Rights of Disabled Students: A Legal Perspective

Disability Rights
Case Review Jonathan is a tenth grade student with multiple disabilities which include: profound mental disability, spastic quadriplegia, and seizure disorder. Jonathan’s mother approached the high school principal, Debbie Young, to request educational placement for Jonathan in the high school. Debbie Young, who also served as a Special Education teacher before she became a principal, denied the request. Young’s decision was based on the severity of Jonathan’s multiple disabilities, his need of a specially trained nurse, and the excessive expense the school would incur to accommodate his medical needs. Due to the above factors, Principal Young believes the high school is not the best placement for Jonathan’s care.
Discussion
Congress has recognized the
v. Rochester, New Hampshire, School District, the Court held that under IDEA the school district is responsible for the education and funding of health services for all children with disabilities heedless of the extent of the disabilities. In this case, not only did Timothy have multiple disabilities, he was also severely intellectually disabled. His pediatrician maintained that Timothy was able to respond to sound and stimuli and would benefit from physical and occupational therapy. However, the school board concluded he was not “capable of benefitting” from special educational services due to the severity of his condition. In this case the Court took on an expanded view of a free and appropriate education, which included the development of fundamental cognitive, motor, and communication skills. In Jonathan’s case, the principal does not feel that the high school is an appropriate placement for Jonathan with his array of disabilities. Nonetheless, the courts have established that IDEA is not conditional upon the multiplicity or the severity of the disability. Rather, all children are entitled to an education, including fundamental developmental