When a Student’s

Rights are Wronged

Kendrea Lopes Clark
Lindsey Cooper
Penny Gertsch
Julianne Stmary

Grand Canyon University – Education Law – EAD 505

 • Prohibits discrimination based on
disability by programs which receive
federal funding (i.e. public schools,
universities)
What is the • Established the Office of Special
Rehabilitation Education and Rehabilitative Services
(OSERS)
Act of 1973? • Ensures people with disabilities have
equal access to education, employment,
and any other opportunity
 • Individuals with Disabilities Education
Act
• Makes Free and Public Education (FAPE)
available to all children with disabilities
(1975. Public Law 94-142)

IDEA • Special education services are guaranteed

to all children who need it
• Amendments since 1975 have led to
emphasis on access to general education
curriculum (History of the IDEA 2018)
 A. "General Provisions"
• Includes the purpose and the definitions used
throughout.  
B.  "Assistance for all children with disabilities"
• Includes provisions and grants and promises to
provide services for children up to the ages of

IDEA
21. 
C.  "Infants and Toddlers with disabilities"
• Assists states in providing early intervention from
birth to age 2.  

Statute  D.  "National Activities to Improve Education of

Children with Disabilities"
• Includes provisions to support state personnel
development, technical assistance, technology
and parent training.   
  
Statute and Regulations - Individuals with Disabilities Educati
on Act
 • Also called the Vocational

What is
Rehabilitation Act
• Under Section 504, a disability is

Section 504? defined as a physical or mental

impairment affecting the body
system
• Must limit a major life activity 

(Students with Disabilities and Section 504 of the Rehabilitation Act of 1973 2019)
IDEA in action – Case Analysis
 • Miguel Hernandez, star quarterback, injured during a
football game and was paralyzed from the waist down
• Upon his return to school, the only accommodation
Miguel needed was to have wheelchair accessibility
• Miguel’s schedule was unknowingly changed, in
which a biology class he needed for college was taken

Summary off his schedule and substituted for a

noncollege equivalent biology class
• The biology lab is not wheelchair accessible, so he
was put in another science classroom that is not 
• Mr. and Mrs. Hernandez retained a lawyer because
they believe Miguel's rights were violated according
to Section 504 of the Rehabilitation Act of 1973
 Issues:
• Miguel must take his biology class for college credit
• His rights that are granted by Section 504 of the
Rehabilitation Act of 1973 are not being honored by
Nottingham High School

Issues  • He needs wheelchair accessibility to the class or an

alternate way to gain access to the class and curriculum

and Stakeholders:
•
•
Miguel Hernandez
Mr. and Mrs. Hernandez

Stakeholders •
•
Mrs. Guzman
Dr. Harvey
• Howard Kerry
• Nottingham High School Principal
• Nottingham High School Biology teacher
 Possible Solutions:
How
What can • Make the biology class wheelchair accessible,
in the meantime move the whole classroom to

this problem What solutions do you

a wheelchair-accessible classroom. 

would
be solved?
• Allow Miguel to do his work for the same
suggest? 
class in an alternative setting 
• Keep the schedule change created by Mrs.
Which solution would
you do?  you choose to fix the
Guzman
• Allow Miguel to join class virtually, through
an online program such as Skype or TEAMS.
issue? 
 Final Proposed Solution:
Move the entire class to a wheelchair
accessible classroom until the biology
classroom can become a wheelchair
Proposed accessible classroom.

Solution Now that we have a

proposed solution, what
are the next steps the
principal and team need to
 Action Steps to Take:
1. Meet with all stakeholders immediately
2. Suggest the solution that the class be
moved to an accessible classroom until
other arrangements can be made with
the biology classroom

Take Action 3. Begin the process of getting bids to

make the entire school building ADA
compliant
4. Make sure the Hernandez family and
their attorney agree with this solution
5. Write, sign, and immediately begin
implementing the plan
 Nashville, TN
• TNSTEP
• Project Therapeutic Recreation in Public Schools
(TRiPS)
Robertson County, TN
• Family Resource Center
Community • Centerstone Behavioral Services

Resources Yakima, WA 

• Children's Village 
• Central Washington Behavioral Health 

St. Louis, MO
• Council for Exceptional Children
• Paraquad
 References
34 CFR § 104.4 - Discrimination prohibited. (2019). LII / Legal Information Institute. https://www.law.cornell.edu/cfr/text/34/104.4

Essex, N. L. (2015). School law and the public schools: A practical guide for education leaders (6th ed.). Upper Saddle River, NJ: Pearson. 

