Education of Students with Disabilities 1

Education of Students with Disabilities

Kelsey Crouch
College of Southern Nevada
Education of Students with Disabilities 2

Introduction

Debbie Young, who once served as a special education teacher and an assistant principal

in a progressive, affluent school district in the Southern United States, was addressed by parents

of a severely autistic boy, Johnathan. Young was an experienced principal. The tenth-grade

student, Jonathan, has multiple disabilities requiring constant care by a specially trained

nurse. He is overwhelmingly mentally disabled and has spastic quadriplegia, including a seizure

disorder. Due to his extreme disabilities, Young denies the parents request and suggests that

another school would be able to better meet his needs.

Why was it not okay?

“Mills v. Board of Education of District of Columbia (1972) was one of two important

federal trial court rulings that helped to lay the foundation that eventually led to the passage of

Education for All Handicapped Children Act (EAHCA), a law that changed the face of American

education.” (Newnan) In Mills v. Board of Education, seven children between the ages of 8 and

16 with a variety of mental and behavioral disabilities brought suit against the District of

Columbia public schools, which had refused to enroll some students and expelled others, solely

on the basis of their disability. It was decided in the ruling in Mills that children with disabilities

had an equal right to public education offered in a form that was meaningful for them. Under the

EAHCA, Johnathan has a right to revive a fair education.

A family with a special needs child moved from Rhode Island from Georgia. Before

doing so, the father called ahead and asked the school what kind of special needs class they had

available. After two failed attempts of the school not meeting the needs of his son, the family put

their son in a private school and filed a case against the school district. In the ruling, the court
Education of Students with Disabilities 3

found that the school district had not done enough on their part to determine the child’s IPE or

had enough knowledge of the student that he couldn’t be place in a regular class room. (LT v.

Warwick) To follow procedures, Young should have better determined the needs of Johnathan

before just writing him off as better off at another school. If he was already attending another

school in the same school district, there should have been no problem changing.

Why was it okay?

The court case of Cedar Rapids Independent School District v. Garrett F. involved a

student who was a quadriplegic and required a ventilator after his spinal column was severed in a

motorcycle accident when he was four. During the school day he needed a personal attendant to

see to his health care needs, which included urinary catheterization, and observation for

respiratory distress. While he was in kindergarten through the fourth grade, his family provided

the personal attendant. When he was in the fifth grade, his mother asked that the school board

supply the needed nursing services. The board refused to do so. The Supreme Court concluded

that the only services that could be provided are those determined by his IDEA and everything

else should be cover by the family. If Johnathan didn’t have certain things in his IDEA then the

school had reasonable right to deny him as a student because of the expensive constant care by a

specially trained nurse.

In the case of Dale M. v. Board of Education of Bradley Bourbonnais, the student had a

disciplinary problem and was placed in jail. After he was released the parents placed him in a

residential placement and sought reimbursement alleging that on a residential placement was

appropriate for his situation. The court ruled that it was not educational necessary and sided with

the school. Why did the parents of Johnathan want to switch schools if there was no apparent
Education of Students with Disabilities 4

problem in the first place? If there was no problem, Young, could have denied the transfer

because the move would not be to better his education.

Conclusion

With the information provided, I believe that Young should have reviewed the situation

with Johnathan a little more carefully. There are plenty of cases in the School Law for Teachers

(Underwood) including Mills v. Board of Education of District of Columbia and LT v. Warwick

that explain that it is necessary to pay for the things which are necessary for the student to learn.

I also think it depends on whether the last school he was attending was paying for his expenses.

From the information provided, it sounds like they were, therefore if the expenses were

approved, I believe Young should have allowed him in her school.

Education of Students with Disabilities 5

References

Dale M. v Board of Educ. of BradleyBOURBONNAIS HS DISTRICT NO 307 FindLaw's .

. United States Seventh Circuit case and opinions. (n.d.). Retrieved February 26, 2016, .

. from http://caselaw.findlaw.com/us-7th-circuit/1363362.html

Dale M. v Board of Educ. of BradleyBOURBONNAIS HS DISTRICT NO 307 FindLaw's

. United States Seventh Circuit case and opinions. (n.d.). Retrieved February 26, 2016,

. from http://caselaw.findlaw.com/us-7th-circuit/1363362.html

LT v. Warwick FindLaw's United States First Circuit case and opinions. (n.d.). Retrieved .

. February 26, 2016, from http://caselaw.findlaw.com/us-1st-circuit/1241530.html

Newman, J. L. (n.d.). Mills v. Board of Education of the District of Columbia. Retrieved

. February 26, 2016, from http://usedulaw.com/438-mills-v-board-of-education-of-the-. .

. district-of-columbia.html

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

. Upper Saddle River, NJ: Pearson/Merrill Prentice Hall.