Documente Academic
Documente Profesional
Documente Cultură
In the Southern United States a principal by the name of Debbie Young rejected a set of
parents who requested to have their son admitted into the school district. Their child is one who
requires many disabilities and constant care. Young’s reasoning was that it would be expensive
and not the most appropriate decision for their child to attend her school.
Let us start from the parents side of the argument. They are have two great cases to
convince their case. They really are in favor of this case because there are many cases with
similar situations in which the students and parents have won. The first case that they could cite
is Cedar Rapids Independent School District v. Garrett F. This court case was in 1999 Garrett
needed constant care because he was quadriplegic the school refused, but in court he won. The
Court ruled that this constant care did not fall under “medical services”, but “related services”.
The second case that they could use is quite recent in fact. In the earlier part of this year
the Supreme Court ruled in Edward F. v. Douglas County School District. Their decision is that a
“minimal” effort is not an appropriate education. This could be applied to our case and the
school will not put the best effort into the education that Jonathan requires. After all the school is
required to provide the related services and an appropriate education for every child.
Now to defend the school I believe they would use principles more than the exact rulings
from court cases the first case will be McLaughlin v. Holt Public Schools. This case took place
in 1999. Basically what happened is that the Court ruled it is okay for a school to find another
suitable setting even if it is outside that school district. This principle applied in our case that
Young's school simply cannot provide the newly required education at her school. She could say
The second case is Beth B. v. Van Clay which took place in 2000. Beth was a student
with disabilities she was placed in a regular class and was there until fifth grade but once sixth
grade came around the school put her on an IEP course. Her parents disagreed towards this
action. The Court ruled in favor of the school due to their “expertise in such matters”. Young is a
very experienced disability teacher her experience and expertise should be taken into account in
this situation.
In closing I believe that Young may win this case if she takes a certain position. This
position is simply that her school is not fit for someone who needs all the care that Jonathan will
need to receive for his fair and equal education like the others. Her many years as a special
educator would be proved quite useful here. If she could even provide other solutions to the
References
Beth B. v. Van Clay, 126 F. Supp. 2d 532 (N.D. Ill. 2000). (n.d.). Retrieved October 13, 2017, from
https://law.justia.com/cases/federal/district-courts/FSupp2/126/532/2504866/
Kamenetz, A., & Turner, C. (2017, March 22). The Supreme Court Rules In Favor Of A Special Education Student.
supreme-court-rules-in-favor-of-a-special-education-student
McLaughlin v. BOARD OF EDUC., HOLT PUBLIC SCHOOLS, 133 F. Supp. 2d 994 (W.D. Mich. 2001). (n.d.).
courts/FSupp2/133/994/2292901/
Osborne, A. G. (n.d.). Cedar Rapids Community School District v. Garret F. Retrieved October 13, 2017, from
https://www.britannica.com/topic/Cedar-Rapids-Community-School-District-v-Garret-F
Underwood, J., Webb, D. L.(2006). School Law For Teachers: Concepts and Applications. Upper Sadle
River, New Jersey and Columbus, Ohio: Pearson Merrill Prentice Hall.