Professional Documents
Culture Documents
Portfolio 5 Assignment
Sarah Green
The parents of a severely disabled son named Jonathan approached Debbie Young about
having Jonathan attend one of the schools in the district. Jonathan suffers from spastic
quadriplegia and a seizure disorder. His condition requires care from a trained nurse at all times.
Young is currently a high school principal with a special education background as a teacher and
past experience as an assistant principal in an affluent school in the south. She refuses the parents
request for their son to attend one of her schools. Her reasoning is that it would be a big expense
and the school is not equipped to meet Jonathans needs. Youngs decision could be defended but
Young has violated the Education for All Handicapped Children Act of 1975 (EHA)
(Underwood, 2006, p. 141). The EHA entitles all handicapped children to a free and appropriate
education and have changed to include a wide variety of disabilities. Board of education v.
Rowley (1982) is a case that impacted the change in school districts and applied the regulations
that school need to follow in regards to taking in disabled children (Underwood, 2006, p. 143).
The Rowley case states that the school does not have to provide the best education it just has to
be beneficial to the student by means of improvement. Because of that case schools are no longer
allowed to discriminate against disabled children. Over time the laws have also created
procedures that schools must follow such as the Individuals with Disabilities Education Act
(IDEA), Section 504 and the Americans with Disabilities Act (ADA) (Underwood, ch.8)
Much like the case Steven L. v. LeMahieu, Youngs decision means she failed to provide
appropriate services and has denied a child their right of a free public education. It is a direct
PORFOLIO 5 ASSIGNMENT 3
violation of Section 504. One of Youngs reasoning for denying the parents request was because
it would be an enormous expense for the school. It would be expensive but it is the responsibility
to the school according to Irving Independent School District v. Tatro 468 U.S.883 (1984)
(Underwood, p. 153). The case establishes that if a service is necessary for the disabled child to
In defense of Youngs decision she has a point when she claims that the school is not the
most appropriate placement for Jonathan. There is no need for a child to attend a school that is
not qualified to meet the needs of a disabled child. The reasoning was established based of the
case of Mclaughlin v. Holt Public Schools (Underwood, p. 155). Youngs special education
training makes her capable of making that sort of decision. It would be unfair to Jonathan if he
attended a school that was not qualified to meet his specific needs.
U.S. 359 (1985) Young is making the right decision by keeping Jonathan from attending her
what kind of education or placement would meet Jonathans needs. She knows her schools, the
teachers and their abilities. Her decision is helping Jonathan and his parents in the long run. The
decision is avoiding any future claims that parents want to make regarding how the school did
On the basis of Rowley and LeMahieu, failure to provide disabled children with the FAPE
(Free and Appropriate Education) they are entitled to is a violation of Section 504. These cases
PORFOLIO 5 ASSIGNMENT 4
prove that the courts have upheld the parents of disabled children in their fight for a suitable
special education free of cost if necessary. Young and her schools should be prepared for special
education cases. If the school is not prepared then they must be trained to be better suited to
handle such cases. Young, having a special education background is just what Jonathan needs to
References
Burlington School Committee v. Massachusetts Board of Education. 471 U.S. 359 (1985) (n.d.).
Special Education Caselaw from U.S. Supreme Court, Courts of Appeals and Federal District
caselaw.htm
Steven L. v. LeMahieu. (n.d.). Civil Rights Division Educational Opportunities Cases Summary
casesummary.php#LeMahieu
Underwood, J., & Webb, L. (2006). Board of Education v. Rowley (1982), Education of Students
with Disabilities. In School law for teachers: Concepts and applications (p. 143). Upper
Underwood, J., & Webb, L. (2006). EHA, Education of Students with Disabilities. In School law
for teachers: Concepts and applications (p. 141). Upper Saddle River, N.J.: Pearson/
Underwood, J., & Webb, L. (2006). Irving Independent School District v. Tatro 468 U.S.883
(1984), Education of Students with Disabilities. In School law for teachers: Concepts and
applications (p. 153). Upper Saddle River, N.J.: Pearson/ Merrill Prentice Hall.
PORFOLIO 5 ASSIGNMENT 6
Underwood, J., & Webb, L. (2006). Mclaughlin v. Holt Public School, Education of Students
with Disabilities. In School law for teachers: Concepts and applications (p. 155). Upper