Running head: Types of Legal Actions and Forms of Legal Defense 1

Types of Legal Actions and Forms of Legal Defense

Monica Chavez

Education 210: Nevada Law

Ms. Herington

April 29, 2016

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Abstract

In this paper a legal case is presented where a principal refuses to give a multiply

disabled student services. There are two cases stating why the principal should not refuse the

student services and two cases why the principal should refuse services. To conclude the

argument I will give my insight on the case based on the IDEA, FAPE, and zero-reject program

from EAHAC.
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Each child is unique, which makes their learning techniques differ from one another.

Education has a goal to make each child become successful. Students listed as Mentally

Retarded or Disabled are no exception of this goal. They have the opportunity to learn in ways

similar to other students. Jonathan a sophomore in high school with numerous disabilities like

spastic quadriplegia, seizure disorder, and who is also profoundly mentally disabled requires

constant care with a trained nurse. His parents asked Debbie Young the seasoned principal to

provide the trained nurse for Jonathan, but Young refused due to the cost and safety of Jonathan.

To fully understand each part of the case, the judge must look into legal resources and

cases such as: IDEA, FAPE, LRE, EAHAC and the Cedar Rapids v Garret case, Timothy v

Rochester, Unified School District v Holland, and Hendrick Hudson Board of Education v

Rowley.

One case that is identical to Jonathans case is the Cedar Rapids v Garret case. This case

involves another child who had a severed spinal column and was paralyzed from the neck

down. (McCarthy 160) This student also needed full-time nurse caring for the student. His

school attempted to argue that the services should be seen as medical, even if qualified as

health services (McCarthy 160) However, the Supreme Court went against the schools

thought and ruled that any health service a student may need had to be provided,

regardless of cost or resulting financial impact on the district. (McCarthy 161) Both Jonathan

and the other male from the Cedar Rapids v Garret case have a spinal injury, and were refused

services of a nurse. This is not fair because IDEA states services for health impaired

(McCarthy 147) Cost should not, and is not an issue for the school, based on the services that

IDEA provides.
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Another similar case is Timothy v Rochester, New Hampshire, School District. Timothy

was multiply handicapped intellectually disabled, with complex developmental

disabilities, spastic quadriplegia, cerebral palsy, and cortical blindness. (Steketee n.d.) His school

was determining if Timothy was actually educationally handicapped. IDEA came into action

quoting that schools are required to provide special education to any disabled student

regardless of the severity of his or her disability. (Steketee n.d.) Respondents such as his

pediatrician stated Timothy could hear and respond, so he should have an Individualized

Education Plan (IEP) that includes physical and occupational therapy. (Steketee n.d) Other

respondents did not agree with the positive feedback and said he had no educational possibility.

Rochester School District concluded him as not educationally handicapped because the

severity and complexity of his disabilities (Steketee n.d) made Timothy not capable of

benefitting from the services. The school kept refusing Timothy services even after the option of

adding physical therapy. Then Timothys attorney took a stand stating the school is violating

IDEA, equal protection and due process cause of the fourteenth amendment. (Steketee n.d)

Jonathan was not being treated fairly as the equal protection clause states, and Jonathan is being

righted of his liberty from the due process clause. After the attorney pointed these laws out, the

school entitled Timothy services due to any children with qualifying disabilities, especially

severe disabilities like Timothy. (Steketee n.d) Even if the child may not be educationally

handicapped they are protected under IDEA, which adopts a zero-reject policy (Steketee

n.d.) These services and other services such as receiving fundamental skills, development of

motor and communication skills cognitive skills (Steketee n.d.) Finally the case was changed

and Timothy got the services because of IDEA. Jonathan too should get the services from the

IDEA because of the severity of his disabilities.

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Contrary to the other cases, Young can support her decision because of certain cases. If

Young used the Unified School District v Holland case, she can express her concern of cost

more. This particular case also deals with a cost issue regarding one student. Rachel Holland is

considered mentally disabled and went to various special education programs. Her parents

requested for Rachel to be placed full-time in a regular classroom. (U.S. 9th Circuit Court

of Appeals. n.d.) By being placed in a fulltime classroom the Least Restricted Environment

(LRE) comes in action because Children with disabilities are to be educated with children who

are not disabled to the maximum extent appropriate. (McCarthy 154) The District went against

the request because of the cost and made up another scenario to divide the time in both classes.

Once the District thought this over, the District said the cost $109,000 to educate Rachel

with full-time aide included (U.S. 9th Circuit Court of Appeals. n.d.) Since there is a limited

amount of money for the District, they have a right to make the best use of the money. Young is

trying to make the best choice by using the money for all special needs students. If Young were

to provide an aide, the cost would be too much as in this case with Holland needing an aide.

Hendrick Hudson Board of Education v Rowley is a case that can benefit Youngs

decision as well. During this case Parents requested a sign language interpreter. (Hendrick

Hudson Board of Education v. Rowley. n.d.). Their request was not granted due to the fact that

the child ... advanced easily from grade to grade (Hendrick Hudson Board of Education v.

Rowley. n.d.) which was what the school needed of students. She performed better than the

average child (Hendrick Hudson Board of Education v. Rowley. n.d.). and continued to pass

through grades. A court attempted going against the case with she was not receiving FAPE

given opportunity to achieve full potential (Hendrick Hudson Board of Education v. Rowley.

n.d.) Free Appropriate Public Education (FAPE) defined is all aged children three to twenty
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one with qualifying disabilities must be provided a free appropriate education that is made

available in the least restrictive environment. (McCarthy 152) The District went against FAPE

because of their requirement of a student passing grades is enough to overrun FAPE. The District

won and the child did not get a sign language interpreter.

Youngs decision of not allowing Jonathans parents request of a specialty trained nurse

is wrong. Cost should not be an issue as the Cedar v. Garret case stated because of the IDEA

making services to any student regardless of cost. Jonathan is also allowed services because the

Timothy v. Rochester included the zero-reject policy from IDEA that gives services due to any

disabilities, from severe to non-severe. Even if Young is trying to protect cost for the school and

Jonathans safety, the IDEA law overrules Youngs points.

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References

Cambron-McCabe, N. H., McCarthy, M. M., Thomas, S. B., & McCarthy, M. M. (2009). Legal

rights of teachers and students (3rd ed.). Boston: Pearson Education. book

Hendrick Hudson Board of Education v. Rowley. (n.d.). Retrieved April 28, 2016, from

http://www.masslegalservices.org/content/hendrick-hudson-board-education-v-rowley

Steketee, A. M. (n.d.). Timothy W. v. Rochester, New Hampshire, School District. Retrieved

April 28, 2016, from http://www.britannica.com/topic/Timothy-W-v-Rochester-New-

Hampshire-School-District

U.S. 9th Circuit Court of Appeals. (n.d.). Retrieved April 28, 2016, from

http://www.kidstogether.org/right-ed_files/rachel.htm