RUNNING HEAD: Artifact #4 !

Artifact #4
Leah Findlay

College of Southern Nevada

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Abstract

This paper discusses the case between Debbie Young, a principal, and one of her special

education students Jonathan. There are various cases that are pro and con to Jonathan’s case.
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Jonathan is a young boy who is mentally disabled with a seizure disorder and spastic

quadriplegia. When Jonathan’s parents confronted the school principal, Debbie Young, they were

denied the request of the school having have constant care provided by the school. Young denies

the parents request because of the cost and because her view is school might not be the best place

for Jonathan.

The law protecting Jonathan would be the IDEA which stand for Individuals with

Disabilities Education Act. The IDEA requires two things and that is FAPE and LRE. FAPE

stands for Free Appropriate Public Education, which means everyone deserves a free education

and just because you are disabled does not mean you do not have to pay any fees and the school

should cover all IEPs. LRE stands for Least Restrictive Environment which means the school

will try it’s hardest to keep the student in a regular classroom with peers.

Cedar Rapids v. Garret is a case that is similar to Jonathan’s. Garret was a student that

attended Cedar Rapids School District. Garret was in a wheelchair, and he also needs a ventilator

because of an accident he got into. Garret needed assistance during the school day as well with a

catheterization tube and checking respiratory distress. Garret was attending the school district

from kindergarten through 4th grade with his parents paying for a health provider, when Garret

went into 5th grade is when his mom requested the school supply the provider to help her son.

The court ruled that it was the school’s responsibility to keep the student in the classroom and

making sure her gets a proper education. This case could be one that Jonathan can use to win his

case. A student needed special help and the school helped no matter the cost.
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Another case that Jonathan could use that is a pro towards his situation is Timothy v.

Rochester. Timothy was a student that had, “multiply handicapped and profoundly intellectually

disabled child with complex developmental disabilities, spastic quadriplegia, cerebral palsy, and

cortical blindness.”(Steketee) The school board help a meeting to see if was educationally

handicapped, several of his doctors showed up saying he responded and had a potential for

education, a couple doctors also said the opposite and that there was no potential. The board then

decided to deem Timmy has uneducable. Timmy’s family sued the district for violating a number

of laws. When this case went to court, the court agreed that there needs to be a “zero reject

policy” and just because a child seems like they many not benefit from a public education, is not

a good enough reason. Jonathan could take this case to court with him as well. Jonathan’s family

should also see if there have been any laws violated against him and his education.

IDEA has not always been there to save students, in Sacramento City Unified School

District v. Rachel Holland. Rachel Holland was an 11 year old girl that was mentally retarded.

Despite her low IQ her parents enjoyed her time in a regular classroom and wanted to her to be

in a regular classroom full time. Her parents believed she benefitted academically and socially in

a regular classroom. The school denied because they believed Rachel’s IQ was too low that there

would not be any benefit for her to be in a regular classroom, and they they move around too

frequently. Even though the court ruled for her not to be in a regular classroom, we now know

that would have been the best thing for Rachel and “IDEA had foreseen such changes in

providing for an annual IEP review.” (Kids Together) if she would have been in a normal

classroom. This case is proof of how the school’s decision for the student may not always benefit

them, similar to Jonathan’s case.

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A second case that ended up not being in favor of the student is Board of Education of

Hendrick Hudson School District v. Amy Rowley. Rowley was a deaf student that requested a

sign language interpreter and the school denied. Amy did well in school without an interpreter,

but she believed she was not at her full potential to understanding. The courts sided with Rowley,

but then the Supreme Court reversed their decision. They ruled that Amy was, “otherwise

receiving personalized instruction and an adequate education ” (Oyez). This could easily resonate

with Jonathan because he is unable to reach his full potential without help, and the school is not

offering the assistance.

Off of the evidence given and being knowledgeable of IDEA, I believe Jonathan and his

family should win the case. School’s are suppose to be offering help to special needs students of

all types, and no matter how severe. Being under constant care and having someone be with

Jonathan all day is not a ridiculous request. In my personal experience in school, I have seen

various students with specific teachers or nurses that stayed with the student all day. This seems

to be Jonathan’s case and I do not see any difference. Jonathan should also be protected under

IDEA. To enjoy his free public education, he needs help and the school should be offering help. I

believe Jonathan would win.

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References

Board of Education of Hendrick Hudson School District v. Amy Rowley.

Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley.

(n.d.). Oyez. Retrieved April 25, 2018, from https://www.oyez.org/cases/1981/80-1002

Cedar Rapids v. Garret.

Sacramento City Unified School District v. Rachel Holland. (1994)

Steketee, A. M. (2014, August 14). Timothy W. v. Rochester, New Hampshire, School

District. Retrieved from https://www.britannica.com/topic/Timothy-W-v-Rochester-New-

Hampshire-School-District

Timothy v. Rochester. (1989)

U.S. 9th Circuit Court of Appeals. (n.d.). Retrieved from http://www.kidstogether.org/

right-ed_files/rachel.htm