Running head: Artifact #4 Student Disabilities 1

Artifact #4 Student Disabilities:

Amber Shewman

College of Southern Nevada

Artifact #4 Student Disabilities 2

Abstract

In this paper, I will be discussing the scenario of Jonathan a student that has cerebral palsy

among other things. The principal denied the parents request due to the financial burden of

healthcare that would need to be administered and that the school might not be the

“appropriate” environment setting. I will be review cases that involve students with severe

disabilities such as Cedar Rapids v. Garret and Timothy W. v. Rochester.

Artifact #4 Student Disabilities 3

Artifact #4 Student Disabilities

In this scenario, we have Debbie Young, who has been a special education teacher and

assistant principal in a school district in the south prior to becoming a high school principal. One

day Debbie is approached by parents of a tenth-grade student named Jonathan, who has several

disabilities that require constant care by a trained nurse. Jonathan is profoundly mentally

disabled and suffers from spastic quadriplegia as well as having a seizure disorder. Principal

Young turns down the parents’ request because of the expense of having a student with these

conditions at the school and the view that the school is not the most appropriate placement for

Jonathan.

If we look at the possible outcome for Jonathan and his parents to prevail in this scenario

we could look at the case of Cedar Rapids v. Garret where we have a student who had a severed

spinal column and was paralyzed from the neck down. He like Jonathan required full time

nursing care and just like the district in this case and that of Debbie Young called to attention the

cost of the care that the district would be paying out. The Supreme Court acknowledged the

financial concern of the district, but due to the laws in place to require the Courts to reject the

undue burden claim. Overall the courts ruled, “That any health services a student may need to

participate in a school setting has to be provided, regardless of the cost or resulting financial

impact on the district (Cambron-McCabe, McCarthy, & Eckes, 2014, p. 161). By this ruling we

can conclude a similar outcome in this scenario we have. Debbie Young made two reasons why

she denied the parents request. One of these reasons was the financial burden that it would inflict

on the district. We see in Cedar Rapids v. Garret this is not the correct way to look at these things

when it comes to a child receiving a free an appropriate education.

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Currently all fifty states participate in the IDEA financial assistance program. All states

are required to address the needs of students with disabilities as stipulated in the Section 504 Act.

“Under this act states are required to identify, locate, and evaluate all resident children with

disabilities, regardless of the severity of their disability” (Cambron-McCabe, McCarthy, &

Eckes, 2014, p. 148) There are qualifications that are required for students to be eligible for this

program. Jonathan is qualified for these services since he has a health impairment that hinders

his day to day activities.

In the case of Timothy W. v. Rochester, you have a student that has similar condition as

Jonathan. Timothy and Jonathan both have spastic quadriplegia. This is a form of cerebral palsy,

which leaves you unable to control any or all four limbs. “The court was of the opinion that any

child with qualifying disabilities, especially those with severe disabilities such as Timothy, are

entitled to special education and related services” (Steketee, 2014). A student like Jonathan has

the right to be taught in the Least Restrictive Environment. Which means, “Children with

disabilities are to be educated with children who are not disabled to the maximum extent

appropriate” (Cambron-McCabe, McCarthy, & Eckes, 2014, p. 154).

After review the cases it is hard not to side with Jonathan and his parents. The IDEA Act

insures that a child with a disability will have the opportunity to receive a free and appropriate

education. The principal had no right to deny the parents their request. Every state must comply

with the regulations on administering an educational experience. All the cases helped to solidify

the regulations of how we look at children with severe disabilities. Regardless of the disability,

there right of being educated like any other child is the number one priority.
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References

Cambron-McCabe, N. H., McCarthy, M. M., & Eckes, S. E. (2014). Legal Rights of Teachers

and Students. New York: Pearson.

Steketee, A. M. (2014, August 14). Timothy W. v. Rochester, New Hampshire, School District.

Retrieved from Encyclopaedia Britannica: https://www.britannica.com/topic/Timothy-W-

v-Rochester-New-Hampshire-School-District