Assignment #5

Assignment #5

Reyna Franco

College of Southern Nevada

Assignment #5

Debbie Young is a seasoned high school principal. She has also served as a special

education teacher and an assistant principal. Due to extraordinary expenses and the view that the

school is not the most appropriate place, she refused the parents request to allow their severely

disabled son, Jonathan, enrollment in one of the schools in the district. Jonathan has multiple

disabilities that require constant care by a nurse. His disabilities include mental retardation,

spastic quadriplegia, and a seizure disorder. Is Young’s decision defensible?

One court case that supports Jonathans parents is, Mills v Board of Education of the District

of Columbia. In this case the court made it clear that students with disabilities must be given a

public education, and that financial limits were a moot point in providing education to these

students (Mills v. Board of Education of District of Columbia, 348 F.Supp. 866 (1972). Although

Jonathan’s disabilities are severe and come with expenses that principal Young deem too costly,

he cannot be denied an education due to the severity of his disabilities.

Another court case that supports Jonathans parents is, Cedar Rapids Independent School

District v. Garrett F. In this case of Cedar Rapids Independent School District v. Garrett F. the

parents requested a due process hearing under IDEA concerning the schools refusal to provide

their quadriplegic son nursing services. The judge ruled that the school district was required to

provide the services under IDEA as a “related service” (Cedar Rapids Independent School

District v. Garrett F., 526 U.S. 66 (1999). Jonathan requires constant care by a trained nurse. He

is profoundly mentally retarded, has spastic quadriplegia, and has a seizure disorder. Under

IDEA, the school district is required to provide related services to Jonathan so that he may

receive an appropriate education.

One court case that supports Principle Young is, McLaughlin v. Holt Public Schools. In this

case McLaughlin v. Holt Public Schools the Court found that a student could be served outside
Assignment #5

of the neighborhood school if another school in the district offered the program the student

needed (McLaughlin v. Holt Public Schools, 133 F.Supp.2d 994 (2001). In Jonathan’s case,

although the law has required schools to provide supplemental services in the regular classroom

before moving the child to a more restrictive environment, this does not mean that all students

are entitled to a placement in their neighborhood school (Underwood, Webb, 155).

Another court case that supports Principle Young is, Beth B. v. Clay. In this case the

student had a disability where she could not walk unassisted and communicated primarily by eye

gaze. She also had a cognitive ability ranging from a 1-year-old to a 6-year-old. The school

developed an IEP that placed her in a self-contained program. Her parents objected and the Court

stated, “ The school officials’ decision about how to best educate Beth is based on expertise that

we can not match” (Beth B. v. Clay, 126 F.Supp.2d 532(2000).

In conclusion, given principal Young’s experience and knowledge as a special education

teacher, I believe that her decision is defensible as long as the district follows the proper

requirements under IDEA and Jonathan is given an evaluation and IEP to determine if his

placement is best suited in the regular classroom setting or in a self-contained environment. Just

as in the case of McLaughlin v Holt Public School Beth’s severe disabilities required her to

attend a school that could accommodate her in a self-contained environment (McLaughlin v.

Holt Public Schools, 133 F.Supp.2d 994 (2001)

Assignment #5

References

Beth B. v. Clay, 126 F.Supp.2d 532 (2000).

Cedar Rapids Independent School District v. Garrett F., 526 U.S. 66 (1999).

McLaughlin v. Holt Public Schools, 133 F.Supp.2d 994 (2001).

Mills v. Board of Education of District of Columbia, 348 F.Supp. 866 (1972).

Underwood, J., & Webb, L. (2006). Teacher's Rights. In School Law for Teachers (p.155).

Upper Saddle River, New Jersey: Pearson Education