Professional Documents
Culture Documents
Portfolio Assignment 5
Portfolio Assignment 5
Artifact 6
Portfolio Assignment 5
Bethany Sell
Edu 210-4001
A seasoned principle, Debbie Young, with background as a special education teacher was
approached by the parents of Jonathan, a severely disabled tenth-grader who requires the
constant care of a specially trained nurse. The parents asked that Jonathan be placed into one of
the schools in the district. Principle Young refuses because of the extraordinary cost and because
she feels that the school is not the right place for him.
If Jonathan’s parents wanted to press the issue or peruse legal action against Ms. Young,
then they would have the case of Cedar Rapids Community School District v Garret (1999) on
their side. In this case, a ventilator dependant and wheelchair- bound student required the aid of a
responsible individual to help care for his physical needs to be present at all times during the
school day. The school declined to provide for his needs and the case was eventually brought
before the Supreme Court, which held “The "related services" definition broadly encompasses
those supportive services that "may be required to assist a child with a disability to benefit from
special education," §1401(a)(17)” (Cedar Rapids Comm. Sch. Dist. v Garret 1999). This applies
to the parents of Jonathan because even though he is severely disabled, the school, in congruence
with the ruling of the Cedar Rapids Comm. Sch. Dist v Garret case, and in accordance with the
IDEA the school district must provide what is necessary for their child to be able to learn to the
Another case that supports Jonathan and his parents would be Florence County School
District Four v Carter (1993). In this case the parents of a learning disabled student did not agree
with the IEP created for their child and asked for a hearing to discuss if it was appropriate, in the
meantime they enrolled their child in a private school. After the educational authorities found
that it was appropriate, they filed suit claiming that the school had not fulfilled it’s duty under
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IDEA and asking for reimbursement for the charges they had incurred from placing their child in
private school while the matter was sorted. The court ruled in the parent’s favor finding that “ It
would be inconsistent with the Act's goals to forbid parents from educating their child at a school
that provides an appropriate education simply because that school lacks the stamp of approval of
the same public school system that failed to meet the child's needs in the first place.” (Florence
County Sch. Dist. Four v Carter (1993). This relates to the situation with Jonathan because if his
parents and the school cannot agree on an appropriate IEP for Jonathan, then his parents could
put him in a private school that better suits his needs until a plan is agreed on. In addition, they
would not be unreasonable to expect the school district to pay for his instruction given in private
However, in favor of Principle Young is the case of Irving Independent School District v.
Tatro (1979). In such case an eight year old student with spina bifida required a CIC to be
administered every 3-4 hours to prevent kidney infection. Although the school made an IED, it
did not make provisions for school workers to give her CIC treatment, and her parents filed suit.
In this case if was found that “That court concluded that CIC was not a "related service" under
the Education of the Handicapped Act because it did not serve a need arising from the effort to
educate” (Irving v. Tatro 1979). This case relates to the given scenario because Jonathan may
require a good many things that are not “related service” that Principle Young’s school simply
wouldn't be able to provide to him. Knowing this, Principle Young would have been correct in
Another case in favor of principle Young is that of the Hendrick Hudson Central School
District Board of Education v. Rowley (1982). In this case the parents of a deaf student asked
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that a sign language proficient interpreter accompany her to class.Despite the school having
already provided the student with a hearing aid and extra instruction, the parents filed suit
claiming that that their child was not receiving as good an education as she would have had she
not been disabled. The court found that “The Act does not require a State to maximize the
potential of each handicapped child commensurate with the opportunity provided
non-handicapped children.” (Hendrick Hudson Central Sch. Dist. Bd. of Ed. v Rowley 1982).
This case is relevant because, like the child in Rowley, even if Jonathan was admitted to
Principle Young’s school, he may not be given all he can to reach his full potential. The school is
I think Principle Young’s decision is defensible because, in accordance with Irving
Independent School District v. Tatro (1979), the school is not required to offer services that
aren’t related to an effort to educate. Also, in accordance with Hendrick Hudson Central Sch.
Dist. Bd. of Ed. v Rowley 1982, the school is not required to help Jonathan reach his full
potential, especially if it puts an undue (financial) burden onto the school. Although the legal
rights of Jonathan and his family are important, the most important thing to consider in this case
is what is best for Jonathan. Principle Young has a background in Special Education and is the
principle of her school, so she should know what her school is and is not capable of providing
Jonathan. It was noted in the scenario that Jonathan’s parents were looking to put him into a
school in Principle Young’s district, not specifically Principle Young’s school. If there is a
public school in the district that can suit Jonathan’s needs then they should have him attend
there, if not then they should start looking into vouchers for private schools. Forcing a school to
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take on a student that they are not capable of properly sustaining the needs of would place a huge
and unneeded strain on the school and be greatly unfair to Jonathan.
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References
BOARD OF EDUCATION OF the HENDRICK HUDSON CENTRAL SCHOOL DISTRICT
BD. OF ED., WESTCHESTER COUNTY, et al., Petitioners v. Amy ROWLEY, by her parents
and natural guardians, Clifford and Nancy Rowley etc.
https://www.law.cornell.edu/supremecourt/text/458/176
CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT v. GARRET F., a minor, by his mother
and next friend, CHARLENE F., (1999) No. 96-1793
http://caselaw.findlaw.com/us-supreme-court/526/66.html
Cambron-McCabe, N. H., McCarthy, M. M., & Eckes, S. (2014). Legal rights of teachers and
students. Upper Saddle River, NJ: Pearson.