Jenerra Campbell

02-03-17
Political Science

Midterm
Disability is defined as a physical or mental condition that limits movements, senses,

activates, and brain function within oneself. Used as a clinical diagnostic and functional

development term to describe someone who may need assistance while suffering from medical,

mental, or psychological disorders.

Today I will be talking about two Supreme Court cases that deal with someone suffering

from a disability or somebody who is considered special needs and their right to an education

that is appropriate to them. Both cases are still pending.

In the case Fry v. Napoleon Community Schools Stacy Fry daughter, E.F., was born with

cerebral palsy and was given a service dog to assist her in life while completing everyday tasks.

Her school had provided her with a human aid in agreement with her Individualized Education

Plan (IEP) within the Individuals with Disabilities Education Act (IDEA) did not allow her

service dog to accompany her to school. The Fry family sued the school, principal, and the

school district stating that they violated the Americans with Disabilities Act (ADA), the

Rehabilitation Act, and state disabilities laws of their daughter. District court gave the

defendants permission to dismiss based on claims that implicated the IDEA, which in return

meant that the plaintiff had to go through all administrative treatment before suing under the

ADA and rehabilitation act. The Fry family decided to have a retrial and stated that the

exhaustion requirement did not matter because they were in fact seeking damages, which is not

part of a relief that the IDEA provided. The U.S. Court of Appeals for the Sixth Circuit declared

the dismissal and stated that the Fry family claims were considered educational, which meant
 Jenerra Campbell
02-03-17
Political Science

Midterm
that these are the sort of claims the IDEA was meant to address and protect, and that meant the

exhaustion requirement applied.

According to the article Service Animals For The Disabled the purpose of the ADA is

to stop discrimination against those who are considered disabled while various aspects of life are

in use such as employment, use of public services, public transportation, and public

accommodations. In this article it is stated that under the ADA, no disabled person shall be

discriminated against in the full and equal enjoyment of the goods, serviced, facilities, privileges,

advantages, or accommodations of any place of public accommodation.

In the case of Endrew F. v. Douglas City School District, Endrew is a fifth grade student

who suffers from autism. His parents placed in a private school because they believed he was

better off rather than being in a public school. Endrew was placed in Firefly Autism House and

his parents sued for a refund of private school tuition and also sued for other expenses related to

Disabilities Act (IDEA). The Disabilities Act states that if a free public school cannot meet the

educational needs of a student suffering from a disability, the parents of the student may place

their child in a private school and seek refunds for tuition and related expenses. The case went to

an Administrative Law Judge (ALJ) for review where it Endrews parents request for a refund

was rejected. This rejection concluded that the public school had provided him with free

appropriate public education (FAPE) that he had a right too which was a requirement provided

by IDEA. Endrews parents had failed to meet the burden that would Endrew had not been

provided with FAPE. The U.S. Court of Appeals agreed to that notation.
 Jenerra Campbell
02-03-17
Political Science

Midterm
I believe the obvious summary of both court cases is that both sets of parents are fighting

for the rights of their children to have the same educational experience as their fellow peers, but

argument here is that their child wont be treated equal and fairly in the world and their education

is just one example of that.

My view on both cases is controversial and my view can be argued against until the end

of time.

In Fry v. Napoleon Community Schools Supreme Court Case I dont think anybody took

into consideration that some of the daughters peer might have an allergic reaction to dogs and

that also some might have Cynophobia which is the fear of dogs. I understand that these are

trained to behave in a well mannered fashion, but there have been numerous cases where service

animals have attacked because they felt threatened. In this case it wasnt like the school

completely ignored this students disability; they assigned someone to aid her with her

educational while she was attending school and that shows they understand the students

difficulty to navigate around school. I believe that this case didnt really have to make it to the

Supreme Court and that there couldve been a compromise met.

In Endrew v. Douglas City School District I believe the parents had a plan and when it

didnt go their way they took legal action.

At the end of day both cases should have resulted in what is best for these two students. I

believe that their needs to be more disability friendly programs introduced into are educational

students. A lot of times teachers are forced to teach students with disabilities because the school
 Jenerra Campbell
02-03-17
Political Science

Midterm
happens to be short staffed due to budget cuts and that is not fair to students because they are not

getting a fair education that they deserve and have a right to, also it is not fair for the teachers

because theyre not able to fully help the students like they want to. The world and the people

living in it should begin to understand now more than ever that everybody is not made the same

and we have to make accommodations for the differences we share.

Works Citied

Blandon, Elizabeth. Service Animals for the Disabled. Florida Bar Journal 75.3

(2001): 12.

Topinka, Joseph B., Jack Nichols, and Matthew Brooks. Service Animals: A New Legal

Dimension within the US Military. U.S. Army Medical Department Journal (2016): 108-111