Portfolio 5 1

Kara Ozuna

Portfolio Assignment 5

EDU 210

Dr. Isbell

CSN
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Debbie Young is a special education teacher and a seasoned high school principal.

Parents of a severely disabled tenth-grade student are discussing with Ms. Young about having

their son, Jonathan attend a school in the district. Johnathan has multiple disabilities requiring

constant care by a nurse. He is mentally disabled and has spastic quadriplegia, and has a seizure

disorder. Young refuses the parents’ request to let their son attend a school. Thinking the school

is not the most appropriate placement for Johnathan. Now the questions stands is Young’s

decision defensible or not?

The first case in favor of Debbie Young’s case is Southeastern Community College v.

Davis. This case is about Francis Davis who wanted to be in a nursing program at Southeastern

Community College. Davis suffered from a hearing disability and was unable to understand

speech without lip-reading. Davis’ application to the school was denied. She asked for

reconsideration and her application was denied again. She then filed a suit in United States

District Court for the Eastern District of North Carolina. The court ruled that Davis could not be

admitted to Southeastern’s program without substantial changes to admission requirements,

Davis’ rejection was not unlawful discrimination. This case is like Debbie Young’s case because

she denied Jonathan from attending the school because it was not an appropriate placement.

Since he does have seizures it can be dangerous not only for him, but others around him.

The second case in favor of Debbie Young’s case is Lyons v. Smith. Lyons is an eight

year old student who has been diagnosed as having Attention Deficit and Hyperactivity Disorder.

This causes him to have behavioral problems at home and school. He was evaluated by a

multidisciplinary team of the District of Columbia Public Schools which determined that he was

ineligible for special education under both IDEA and 504. Michaels parents challenged that
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determination at a due process hearing. In conclusion the court upholds the hearing officers

conclusions that Michael is not “other health impaired” as defined in the IDEA.

Irving Independent School District v. Tatro will be the first case against Debbie Young’s

case. Irving Independent School District v. Tatro is about a student with spina bifida who is

required Clean Intermittent Catheterization services in order to attend special education classes.

The administration was exhausted after trying to obtain their services, the students parents filed a

suit against the school district. They said that CIC was a “related service” that the school district

had to require it under the EHA. The court agreed, saying that the student would not be able to

attend class with out the procedure being made available. This is like Debbie Young’s case

because she did not put much effort into trying to help accommodate Jonathan’s condition.

The second case that I’ve found that is against Debbie Young is Cedar Rapids

Independent School District v. Garrett F. This case is about a quadriplegic student who always

need a ventilator and one on one nursing services. The parents have provided nursing services up

until fifth grade. They then requested that the school district provide services and the school

district refused. The parents requested a due process hearing under IDEA. The judge ruled that

the school district was to provide services for nursing services. This has to do with Debbie

Young’s case because again she should tried and accommodated the student in some way.

My decision in the case is not in favor of Debbie Young. I believe she should have made

more of an effort to try and help Johnathan and his condition instead of turning him away. Like

in the case Irving Independent School District v. Tatro they had to provide services to help with

the students spine bifida condition instead of turning them away. I think that Debbie Young is in

the wrong and should have come up with some kind of away to help Johnathan.

Lyons v. Smith
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https://law.justia.com/cases/federal/district-courts/FSupp/829/414/1876788/

Southeastern Community College v. Davis

https://www.oyez.org/cases/1978/78-711