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Portfolio Artifact #5

Education of Students with Disabilities

Madison Evans

Edu 210

Dr. Dale B. Warby

10/8/18
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Debbie Young denied the admission of a severely disabled student to her district. The

student required constant care from a specialized nurse, is mentally disabled, has spastic

quadriplegia, and has a seizure disorder. She denied the request because the cost was very high,

and she also believed that a school is not the best environment for the student. The court cases

that support Young’s decision are School Committee of the Town of Burlington v.

Massachusetts Department of Education and Mills v. Board of Education of the District of

Columbia. The court cases that do not support her side are Cedar Rapids Community School

Dist. v. Garret F (1999) and Timothy W. v. Rochester, New Hampshire School District.

In the School Committee of the Town of Burlington v. Massachusetts Department of

Education case, the supreme court ruled that parents could be reimbursed for the cost of a private

school for their special needs student. This occurs when a public school gives inadequate

services to a special needs student (FindLaw). It may be cheaper for the district to pay for

Johnathon’s private school that is already equipped to service him, rather than send him to a

public school.

In the Mills v. Board of Education of the District of Columbia case, the court decided that

a child cannot be denied education because of a disability (Justia). After this decision, IDEA

emerged. This requires that all schools that are receiving public funding must accept disabled

students. IDEA also requires that students have an IEP, that must be implemented in the least

restrictive environment. A classroom might not be the least restrictive environment for

Johnathon.

In the Cedar Rapids Community School Dist. v. Garret F (1999) case, a quadriplegic

student needed a nurse at the school. The court stated that a nursing service is classified as a
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related service, which is required under IDEA (Cornell University Law School). The principal

would be required to admit Johnathon even if he needed a nurses service.

In the Timothy W. v. Rochester, New Hampshire, School District case, the Supreme

Court ruled that the Education for All Handicapped Children Act requires that schools give the

highest priority to severely disabled students. Even if the school does not have adequate funding,

the school must give disabled students adequate equipment and aid, and then leftover funding

would go towards the rest of the students (Justia). The principal would therefore be required to

admit the student even if there is insufficient funding.

The court will most likely rule in favor of the parents. The Timothy W. v. Rochester,

New Hampshire, School District case says that funding most go towards the student first. Also,

under the IDEA act, the school is required to give the student whatever is necessary to benefit

from the education. The Cedar Rapids Community School Dist. v. Garret F (1999) case decided

that a nurse is a related service under the IDEA act.


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Resources

Cornell University Law School. (1999, March 03). CEDAR RAPIDS COMMUNITY SCHOOL

DIST. V.GARRET F. Retrieved October 6, 2018, from

https://www.law.cornell.edu/supct/html/96-1793.ZO.html

FindLaw. (n.d.). FindLaw's United States Supreme Court case and opinions. Retrieved October

6, 2018, from https://caselaw.findlaw.com/us-supreme-court/471/359.html

Justia. (n.d.). Mills v. Board of Education of District of Columbia, 348 F. Supp. 866 (D.D.C.

1972). Retrieved October 6, 2018, from https://law.justia.com/cases/federal/district-

courts/FSupp/348/866/2010674/

Justia. (n.d.). Timothy W., Etc., Plaintiff, Appellant, v. Rochester, New Hampshire, School

District, Defendant, Appellee, 875 F.2d 954 (1st Cir. 1989). Retrieved October 6, 2018,

from https://law.justia.com/cases/federal/appellate-courts/F2/875/954/179023/