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Portfolio: Artifact 5

Kirstin N. Sanchez

College of Southern Nevada

Author Note

Kirstin N. Sanchez, student at College of Southern Nevada, online course EDU 210 with

Dr. Dale Warby.


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Abstract

One of the most affluently and progressive schools in the Southern region of the United

States has recently faced a lawsuit. The highly praised principal of the school, Debbie Young,

was having a discussion with the parents of Johnathan Doe trying to get their son to enroll in

their school. Johnathan has multiple disabilities including spastic quadriplegia, seizures, and is

mentally disabled. He requires constant care by a certified specially trained nurse. Principal

Debbie Young refused the parents proposal and denied their request to have their student

transferred into the school. After the parents received their refusal they filed a lawsuit against the

school refusing their disabled son.


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Portfolio: Artifact 5

The Court Case

One of the most affluently and progressive schools in the Southern region of the United

States has recently faced a lawsuit. The highly praised principal of the school, Debbie Young,

was having a discussion with the parents of Johnathan Doe trying to get their son to enroll in

their school. Johnathan has multiple disabilities including spastic quadriplegia, seizures, and is

mentally disabled. He requires constant care by a certified specially trained nurse. Principal

Debbie Young refused the parents proposal and denied their request to have their student

transferred into the school. After the parents received their refusal they filed a lawsuit against the

school refusing their disabled son.

The Principal

Debbie Young is facing an extremely hard decision on whether to enroll Johnathan or to deny his

request. Accepting Johnathan Doe into her school can be a large safety risk for the staff and the

students. The things he requires in order to safely attend school can be a large expense for both

the principal along with his parents. His medical needs require a professional nurse who is

specifically trained in his needs and how to treat them all. Whoever she hires can be blamed for

any injury, mishap, or additional harm that was on Johnathan Doe, along with the principal who

would be in charge of the aid ensuring they meet his needs.

Corresponding Cases. In the case of Endrew F. v. Douglas County School District RE-1,

the student in this case did not make any measurable progress in their special needs class. Along

with not working with their autism their behavioral problems got worse. Even if Debbie Young

tried her hardest to ensure Johnathan Doe received the best care possible, there are these

measures that can still happen and damage the school. In the case of Honig v. Doe, 484 U.S. 305
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(1988), the court decided that a student cannot be expelled for their behavior that is related to

their handicap. This can also damage the school especially with their teachers and students. If

this student were to act out aggressively with another student or their aid, someone can get hurt.

The child would not be accounted for with their actions and would not receive the proper

punishment for their actions.

The Parents

The parents do indeed have the right to have their child go to whatever school they please

reguardless of their childs needs. They have notified the school about their childs needs and the

requirements the school must provide for their child. Having a student with special needs in their

school will create a healthy invironment for Johnathan to interact with others his age without

disabilities. Having him in a normal classroom will also show his peers that there are people with

special needs and how to work with them in a classroom setting.

Corresponding Cases. In the case of Winkelman v. Parma City School District (No. 05-

983) (2007), the parents can represent their childs interests in cases regarding their special needs

and their education. Having parents be able to speak in court what would be best for their child

and their needs, this can pertain to what is best school for their children. With the same case of

Endrew F. v. Douglas County School District RE-1 parents saw their child was not receiving the

proper care and did not make any progress at the end of the school year. The parents of

Johnathan are entitled to the best care for their child and to receive the education he would need.
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References

Special Education Caselaw from U.S. Supreme Court, Courts of Appeals and Federal District
Courts - Wrightslaw.com. (n.d.). Retrieved October 11, 2016, from
http://www.wrightslaw.com/caselaw.htm
All cases are found on this website.