Running head: EDUCATION RIGHTS OF STUDENTS WITH DISABILITIES 1

Education Rights of Students with Disabilities

Tania Sanchez

College of Southern Nevada

November 24, 2019

EDUCATION RIGHTS OF STUDENTS WITH DISABILITIES 2

Education Rights of Students with Disabilities

The parents of Jonathan, a special education tenth grade student with multiple disabilities

approach principal Debbie Young for special education. However, Debbie Young although she

was previously a special education teacher denies them the services for Jonathan because it

would cost too much money. Jonathan has multiple disabilities such as spastic quadriplegia and

seizure disorder which requires constant attention and the school, they want to place Jonathan

according to principal Young is not the most appropriate because they lack the funds.

The first case that the parents of Jonathan can use against principal Debbie Young is the

case of Cedar Rapids Independent School District v. Garrett F. Schools under law are required

to provide free and appropriate education and in this case the school was not providing free and

appropriate education because they were not providing one of the services the student with

special services needed. Like Jonathan, the student involved in the Cedar Independent School

District v. Garrett F. court case had quadriplegia and required one-on-one nursing services

(Underwood and Webb, 2006 p.154). Initially, the parents were the ones paying for the services,

but it was later discovered the school was supposed to responsible for providing such services for

the student. Debbie Young not only denied the student free and appropriate education, but at the

same time she was denying the related services under IDEA thus she violated the rights of

Jonathan that can result in consequences for the school that employs Debbie Young.

On the other hand, another court case that Jonathan’s parents can use against principal

Debbie Young is the case of Jarron Draper v. Atlanta Independent School System. When schools

fail to provide for the appropriate education for students with special needs they must pay for the

expenses at a private institution. And this is what happened in the case of Jarron Draper v.

Atlanta Independent School System, Draper had not received the appropriate education and
EDUCATION RIGHTS OF STUDENTS WITH DISABILITIES 3

because of lack of education he was falling behind in his reading. He was reading at a third-grade

level when he was in eleventh grade. Because he had fallen behind, he was then awarded tuition

in a private school for a total of years and additional compensation. This case can be used against

principal Debbie Young because she denied education for Jonathan without following any form

of procedures. When principal Debbie Young turned down, she was in violation of IDEA, the

principle that she violated was principle number one which is the “The right to a free and

appropriate education,” (Underwood and Webb, 2006 p.143) in charges against her school.

On the contrary, one court case that principal Debbie Young can use to defend her

position from denying Jonathan special education is the case of Board of Education of Hendrick

Hudson Central School District v. Rowley. In this case, the student had already been receiving

special education including an FM hearing aid, instruction from a tutor, and special instruction

from a speech therapist. However, Rowley’s parent wanted an additional sign language

interpreter, but the school denied paying for the additional help because “The School did not

have to provide the best education, but one reasonably calculated to confer educational benefits,”

(Underwood and Webb, 2006 p.144). This case can be useful in defending principal’s Young

position because schools can deny services to special education students.

Lastly, another case that principal Debbie Young to defend her position is the case of

David and Bonnie Cavanaugh v. Cardinal Local School District. In this court case it was the

determined that the parents of a child receiving special education are not capable of pursuing pro

se on behalf of their child. This means parents could to represent themselves in front of a court in

case they would want to pursue a case against the school. It is stated that “Parents have no

substantive claim of their own to a free appropriate public education,” under IDEA. Though, a
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child has the right to pursue free and appropriate education the parents are not capable of doing

for their son.

In conclusion, based on the court cases of Cedar Rapids Independent School District v.

Garrett F. and Jarron Draper v. Atlanta Independent School System, and the text principal’s

Debbie Young decision is not defensible. Under IDEA all students no matter what disability

must receive free and appropriate education. In the court case involving Garret F. he was not

receiving the appropriate education since he was not being provided with the services necessary

for his disability. Hence, principal Debbie Young by denying Jonathan education because of his

condition is a violation of his rights as a student with specials needs. On the other hand, the case

Jarron Draper another case that can determines the Young’s position is not defensible. Because

Young denied education for Jonathan at the current school, the school would potentially have to

pay for Jonathan’s education in another location. Like the authors mentioned in the text,

principal Young violated a big component of IDEA which is “The right to a free and appropriate

education,” (Underwood and Webb, 2006 p.143). Thus, entailing Jonathan to a hearing to create

a position where he can create a case that will guarantee him free and appropriate education with

services that will accommodate his specials needs.

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References

Board of Education of Hendrick Hudson Central School District v. Rowley 458 U.S. 175 (1982).

https://www.oyez.org/cases/1981/80-1002

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

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

David and Bonnie Cavanaugh v. Cardinal Local School District (2005)

https://caselaw.findlaw.com/us-6th-circuit/1343778.html

Jarron Draper v. Atlanta Independent School System (2008).

https://www.wrightslaw.com/law/caselaw/08/11th.jdraper.atlanta.htm

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

Upper Saddle River, N.J.: Pearson/Merrill Prentice Hall.