Portfolio Artifact #5 1

Portfolio Artifact #5

Edgar Roa

College of Southern Nevada

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Debbie Young, a high school principal, has served as a special education teacher and an

assistant principal in a school district in the south. The parents of a severely disabled tenth-grade

student want their son, Jonathan, to attend one of the schools in this district. Jonathan has

multiple disabilities requiring constant care by a trained nurse. He is profoundly mentally

disabled, has spastic quadriplegia, and has a seizure disorder. Debbie Young refuses the parents’

request due to how expensive it would be to give Jonathan the proper education. In addition she

provides the opinion that the school she works for is not the most appropriate placement for

Jonathan.

Debbie Young should let Jonathan enroll in the school because no student should be left

behind. In America, all students have the right to education, Jonathan should be no exception.​ In

Stratham School v. Beth and David P​, the court found that any necessary action to improve the

students ability to learn needs to be covered (Underwood, 2006). The school’s budget should not

be an issue because Jonathans expensive needs will be covered by the school district somehow.

Jonathan is entitled to free education, the Individuals With Disabilities Education Act (IDEA) is

designed to ensure children with disabilities receive a free and appropriate education

(Underwood, 2006). IDEA also protects the children from improper evaluation, classification,

and placement. Jonathan should be able to enroll in the school district his parents choose

regardless of how expensive it will be to the school.

Jonathan should be allowed to enroll in the school. Section 504 of the Rehabilitation Act

is a civil rights law that prohibits public schools from discriminating in the delivery of programs
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and activities, employment, and access to facilities (Underwood, 2006). Debbie is discriminating

against Jonathan, by not letting him enroll just because it will be expensive for the school

district. In ​Cedar Rapids Independent School District v. Garret F,​ a quadriplegic student just like

Jonathan required one-on-one nursing services that the school refused to provide; The court ruled

that the service was to be paid for the student by the school. Debbie should let Jonathan enroll

because money is not a problem.​ Debbie should not refuse Jonathan’s parents decision, the

parents of Jonathan are just trying to give their son a better education.

Jonathan should not enroll in school. Debbie Young has a lot of experience with special

education students and if she thinks that Jonathan should enroll in another district than he should.

Jonathan is mentally disabled, has spastic quadriplegia, and has a seizure disorder. That is not an

easy task to work with for any nurse or instructor. If Debbie thinks that Jonathan needs a better

school district where he can get better help, than he should enroll in that district. In ​Beth B. v.

Clay​, The Seventh Circuit stated that “school officials decision about how to best educate Beth is

based on expertise that we cannot match”. Beth was a student that had the cognitive ability

ranging from a 1-year-old to a 6-year-old, she also could not walk unassisted. The officials of the

school that beth attended created an Individual Education Plan against the parents request

(Underwood, 2006). Debbie is right, Jonathan needs a school where he can have the best

accommodations so he can achieve his highest academic potential. Debbie may seem like the bad

person but she has the experience and knows that there is a better school for Jonathan.

Jonathan deserves to get the best education he can get. Debbie refused Jonathan’s parents

request because the transfer of Jonathan would be expensive to the district and because she

thinks that the district is not the best district for Jonathan. Debbie may be right, in​ McLaughlin v.
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Holt Public Schools​, the Sixth Circuit of Appeals found that any student could be served outside

of the neighborhood school, if the school offered a program that a student needed (Underwood,

2006). Schools are only responsible for giving a special education students the appropriate

education. The “appropriate” education is defined by federal and state law, but they do not have

to provide what is best for the student’s education (Underwood, 2006). Perhaps it would be more

beneficial if Jonathan enrolled in another district with the ability to better accommodate his

needs. If Jonathan were to enroll in the district Debbie asserts he would get an “appropriate”

education but not the best for him.

Debbie Young is right, Jonathan should not enroll into the school his parents want him to

go to. I know every caring parent wants what is the best for their child, but Debbie may be right.

Based on the information, Debbie has had extensive experience in the special education

department. Just like in ​Beth B. v. Clay,​ Debbie’s decision about how to best educate Jonathan

is based on expertise that the parents of Jonathan cannot match. If she thinks the school that she

serves may not be able to give Jonathan the proper care and education than she is right. Jonathan

is mentally disabled, has spastic quadriplegia, and has a seizure disorder. In​ McLaughlin v. Holt

Public Schools,​ the Sixth Circuit of Appeals found that any student could be served outside of

the neighborhood school, if the school offered a program that a student needed. Jonathan’s

parents should consider the option of enrolling him in a school district where they can

accommodate his needs and help him reach his highest academic achievement. If Jonathan were

to enroll in the district that his parents wanted him to attend, he would receive an “appropriate”

education and not what is best for him.

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References

Underwood, J., & Webb, L. D. (2006). School law for teachers: concepts and applications. Upper

Saddle River, NJ: Pearson/Merrill Prentice Hall.