Special Needs Cases

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Special needs litigation is one of the most common legal issue dealt with in educational circles. IDEA (Individuals with Disabilities Act) does not define “appropriate” which leaves the interpretation of an adequate level of educational services and responsibilities open to a great deal of subjectivity. This analysis provides a brief summary of special needs cases and the implications for school systems and educational administrators. In Cedar Rapids Community School District vs. Garrett F., the parents of a mentally coherent but wheelchair and ventilator bound student wanted the school district to provide nursing services for their child so he could attend school. The US Supreme Court decided that it was the school’s responsibility to provide this student with continuous nursing supervision while he was at school. The court stated that the nursing service was a supportive service necessary for the education of the child. Shannon Carter’s parents appealed to Florence County School District Four to appropriately assist their learning disabled daughter for years. The Carters continued to watch their average intelligence daughter lag behind in the public school setting and decided to enroll her in a private school that specializes in teaching learning disabled students. The US Supreme Court ruled that the school district must compensate the Carters of the educational expenses they incurred because the district failed to provide appropriate services for the child. The Felix and Gonzales cases demonstrate that if schools are not held accountable they may not even make an attempt to meet the special needs of students. The Felix probe discovered that the state was not providing funding near or even close to an adequate amoun... ... middle of paper ... ...hich will need the interpretation of the courts to maintain the roles and responsibilities of our educational institutions. Works Cited Legal Information Institute. Retrieved November 22, 2011, from http://www.law.cornell.edu/supct/html/96-1793.ZO.htmlHebel, S. (2000, September 8). Court rejects student's bid for more time on medical - licensing test. Chronically of Higher Education, 47(2), p.A40. Retrieved November 22,2011. Legal Information Institute. Retrieved November 22, 2011, from http://www.law.cornell.edu/supct/html/91-1523.ZO.html “Felix Consent Decree”. Retrieved November 26, 2011 from http://www.dkosopedia.com/ index.php/Felix_Consent_Decree. Waite, D. (2001, June 20). Special-ed student gains court victory. The Honolulu Advertiser. Retrieved November 26, 2011 from http://the.honoluluadvertiser.com/article/2001/ Jun/20/In/In08a.html.

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