Debbie Young is a seasoned high school principal. She served as a special education teacher and an assistant principal in a progressive, affluent school district in the south. She is approached by the parents of a severely disabled tenth grade student, Johnathan, requesting that a full time nurse be provided under the label of "related services". Johnathan has multiple disabilities requiring constant care by a specially trained nurse. He is profoundly mentally disabled, has spastic quadriplegia, and has a seizure disorder. Young refuses the parents' request due to extraordinary expense and a view that the school is not the most appropriate placement for Johnathan.
1. Is Young's decision defensible? Why or why not?
2. Is the parents' request reasonable under the law? Why or why not?
3. Is the provision of a nurse a related service if it is necessary for Johnathan to receive an appropriate education? Why or why not?
4. How do you think a court would rule in this case? Provide a rationale for your response.
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Carl
ReplyDeleteNo it is not. The child should be provided the least restrictive educational environment and the cost should not be a factor.
ReplyDeleteYes the parent has the right to request and a team should get together to decide if this will be best for Jonathan.
I do beleive that it is not a related service. It will fall in the main section of the IEP possibly as a modification.
I beleive that teh court would rule in hte parents favor becasue it is what is best for the child to attend school on a regular basis while having the medical personel needed.
1. Is Young's decision defensible? Why or why not?
ReplyDeleteNo, Young cannot deny a student from receiving a free and appropriate public education under the education-related service requirement.
2. Is the parents' request reasonable under the law? Why or why not?
Yes, the child is eligible to receive a free and appropriate public education under the education-related service requirement of IDEA.
3. Is the provision of a nurse a related service if it is necessary for Jonathan to receive an appropriate education? Why or why not?
Yes, according to the text a related service may be a single service or an entire range of services or programs needed to benefit the child. Services include but are not limited to, transportation, medical services, counseling services, psychological services, physical therapy, speech pathology, audiology, occupational therapy, nursing and interpreting services.
4. How do you think a court would rule in this case? Provide a rationale for your response.
Ultimately I believe the court will rule in favor for the parents of Jonathan citing case law Cedar Rapids Community District v. Garret F. in which the school district refused to provide nursing care personnel to a severely disabled student. The U.S. Supreme Court upheld the decision of an administrative law judge requiring the district to provide the needed service and bear the financial responsibility per IDEA. Irving Independent School District v. Tatro provided a two step analysis of the related service definition was satisfied.
1.Services were supportive services because the student could not attend school without them.
2.The services were not excluded as medical services under Tatro.
Services provided by a physician other than diagnostics and education are subject to the medical service exclusion. Services provided by a nurse or lay person are not.
1. Young can not deny a student the right to a free and appropriate education. Cost can not be a factor.
ReplyDelete2. Yes the parent has the right to request these services under IDEA.
3. A nurse could be considered a related service if it is needed to benefit the child.
4. I believe the courts would side with the parents in this case because it would be necessary in order to allow the child with disabilities to benefit from special education.
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