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Jasmin Senn

Dr. Warby

EDU 210 – 1002

4 March 2019
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Student Disability Rights

Scenario:

Debbie Young is a high school principal with teaching experience in special education.

One day, she was approached by the parents of a severely disabled child requesting a placement

into the school for their son, Jonathan. As progressive as the school might be, the child’s

disabilities are too costly and too intensive for the school to accommodate. In addition, Debbie

feels that the school is not the most appropriate place for Jonathan. Having said this, the request

was declined.

Debbie Young Supporting Argument I of II:

In support of principal Debbie Young, certain case rulings point in the direction that

schools do not always have to provide services to disabled students. In the court case Board of

Education of the Hendrick Hudson Central School District v. Rowley, a lawsuit was filed after

the school refused to provide a sign language interpreter to a deaf student named Amy Rowley.

In a six-to-three decision, the court held that schools are not required to provide certain services

to students who are receiving an equal and adequate education. As stated above, Jonathan has

several severe disabilities that require extensive care and finance. Principal Debbie stated that

she did not believe it was the most appropriate placement for Jonathan given his disabilities.

There is only so much a public school can do regarding financial responsibility, therefore it is

safe to say that Jonathan’s best educational opportunity is in a private environment that

accommodates to his needs better.

Debbie Young Supporting Argument II of II:

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Furthermore, Abrahamson v. Hershman also relates to the situation that principal Debbie

is facing. In the case Abrahamson v. Hershman, the court ruled that placement in a private school

was necessary for a child with multiple disabilities. In addition, it was the school's responsibility

to pay for the private school. Although Debbie denied Jonathan’s placement in her school, she

stated that general public schooling was not appropriate for Jonathan and never once refused

payment for a private school. An individual like Jonathan with severe disabilities requires

constant, extensive care and assistance that could never be fully upheld in a public school.

Student Supporting Argument I of II:

In support of the student, Jonathan’s disability rights were violated. In the court case

Mills v. Board of Education of District of Columbia, lawsuit was filed against the school board

after seven disabled children were denied their right to an education. The school deliberately

excluded children who suffered from mental and behavioral problems among many other

disabilities. It was later ruled that children with disabilities have the right to a public education,

even if they cannot afford the expenses of the education. Much like this court case, Jonathan was

denied his right to a free public education based on his disability and the expenses necessary to

accommodate to his needs.

Student Supporting Argument II of II:

In continuance, the court case Cedar Rapids Community School District v. Garret F. also

relates to the situation that is happening with Jonathan. Garret was a disabled student at Cedar

Rapids Community School District. Due to Garret’s disability, he required a wheelchair,

ventilator and assistance in attending to his physical needs. The district declined to accept

financial responsibility in order for Garret to attend school and a lawsuit was filed. In a seven-to-
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two decision, the court ruled that if the services are related to the child’s needs and are necessary

to keep the child in school, it is the school’s responsibility to provide such services. Like Garret,

Jonathan requires assistance along with federal funding to help him get the educational

opportunity he deserves. As stated above, it is the school's responsibility to provide these types

of services so that no child, despite their disability, is denied their right to a free education.

Informed Opinion:

After critically examining both sides of the argument, I strongly believe that the court

will rule in favor of the student. Although principal Debbie may have tried to resolve this

situation in a way that she felt was most appropriate, she failed to see the true error in her

decision. A child, regardless of their disability, should never be denied an education. The court

case Cedar Rapids Community School District v. Garret F. is proof that public schools must be

flexible to the needs of disabled students or pay for their private education. Garret faced a very

similar situation to the one that Jonathan is facing, therefore it is only right that the ruling is

similar as well.
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References

OpenJurist. (2010, 2011). 701 F. 2d 223 - Abrahamson v. Hershman. Retrieved from

openjurist.org/701/f2d/223/abrahamson-v-hershman.

Oyez. (2019). Cedar Rapids Community School District v. Garret F. Retrieved from

www.oyez.org/cases/1998/96-1793.

U.S.A. Education Law. (2019). Mills v. Board of Education of District of Columbia. Retrieved

from usedulaw.com/438-mills-v-board-of-education-of-the-district-of-columbia.html.

Wikipedia. (2019). Board of Education of the Hendrick Hudson Central School District v.

Rowley. Retrieved from

en.m.wikipedia.org/wiki/Board_of_Education_of_the_Hendrick_Hudson_

Central_School_District_v._Rowley.