Special education

Special Education
Christina C. Martinez
College of Southern Nevada

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Abstract

We tend to forget that not all students are the same. There is no doubt they all attend school for a
common reason. Though we must always try to remember that they are all each individuals.
Students have needs that range and differ in many forms. It is not always just about the school. It
is about coming together with peers, developing ones self, and creating lasting relationships.
Sometimes we have students with greater needs than others. Our responsibility as educators is to
make sure that each one of our students are in a proper environment, filled with all the useful
tools to fulfill those needs. It may require us to personally seek proper training, provide
additional supervision and medical assistance. A student may or may not desire to learn but
regardless it is our duty as teachers to make the greatest attempt to guide. But what if we are
handed a need we cannot fulfill. When do we draw the line and say we cannot provide a proper
educational environment for a student.

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Special Education

Debbie Young drew the line. A high school principal and a former teacher who was well
knowledgeable in the special education field simply refused. Jonathan who was a 10th grade
student required special care. Jonathan had a multitude of disabilities that required much more
than Ms. Young felt her school could possibly afford and fulfill. She did not see her school as the
appropriate arrangement suitable for Jonathan. As the leader in her field did she fulfill her
educational obligation to her student?
Students Constitutional Rights
By law every school-age child regardless of abilities is entitled to an education. An
education must be made accessible to all children. The rights of students with disabilities touches
a very delicate area. Because of the growing need to protect students with disabilities over time
federal laws have been specially constructed to improve their rights. The Free Appropriate Public
Education states that all qualified persons with disabilities within the jurisdiction of a school
district are entitles to a free appropriate public education. (p.152). The IDEA funding law
amended under the Education of the Handicapped Act requires that all needs of children with
disabilities are to be addressed. Under the IDEA the state is required to identify all children with
disabilities. The school districts responsibility is to evaluate who resides in the given service
area. (p. 147-148) Children with disabilities are entitled to an education with the LRE, Least
Restrictive Environment. This allows students with disabilities a chance to obtain an educations
amongst their peers who are not with disabilities with in public or private institutes.
Arguments in Support Plaintiff
Sacramento Unified School District v Holland was a huge case that made a major impact
on the rights of students with disabilities. Rachel have moderate intellectual disabilities yet was

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denied access to the general education. The school districted deemed her disabilities to be too
severe to benefit from placement with in the general education class. Because of Rachel the
circuit court adopted four factor rules to determine appropriate placements for students. These
four factors consist of educational benefits, interaction with students, the effect of the students
presence, and the cost.
Timothy v Rochester New Hampshire School District is another important key case.
Timothy was born with health issues due to being born prematurely. He suffered many health
related issues. He is considered a multiply handicapped student. Because of the extensive
complexity of his disabilities his mother was denied educational services. Under the Education
for All Handicapped Children Act the district failed in requiring a benefit/eligibility test. The Act
mandates that all handicapped children, regardless of severity are entitled to a public education.
(Web)
Arguments in Opposition Plaintiff
In the Cedar Rapids v Garret F., Garret is a young man who was injured in a motorcycle
accident. The only aliment he suffers from is from be paralyzed from the neck down. He is
mentally sound and is able to speak and control his own wheelchair. Because he is ventilator
dependent and requires some physical needs met the District denied his mothers request for
financial responsibility to be the sole responsibility of the school district. The Administrative
Law Judge ruled in favor of Garrett stating that the IDEA required the District to bear financial
responsibility for all of the services in dispute, including ongoing nursing services for the
student. (Web)
Hendrick, Hudson v Rowley is a case connected with a student who has a handicap. Amy
Rowley is a deaf student in New York. She was only in Kindergarten. During a trial to determine

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if Amy should remain in Kindergarten class. It was determined that she would remain in class yet
her family was requesting other services. Their request was denied due to the fact the court found
that Amy was achieving educationally, academically, and socially. She did not need assistance.
The petitioner failed to comply with required procedures of the Act, regardless Amy was
progressing just fine. (Web)
Conclusion
This ruling was a little hard but I sided with the defendant. Debbie Young had been
working with in the special education for a very long time. She was well aware of the needs of
students and all knew her limits and ability in her classroom. She knew what impact having a
special needs would take on her class and made the choice she felt was beneficial for both the
student and the class. She applied all four factors accordingly, educational benefits, interaction
with students, the effect of the students presence, and the cost.

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References

PDF (1989). Timothy W. v. RochesterN.IL School DlisMict. Retrieved from

http://www.myschoolpsychology.com/wp-content/uploads/2014/04/TimothyW-vs-Rochesterappeal-1989.pdf
Cornell University Law School (2015). Cedar Rapids Community School V. Garret F. Retrieved
from https://www.law.cornell.edu/supct/html/96-1793.ZO.html
Wright (1998-2015). Board of Education of the Hendrick Hundson Central School District,
Westchester County, V Amy Rowley. Retrieved From
http://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm
Leagle (2014) Bd. Of Educ., Sacramento City School D. V. Holland. Retrieved from
http://www.leagle.com/decision/19921660786FSupp874_11558.xml/BD.%20OF%20EDUC.,
%20SACRAMENTO%20CITY%20SCHOOL%20D.%20v.%20HOLLAND
Cambron-McCabe, McCarthy, Eckes, S.(2014) Legal Rights of Teachers and Students.United
States: Pearson Education, Inc., pages 147, 148, 152