Running Head: DISABILITIES IN SCHOOLS

Disabilities in Schools
Sandra Lopez
College of Southern Nevada

Prepared for: Education 210, Professor Herington, Fall 2014

DISABILITIES IN SCHOOLS

Abstract
The parents of Jonathan approached Debbie Young a former
special education teacher, former assistant principal, and current high
school principal. Jonathan is a young man who suffers from a variety of
different disabilities and his parents want him to integrate into the
school where Debbie Young serves as the principal. Jonathan needs
constant care by a trained professional and or nurse. Jonathans
disabilities include him being mentally disabled, him having spastic,
quadriplegia, and a seizure disorder. Debbie Young however refused to
having him in the classroom because she said that his disabilities are
to severe for him to benefit from a proper education and the costs of
having him in the school would be very high for her school. Through
these statements and other information it will be possible to determine
and conclude if Jonathan and his parents would win a case between
them and Debbie Young or if Debbie Young would win the case.

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Debbie Young is educated and experienced with the subject of

special education and how schools work. She too has worked herself up
to the position of principal. When the parents of Jonathan, who want to
integrate him into the high school that Debbie Young is principal at,
approach her she refuses them. Young says that her school in not the
best or ideal place for Jonathan and that the economic expenses of
having him at the school are too much and also not ideal. Debbie
Young again is experienced in the matter of dealing with special
education subjects in a classroom. Her case relates to that of Timothy
v. Rochester. In this case Timothy is also a student with major
disabilities and was too denied access to his school because the
education provided for him wouldnt benefit him. The court decided
that he was to be given the right of EACHA (the education for all
handicapped children act) and the New Hampshire Law that provided
him not to be denied the right of an education and that before he were
to be denied, Timothy would have to be evaluated and it had to be
determined whether or not he would benefit from a proper education
or not. The court ruled that he would not benefit from a proper
education and rather needed more of a special care for his wellbeing.
Debbie Young could argue that she does have previous experiences
with matters like these and that she is only looking at what is best for

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Jonathan. That his disabilities are to severe and that it would be

pointless to have him earning an education on a high cost if he is
getting no actual benefit from it. Through this argument she could
potentially win the case.
The counter argument however is on behalf of Jonathans parents
who are seeking the best for their child. They are being denied without
proper due process and a proper determination made by a professional
whether or not Jonathan could be integrated into Debbie Youngs
school. Jonathan and his case easily relates to that of the Cedar Rapids
v. Garret case and the Unified School Dist. v. Holland case. In the Cedar
Rapids v. Garret case it relates to Jonathans because a student with
severe spinal column, paralyzed from the neck down, was told that his
disabilities were too severe for him to stat at school and the he needed
full-time nursing care(156) and that, that would be too costly. The
courts ruled in his favor saying that he was able to stay in school
because any health service that a student may need to participate in a
school setting had to be provided to the student without question of
costs or any financial impact on the district. Like this case the Unified
School Dist. v. Holland case relates to Jonathans because Rachel
Holland had moderate disabilities and one day her parents requested
that she be placed in a regular education class. The district argued that
Rachels disabilities were too severe for actual regular classes that she
worked better in a special education class. After proper due process

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and the determination of some factors (educational benefits, nonacademic benefits, effects on the teacher children in the regular
classes, and costs) it was ruled that Rachel was okay to integrate in
regular academic classes. Like these two cases Jonathans parents
could too ask that their child be evaluated so that it can be official
whether he could join Debbie Youngs school. Jonathans parents could
also argue that Debbie Young is not putting effort into getting Jonathan
into her school and that she is just worried about the costs that her
school would have to face if Jonathan attended the school. With this
being argued Jonathans parents could win the case.

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Conclusion
Cases like these are very sad because children like Jonathan did not
ask to be born with such severe disabilities that deny them from so
many wonderful things this life has to offer, education being one of
them. With Debbie Young I believe she knows her facts. I think that she
knows what might be best for her school and what might be best for
Jonathan. Through her experiences as a special education teacher I
believe she knows what works best for him, however I do believe that
she isnt trying hard enough for this student. Through the IDEA Act,
which is a federal law that makes sure that the state and public
agencies give children with disabilities the right care of education and
help services. Through FAPE as well, which makes sure that each child
is given an education and program that helps disabled children meet
curriculum and own goals. Also through LRE, which lets students who
have disabilities get a chance to be given proper education. Through
all this, if it were argued Jonathans parents could win the case
because the lack of proper due process and the lack of professional
determination of whether or not he could attend this school were not
given. I think Jonathan and his parents would win this case because he
was not evaluated nor, professionally determined that he could or
couldnt attend the school, however his disabilities do seem to severe
for him to receive and collect proper education. It is a hard case
because on one side you have an experienced woman, but in another

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you have a child who deserves a proper education. Overall
circumstances I think the case would be given to Jonathan.

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8
References

Aschooldistrictmustprovideaneducationalprogramforeveryhandicappedchildinthe
district.(n.d.).RetrievedNovember7,2014.
CambronMcCabe,N.,McCarthy,M.,&Thomas,S.(2004).LegalFrameworkofPublic
Education.InLegalRightsofTeachersandStudents(Seconded.).PearsonEducation.
CedarRapidsv.Garret,526U.S.66(1999)
SacramentoCitySchoolDistrictv.RachelH.,14F.3d1398(9thCir.1994)
TimothyW.v.Rochester,NewHampshire,SchoolDistrict,875F.2d954(1stCir.1989)
U.S.9thCircuitCourtofAppeals.(n.d.).RetrievedNovember7,2014.