Running head: PORTFOLIO #5: STUDENTS WITH DISABILITIES

Portfolio #5: Students with Disabilities

Danielle Pertile
EDU210
10/31/2015
Dr. Ce Isbell

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Introduction
Tenth-grader Jonathan has recently been denied placement in the school district by
Debbie Young, a high-school principal with special education experience. Jonathan has multiple
disabilities including spastic quadriplegia, mental disability and a seizure disorder. He requires
constant care from a nurse. Principal Young decides that the cost to the school system would be
too great, and that this particular district is not an appropriate place for Jonathan.
Jonathans Side
Jonathans parents will argue that according to the Individuals with Disabilities Education
Improvement Act (IDEA), Jonathan has a right to free and appropriate education (Underwood,
2006, p. 143-144). Because of Jonathans various disabilities, IDEA offers the right to education
and requires the school to cover services related to this disability, no matter the cost. In the case
of Irving Independent School District v. Tatro (1984), the court ruled that the school could not
deny CIC services to a disabled student because their disability was covered under IDEA, and
the service was necessary for the student to be able to participate in school.
Similarly, in the case of Cedar Rapids Independent School District v. Garrett F. (1999), a
student with quadriplegia was granted nursing services because the court considered this a
related service covered under IDEA and not a medical service which is excluded. This
applies to Jonathans case in that not only can the district not deny him admission to the school
based on his disabilities, but the school must also cover the cost of whatever related services
he may need. This includes services such as nursing, transportation, and physical or operational
therapies.
Principal Youngs Side

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Principal Young claims that the school is not an appropriate place for Jonathan to receive
his education. She may use the case of Beth B. v. Clay (2002) in her defense. In this case, the
court sided with the school district in their decision to develop an IEP for the student that placed
her in a program outside of the district, on the basis that it would be best for her education. With
Jonathans mental disabilities, he may be unable to function in a regular classroom and would
need to be placed in a self-contained program rather than in the school district. The court said the
schools decision was based on expertise we cannot match (Underwood, 2006, p. 155), and
with Principal Youngs experience in special education the court might rule in her favor.
In the similar case of McLaughlin v. Holt Public Schools (2003), the court sided again
with the school district in their decision to remove a student from the neighborhood school
because it was not the appropriate place for that students education. Given Principal Youngs
extensive experience in special education and as a school administrator, she can argue that
according to IDEA she is required to place students in the Least Restrictive Environment (LRE).
Unfortunately, Jonathans disabilities are so severe that he is unfit to participate in a classroom
with nondisabled students. Young must recommend that the student be placed outside of her
district to best suit his education.
Final Decision
The court will rule in favor of Jonathan and his parents. IDEA clearly states that students
with disabilities protected by the act, including the mental disabilities and orthopedic disabilities
that Jonathan has, must be provided a free and appropriate education. Because IDEA provides
federal funds to accommodate the related services provided, Principal Youngs argument that
Jonathans related services would be too costly would not be considered valid. In both the cases

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of Irving Independent School District v. Tatro (1984) and Cedar Rapids Independent School
District v. Garrett F. (1999), students were granted their right to education and the school was
required to cover the costs. Though Jonathan has many severe disabilities, he has the right to an
education in the least restrictive environment, and the court would rule in his favor.

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REFERENCES
Beth B. v. Clay (2002), Retrieved from Underwood, J., & Webb, D. L. (2006). School law for
teachers: Concepts and applications (p. 155). Columbus, OH: Pearson Merrill Prentice
Hall.

Cedar Rapids Independent School District v. Garrett F. (1999), Retrieved from Underwood, J., &
Webb, D. L. (2006). School law for teachers: Concepts and applications (p. 154).
Columbus, OH: Pearson Merrill Prentice Hall.

Irving Independent School District v. Tatro (1984), Retrieved from Underwood, J., & Webb, D.
L. (2006). School law for teachers: Concepts and applications (p. 153). Columbus, OH:
Pearson Merrill Prentice Hall.

McLaughlin v. Holt Public Schools (2003), Retrieved from Underwood, J., & Webb, D. L.
(2006). School law for teachers: Concepts and applications (p. 155). Columbus, OH:
Pearson Merrill Prentice Hall.

Underwood, J., & Webb, D. L. (2006). School law for teachers: Concepts and applications (pp.
143-144). Columbus, OH: Pearson Merrill Prentice Hall.