ARTIFACT #5: DISCRIMINATION IN SCHOOL ENVIRONMENT

Artifact #5
Discrimination in School Environment
Angelina Tang
College of Southern Nevada
November 19, 2016

ARTIFACT #5: DISCRIMINATION IN SCHOOL ENVIRONMENT

Debbie Young is a High School principal, who was a Special Education Teacher and an
assistant principal at a progressive affluent school district in the south. The parents of a severely
disabled 10th grade student approached her. They wanted their son Jonathan to attend one of the
schools in that district. Jonathan suffers from multiple disabilities, which require constant
assistant from a specially trained nurse. His disabilities include, being mentally disabled, spastic
quadriplegia, and a seizure disorder. With the expenses it would cost and with Young thinking
that the school setting is not the best place for Jonathan, she refused his parents request.
The first case that is going to be presented in favor of Ms. Young is, Cigan v. Chippewa
Falls School District (2004). In this case, Ms. Cigan had been a physical education teacher for
quite some time. Over the years she started to become ill with several disabilities, and unable to
fulfill her duties. She began asking others to cover some of her shifts, and was also coming in
late. She was forced into retirement and was with no disability benefits because there was no
proof that her life activities were impaired. In the case of Ms. Young, seeing that Jonathan
requires so much help from a trained nurse, and is not in the conditions to be in a classroom
setting, refuses the request. No proper documentation is presented to her other than what she
physically sees. Our text states the law does not require employers to modify the essential
functions of a position or to lower or substantially modify their school district standards to
accommodate a person with a disability (Underwood, 195).
The second case being presented is Board of Education v. Rowley (1982). In this case, the
Board of Education did everything they could in order to help Amy Rowley, a deaf student in
their school district. They arranged meetings with her parents (and an interpreter since they were
also deaf), had a plan ready and accommodations made for her to join a normal kindergarten
class. When the trial was over it had shown that she had blossomed into a very well developed

ARTIFACT #5: DISCRIMINATION IN SCHOOL ENVIRONMENT

kindergartner. The extra resources were no longer needed. In the case of Jonathan, his parents are
coming to Ms. Young because she is part of a wealthy school district who can support Jonathans
needs. However, Jonathan has multiple severe disabilities that require more than the district can
provide and accommodate. The constant care by his nurse would be of great distraction to others
and the costs to accommodate all his needs would be more than they can do.
The first case being presented against Ms. Youngs decision is, Mills v. Board of
Education of the District of Columbia (1972). In this case 7 children were denied admission to
both, public education with supportive services and special education classes. The Board of
Education has the responsibility of administering that system in accordance with law and of
providing such publicly supported education to all of the children of the District, including these
"exceptional" children (Mills v. Board of Education of the District of Columbia, 1972). Just like
those 7 children have the right to public education, so does Jonathan. Under the Americans with
Disabilities Act (ADA), it prohibits any sort of discrimination against individuals with
disabilities in all sorts of life (Underwood, 193). Because he is severely disabled, it does not
mean that Ms. Young gets to make the ultimate decision in not allowing for his admission to a
school in her district. Her view that the school setting is not the most appropriate placement for
Jonathan is discrimination in itself.
The second case being presented against Ms. Young is School Board of Nassau v. Airline
(1987). In this case a teacher was disabled due to a history of tuberculosis. Under Section 504 of
the Rehabilitation Act of 1973 no, "otherwise qualified handicapped individual," shall, solely by
reason of his handicap, be excluded from participation in any program receiving federal financial
assistance (School Board of Nassau v. Airline, 1987). Because Jonathan is severely disabled and
really able to perform his daily activities like a normal 10th grade student would does not mean

ARTIFACT #5: DISCRIMINATION IN SCHOOL ENVIRONMENT

he should be stopped from finishing his education. He is under the care of his nurse so the school
has nothing to worry about with that. The school should focus on how they can help with regards
to his education. What supportive services can they apply to his plan, etc.
After reviewing both sides of the scenario, Ms. Youngs decision is not defensible under
Mills v. Board of Education of the District of Columbia (1972) and School Board of Nassau
County v. Airline (1987). ADA strongly states that no individual with a disability should be
discriminated against no matter what. By refusing the request of Jonathans parents to have him
attend a school in her district, that is only the start of the discrimination. The extraordinary
expenses should be the least of Ms. Youngs worries, since she does work for a wealthy school
district, which should be financially able to support Jonathans needs.

ARTIFACT #5: DISCRIMINATION IN SCHOOL ENVIRONMENT

References
Board of Education v. Rowley (1982). No. 80-1002. June 28, 1982. Retrieved November 17,
2016. http://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm
Cigan v. Chippewa Falls School District. (2004). No. 03-4034. November 5, 2004. Retrieved
November 19, 2016. http://caselaw.findlaw.com/us-7th-circuit/1458890.html
Mills v. Board of Education of the District of Columbia (1972). 348 F. Supp. 866. August 1,
1972. Retrieved November 17, 2016.
http://www.leagle.com/decision/19721214348FSupp866_11090.xml/MILLS%20v.
%20BOARD%20OF%20EDUCATION%20OF%20DISTRICT%20OF%20COLUMBIA#
School Board of Nassau County v. Airline. (1987). 480 U.S. 273. March 3, 1987. Retrieved
November 19, 2016. https://supreme.justia.com/cases/federal/us/480/273/case.html
Underwood, J. & Webb, L. (2006). Negligence and Defamation in the School Setting. School
Law for Teachers: Concepts and Applications. Upper Saddle River, New Jersey. Pearson
Education, Inc.