Special Education 1

Special Education

Tracy Blackwell

Education 210: Nevada School Law

Instructor: Herington, S.

October 03, 2012

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There is no doubt that most people believe all children should be provided the

opportunity to learn and excel with an equal education, but at what expense should this come?

Should students without impairments be subject to the possible disruption of children with severe

disabilities and special needs? When circumstances introduced tenth-grader Jonathan, a severely

disabled young man who requires constant specialized nursing, to a public school the principal

Debbie Young felt it necessary to denied Jonathan and his parent’s admission into the school.

She believed that his profound mental disability, spastic quadriplegia, and seizure disorders

would bring extraordinary expenses and that the school was not the most appropriate place for

him. But does Ms. Young have the right to deny Jonathan the opportunity for admission? Is this

fair for Jonathan?

Perhaps Ms. Young sees and understands the implications to the accommodations that

Jonathan would require, along with the distractions he would bring to the other students. And

with her background in special education, Ms. Young recognizes the special attention and

resources it would require to educate an individual such as Jonathan. With the anticipation of the

expenses involved she knows this could be a great drain on school finances. Its apparent Ms.

Young is only trying to do what’s best for the overall school and its students, and not just one.

Perhaps the sacrifice of one for many is necessary.

But try telling this to Jonathan’s parents. “Sorry, but your son’s opportunity to learn in

this educational establishment must be sacrificed for the other children, they’re more important”.

“Sorry, but the cost of caring for your child is more draining than the cost of these other children,

thus we will serve them and not you”. This sounds absurd! Jonathan didn’t choose his ailments

and his parents don’t believe that one trial deserves another. Although Jonathan wouldn’t stand a

chance to be the school’s valedictorian, he does stand a chance to learn some things. And those
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“some things” may include simple letter recognition or even peer appreciation which will

increase social experiences. It’s likely Ms. Young and the school district will be severed with a

law suit from Jonathan’s parents. And if she thought Jonathan’s expenses would be a burden,

wait until the district’s federal funding is cut for not abiding by section 504 of the Rehabilitation

Act of 1973.

The laws protecting this young man are broad and ever changing when looking at the

alterations and additions to its causes through the years. Starting with section 504, a child with

physical or mental impairment which limits one’s life activities shall not be excluded from

participating in school which receives federal funding. And following this act came to be the

Individuals with Disabilities Education Act (IDEA) which is continually amended with more

regulation and clarification to benefit the disabled. This act, like many acts pasted by congress,

can provide schools with an opportunity to receive additional funding so long as they comply

with its standards. However, IDEA does not require schools to cover medical expenses but it

does require the coverage of medical and health services. Its programs such as this that schools

can turn towards to help offset the added expenses of including special needs children.

The purpose behind these acts is about ensuring that a free appropriate public education is

provided to all children in the least restrictive environment. In addition the placement must; be

provided at public expense and under public supervision and direction, meet the standards of the

state educational agency, and be delivered in conformity with an individualized education

program (IEP) [Cambron/pg.148]. With such support Ms. Young should be accepting Jonathan

with open arms, even if she feels the expenses to have him at school reach beyond the school

responsibility. His family can gain support under past case law involving severely disabled

children.
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In the case of Cedar Rapids Community School District v. Garret F. a child with a

severed spinal column also required a full-time nurse to help assist with the boys extensive

medical problems. The school district argued that the services collectively should be viewed as

medical, even if individually they qualified as health services, and asserted that it would incur an

undue financial burden if required to provide the full-time nursing care. The court acknowledged

the legitimate budgetary concerns of the district, but noted that the IDEA does not allow schools

to refuse to pay for services simply because of the financial burden. [Cambron/pg.156]

With this knowledge it’s obvious that Jonathan’s parents are right in fighting Ms.

Young’s denial of their son’s admittance to the school. They will have no problem turning the

table and having their beautiful son placed into a classroom.

It’s easy to understand why someone may feel a person like Jonathan doesn’t belong in a

general classroom. At first glimpse it seems the aspects involved with such a student may be

distracting to the others. But normal healthy students can be just as distracting, if not more, as

Jonathan. And if this is so, then even the financial burdens should not be an excuse to deny

parents and their child the same opportunity every other child gets.
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References

Cambron-McCabe, McCarthy, Thomas. (2004) Legal Rights of Teachers and Students – 2nd

Edition. Pearson Education, Inc. Boston, NY