Artifact #5 Special Education

Artifact #5
Special Education
Melissa Acevedo
College of Sothern Nevada
May 6, 2016
Artifact #5 Special Education

Debbie Young is a high school principal and former special education teacher. Young was

approached by a disabled student’s parents who wanted constant care for their son by a trained nurse.

Their son Jonathan a tenth grade student suffers from a mental disability, seizures, and quadriplegia.

Young refused the parents request for constant care by a trained nurse stating that it was “too expensive”

and stating that school is not a suitable place for Jonathan.

The first case I would like to present in Jonathan favor is Mills vs. Board of Education of the

District of Colombia. A suit was filed on behalf of seven school children. All the children suffered from a

disability of mental retardation, hyperactive, or emotionally disturbed. The students were denied

educational services that would have addressed their disabilities, the school claimed insufficient funds.

The parents sued the school for denying their children of a right to a public education. The court ruled in

favor of the students and parents and stated that insufficient funds was not a reason to deny student a right

to a proper education. Just like in the case of Debbie Young she should not have the right to deny

Jonathan the education and services that he and his disability needs.

My second case in favor of Jonathan is Cedar Rapids Community School District vs. Garret F.

This case is very similar to that of Jonathan’s. Garret like Jonathan was a quadriplegic who was denied

nursing services by his school. This student was dependent on a ventilator and needed a nurse by his side.

The school refused to provide Jonathan with the one on one services that he needed. His parents sued, and

the courts sided with the parents stating that the services that Jonathan needed were “related services” in

which the school needed to provide.

I would like to provide the case of LT vs. Warwick School Committee in favor of Debbie Young.

The school provided treatment technique for autistic and communication handicapped children to a

student. The student’s parents denied the services offered by the school and wanted the child to get a

different technique they believed was better for their child. The court found that the technique that the

parents wanted to use was not necessary for their child, and did not have to provide the service. Like in
Artifact #5 Special Education

the case of Debbie young, she has the right to deny service to Johnathan because she does not believe it is

fit for him to have the service his parents are asking for. Bourbonnais.

My second case in favor of Debbie Young is Dale M. vs. Board of Education of Bradley

Bourbonnais High school. A student was placed in a therapeutic school due to a disciplinary problem.

After the student had served jail time he was placed in a fit residential placement. His parents believed

that the residential placement was the best option for their child and felt that it was best and most

appropriate to be provided with the continued service. Courts appealed the service stating that it was not

necessary for the student to be placed in a residential placement. Just like in this case Debbie Young also

believes that the services asked for by Johnathan’s parents is not necessary for the school to provide a

costly nurse service.

I this case I believe that Debbie Young’s decision is defensible. The disabilities that Jonathan

suffers from are very serious. The constant one on one care that Johnathan would need I believe would

not allow for any learning or interaction with teachers for other students. I find that perhaps school is not

the most appropriate placement for Johnathan because he does suffer from seizures that are dangerous for

him and other students that would be in the classroom. I do however do not agree to deny the service

because of its cost. That by no means is a reason to deny any student with disabilities the right to an

education.
Artifact #5 Special Education

References

Cedar Rapids Comm Sch Dist. v. Garret F., 526 U.S. 66 (1999) - Wrightslaw.com. (n.d.).

Retrieved May 07, 2016, from

http://www.wrightslaw.com/law/caselaw/ussupct.garret.htm

FindLaw's United States First Circuit case and opinions. (n.d.). Retrieved May 07, 2016, from

http://caselaw.findlaw.com/us-1st-circuit/1241530.html

Mills v. Board of Education of the District of Columbia. (n.d.). Retrieved May 07, 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.