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RUNNING HEAD: Case Senario

Case Scenario

Brayan Martinez

College of Southern Nevada

October 3, 2018
Running Head: Case Scenario

Debbie Young is an experienced high school principal who has a background in

special education. She was also an assistant principal and a progressive school district

in South. A parent has come to her with a disabled 10th grader who wants to attend one

of the schools in the district. Jonathan the child, has multiple disabilities requiring

constant care by a trained nurse, is profoundly mentally disabled, has spastic

quadriplegia, and a seizure disorder. The principal refuses the parents request because

of the high rate to maintain the child at school, and the principal believes that there is

another school that will be able to benefit him better.

The principal Young is not at fault if this case were to go to court. The Dale M. v.

Board of Education and Bradley Bourbonnais High School case proved that schools do

not have to provide the most services and programs available to students. The student,

in this case, had a serious disciplinary problem for some time and was placed in a

therapeutic day school. The student was jailed and then released and his parents then

placed them in a residential placement and wanted to get reimbursed alleging that only

a residential placement was appropriate. The court found that the “residential placement

was not educationally necessary” so his motion was declined. this will be the same case

with Jonathan a lot of the needs may not be educationally mandatory but are very

needed. (Webb 144)

Yes, there is laws that schools must provide supplemental services in the regular

classroom, but that does not mean that all students have to attend their neighborhood

school. The court case Mclaughlin v. Holt Public Schools, showed that the “students

could be served outside the neighborhood school if it offers the program student

needed”.(Webb 155) The principal Debbie Young is an experienced educator and she
Running Head: Case Scenario

only wants what is best for her students, believes that Jonathan could have a better

education elsewhere. Young does not have the necessary resources needed to

accommodate Jonathan and his necessities. If there is another school principal young

can recommend and is protected by law that he attend that school.

In Irving independent school district v. Tatro, the supreme court devise a three-

part test to determine whether the school district is required to provide a service to a

student. A student that had spina bifida which required clean intermittent catheterization

services in order to attend special ed classes, was not receiving them so parents sued

the school and won. The court concluded that “CIC related to the effort to educate

because it was a necessary service in order to allow the student to remain in the

classroom”.(Webb 153)If Jonathan needs services that he needs to stay in class, which

he does, he has the right to attend the school and for them to provide the services that

he needs.

Another perfect example that Jonathan has the right to attend that school and the

services he needs has to be provided to him. Cedar Rapids Independent School District

v. Garrett exemplified the quadriplegic students they need one to one nursing services

must have them. The quadriplegic student who was ventilator depend it require the one

to one nurse, but once he entered six-grade school district denied him his service. The

court then ruled that “the school district was required to provide the services under IDEA

as a related service”. (Webb 154) If this student got to his one to one nurse then

Jonathan can definitely attend Debbie Young‘s school.

Debbie Young is an experienced educator and knows what is best for her

students. Her recommendation that Jonathan attends another school is not against the
Running Head: Case Scenario

law and is a smart decision. Her school does not have the materials necessary to give

Jonathan the education he deserves another school just might. If this were to go to

court Young is protected by law and will win the case without a doubt.

Reference Page

Underwood, J., & Webb, L. D. (2006). School law for teachers: Concepts and applications.

Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.

Running Head: Case Scenario