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Disabled Students 1

Running head: Disabled Students

Disabled Students

Alexandria Dean

The College of Southern Nevada


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Abstract

My paper is about disabled students and what their rights are. I discuss whether they

should be allowed to go to regular schools or if they should be required to go a "special school,"


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Disabled Students

Disabled students have to fight for the right to be in schools. Many mentally disabled

students end up in special classrooms and kept away from the "regular students." In the

theoretical case Jonathan v. School District, Debbie Young, who is a special education teacher

and an assistant principal at a progressive school in the south. Jonathan's parents brought him in

and asked that they allow him to be enrolled in the school. Jonathan is a student with multiple

disabilities and a special trained nurse since he requires constant care. He is mentally disabled,

has spastic quadriplegia, and has a seizure disorder. Young told the parents that he could not

attend one of their schools since it would be too expensive and said that a "normal school" is not

the best placement for a student like Jonathan.

A very recent court case involving a disabled student being discriminated Fry v.

Napoleon (2015). In this case, Elhena Fry needed to bring a service dog to school for a disability.

The school told her she was not allowed to, so her parents filed a suit against the Napoleon

School District under the ADA and section 504. The Michigan federal court told them that Fry's

parents were "required to request a special education due process hearing, I.e. exhaust their

administrative remedies, before they could file a suit for monetary damages under the ADA and

section 504" (Wrightslaw.com, 2015). After filing an appeal and the Solicitor General submitting

a brief on if the supreme court should here the case, they agreed to hear it and just recently, on

February 22, 2017, the SCOTUS reversed the court of appeals decision and ruled in favor of the

student.

Another case where the court sided with disabled students is Cedar Rapids Community

School District v. Garret F. (1999). Garret F. was a student of Cedar Rapids Community School

District who was paralyzed at the age of four. For several years Garret's parents provided his
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nurse care during the day while he was at school. One day his parents asked that the school take

on the financial responsibility for Garret having a nurse during the school day. The district said

no, as they did not believe it was legally their job to provide such care. The courts ruled that

under IDEA and Iowa law, the school district has to provide such care for Garret.

Courts do not always side with students. Sometimes they side with the school districts.

One of those cases is Endrew v. Douglas County School District (2015). In this case, Endrew

F.—a student with autism—was in a public school in Douglas County. His parents pulled him

out of the school and put him in public school because they felt like he was not getting an

appropriate education. Federal law requires that public schools provide free and appropriate

education for free. If a school cannot do that, then the parents have the right to pull their student

from school and place them in private school. They will then be reimbursed for the costs of the

private school. Endrew's parents did just that, but when they went to be reimbursed they were

told that Endrew was getting an appropriate education therefore they would not be reimbursed.

After taking this to court, the courts ruled in favor of the district and decided that they were

fulfilling their requirements.

__ is a second case where the courts sided with the school district.

Courts tend to rule with the students when their constitutional, humane, and civil rights

have been violated. Debbie Young, in our hypothetical case Jonathan v. School District, violated

those rights when she refused to let Jonathan in the school. After reviewing the aforementioned

four cases, I personally feel like the courts would rule in favor of Jonathan and his parents.

Schools have to provide free and appropriate education to children with disabilities under IDEA.
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Reference
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