,
handicapped children shall be educated with their non-handicapped peers.
IDEA, which stands for Individuals with Disabilities Education Act, is a law ensuring
services to children with disabilities. IDEA is in charge of watching over states that provide early
intervention and special education. The Free Appropriate Public Education (FAPE), concerns
students with disabilities. This section of the Rehabilitation Act protects the disabled in programs
and activities that receive federal financial assistance.
I believe Debbie Youngs decision is not defensible. Timothy W. v. Rochester is a similar
case in which a student was denied benefits in school. The refusal of the principal to accept
Jonathan in school was an unfair action. There exist multiple laws that protect special education
students such as IDEA and FAPE. With that, Jonathan should be granted with the right to
education regardless of principals decisions.

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References
Building the Legacy: IDEA 2004 (n.d.). In U.S. Department of Education. Retrieved
April 8, 2014, from http://idea.ed.gov
Free Appropriate Public Education for Students with Disabilities (n.d.). In U.S. Department
of Education. Retrieved April 8, 2014, from
http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html
Kids Together, Inc. (n.d.). Sacramento v. Rachel H. Retrieved April 8, 2014, from
http://www.kidstogether.org/right-ed_files/rachel.htm
The OYEZ Project. (n.d.). Cedar Rapids Comm. Sch. Dist. v. Garret F. And Charlene F. In IIT
Chicago-Kent College of Law. Retrieved April 8, 2014, from
http://www.oyez.org/cases/1990-1999/1998/1998_96_1793
UNC School of Government (n.d.). Timothy W. v. Rochester, New Hampshire, School District.
Retrieved April 8, 2014, from http://csl.sog.unc.edu/node/1078