FindLaw’s United States Supreme Court case and opinions. (n.d.). Findlaw.
https://caselaw.findlaw.com/summary/opinion/us-supreme-court/2017/02/22/278663.html 

History of the IDEA. IDEA: Individuals with Disabilities Education Act. (2018). Retrieved October 23, 2022, from
https://sites.ed.gov/idea/about-idea/ 

Lee, A. (n.d.). What’s Covered Under FAPE | Free Appropriate Public Education. Www.understood.org. 

https://www.understood.org/en/articles/what-is-and-isnt-covered-under-fape

PACER Center, Inc. (2019). Students with Disabilities and Section 504 of the Rehabilitation Act of 1973. Pacer.org. Retrieved 2022, from
https://www.pacer.org/parent/php/PHP-c33.pdf 

U.S. Department of Education. (2017). Individuals with Disabilities Education Act. Individuals with Disabilities Education Act. Retrieved October
23, 2022, from  https://sites.ed.gov/idea/statuteregulations/
‌
 Rationale

Supports the school’s vision and mission and safeguards the values of democracy, equity, and diversity.
To protect the rights of all the stakeholders involved in this situation, and to avoid any legal ramifications, the principal at Nottingham High School must figure
out a way to honor the solution that best fits this scenario. To support the school’s vision and mission and safeguard the values of democracy, equity, and diversity, as a
group we feel if any of us were the principal of Nottingham High School we would implement the strategy that focuses on making Miguel’s current classroom
wheelchair accessible and allowing Miguel to be given the same free public education as anyone else in the school.  While the biology class is getting prepared to
become wheelchair accessible, we would move the whole biology class to a wheelchair-accessible room.  The movement of the whole class may seem drastic, but
Miguel has already been through a lot, and we would like to support the classroom setting he is comfortable with. Since he is paralyzed and cannot play football, we
are assuming he is dealing with a bit of depression. As Miguel’s principal, we want to keep the relationships he has established the same and not change how he is
treated among peers and staff. And to ensure that Miguel's needs are being met physically, mentally and emotionally. So, he can have a well-rounded experience in
his school environment. The reason we feel this is the best strategy for everyone involved is that all rights are protected, and all laws are being met which includes,
“Section 104 of Title 34 Education; subtitle B; Regulations of the Offices of the Department of Education; chapter one—this law provides protection for qualified
handicapped persons. It states they cannot be excluded from programs or activities that receive federal assistance. Schools receive federal assistance; therefore, the
school must provide this class to Miguel (34 CFR § 104.4 - Discrimination Prohibited., 2019).” This law protects the choice of the principal and ensures Miguel is
getting the education he deserves. 

Promotes social justice and ensures that individual student needs inform all aspects of schooling.
Our choice of revamping the biology class to accommodate Miguel’s wheelchair promotes social justice and ensures that individuals need to inform all aspects
of schooling because of the law Mr. Hernandez's lawyer speaks of, which is Section 504 Rehabilitation Act of 1973. According to School Law and the Public School,
pg.308, “Students who qualify under 504 are provided an Individual Accommodation Plan (IAP). The IAP identifies a student’s disability and his/her access to the
school’s regular education program. The school’s regular program should be accessible to the student to the greatest degree possible.” (Essex, 2015). The wheelchair
should not impact his college prep biology class and making the classroom wheelchair accessible promotes social justice at Nottingham High School. In addition, the
principal should investigate grants or extra funding to update the whole school to be wheelchair accessible.
 Rationale cont...

Promotes collaboration, trust, learning, and high expectations.

The principal’s decision of moving the whole biology class to a wheelchair-accessible classroom while he or she updates Miguel’s biology room to support
Miguel’s 504 plan, promotes collaboration, trust, learning, and high expectations at Nottingham High School. The update will ask for collaboration from fellow
teachers and Miguel’s parents. In addition, the remodeling of the classroom will establish trust among families who have students with special needs. Furthermore,
Miguel and his classmates’ learning will continue without missing a day of instruction. Also, Nottingham High School will continue to hold students and staff to high
expectations by creating a classroom environment that will accommodate others for years to come. Lastly, as a group, we feel our choice of how to solve Hernandez’s
issue protects the rights of the stakeholders involved and will promote a safe learning environment for Miguel. Ultimately, Miguel deserves a fair education and to be
treated with the same opportunity as all the students at Nottingham High School.