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PORTFOLIO ASSIGNMENT V
Portfolio Assignment V
Seth Manesse
Scenario
from a specially trained nurse. His disabilities include spastic quadriplegia and a seizure disorder.
Debbie Young, is an experienced high school principal. She has experience as a special
education teacher and as an assistant principal in an affluent and progressive school district in the
South.
Jonathans parents contact Principal Young seeking placement for him in her school
district. Placing Jonathan in the public school would be extraordinarily expensive. Additionally,
in Principal Youngs opinion, the school district is not the most appropriate placement for
Jonathan. Due to these considerations, Principal Young refuses Jonathans parents request for
placement.
The United States Supreme Court, as part of its ruling in Florence County School District
v. Shannon Carter (1993) reiterated some mandates of the Individuals with Disabilities Education
Act (IDEA). Under this law, disabled students are to be provided with either a free appropriate
public education (FAPE) or placement in a private education at public expense. IDEAs mandate
is ...educational authorities can do one of two things: give the child a free appropriate public
The law is clear: schools are required to provide appropriate education to disabled
students.
Special Education Placement: Portfolio Assignment V 3
Although schools are legally obligated to provide a free appropriate public education
(FAPE) for disabled students, there are limitations. Some of these limitations reduce the costs to
schools and are spelled out in Irving Independent School District v. Amber Tatro (1984).
To keep in perspective the obligation to provide services that relate to both the health and
education, the need for a related service does not create an obligation...
Second, only those services necessary to aid a handicapped child to benefit from
Third, the regulations state that school nursing services must be provided only if
they can be performed by a nurse or other qualified person, not if they must be
performed by a physician
These limits on related services help reduce school expenses for educating handicapped students.
In the case of Board of Education of the Hendrick Hudson School District v. Amy
Rowley (1982), the United States Supreme Court spells out the requirements for schools in
following the Education for All Handicapped Children Act of 1975 (IDEA). Among schools
responsibilities is a stipulation that they provide a free appropriate public education (FAPE) and
Special Education Placement: Portfolio Assignment V 4
that they tailor an education plan for each handicapped student, an individualized education
program (IEP).
The Supreme Court further stipulates ...the requirement that a State provides specialized
services so provided be sufficient to maximize each child's potential The obligation of the
schools is to provide an education that is appropriate and not necessarily an education that
Parental Choice
United States Supreme Court gave clarification on responsibilities of parents and schools in
paying for a disabled childs education. The court stated: parents who unilaterally change their
child's placement, without the consent of state or local school officials, do so at their own
financial risk.
The court went on to cite the IDEA law: If a handicapped child has available a free
appropriate public education and the parents choose to place the child in a private school or
facility, the public agency is not required by this part to pay for the child's education at the
Parents must give the school an opportunity develop an IEP. If the parents place their
The scenario leaves out some crucial details. It tells Principal Debbie Youngs final
decision to refuse to place Jonathan, but it doesnt relate the process involved in how that
Special Education Placement: Portfolio Assignment V 5
decision was reached. There is no information on how closely school district procedures and the
laws were followed. There is no information about how cooperative Jonathan's parents were or
the level of education that would be appropriate for him. Most importantly, it doesnt relate if an
Without these details, reaching the correct decision is impossible, so some assumptions
must be made. The scenario does relate Principal Debbie Youngs qualifications and experience
in both special education and administration: she has plenty of experience. Her experience would
lead her to follow proper procedures and adhere to the law. We have to assume she made no
The scenario describes Jonathan as a tenth-grader. This leads one to assume he has had
an appropriate education. Finally, we assume Jonathan's parents are behaving as full partners in
Once these assumptions are made, we can sensibly discuss the scenario.
Under IDEA Jonathan is entitled to a FAPE as long as his parents give the school district
a chance to develop an IEP. His parents will have a voice in the creation of the IEP although, in
the end, they may not fully agree with it. The school district is not required to put forward the
Simply denying Jonathan an education, despite the cost or Principal Youngs personal
opinion, is not an option. Jonathan would benefit from a FAPE, therefore the school has an
obligation provide one for him. The consequence, if they do not, is the school district will have
Special Education Placement: Portfolio Assignment V 6
to pay a bill for a private school placement that Jonathan's parents choose; if the school wants a
say they must fulfill their obligation to create an IEP and offer him a FAPE.
Principal Debbie Young and her school district erred in their decision; they must develop
References
Board of Education of the Hendrick Hudson Central School District v. Amy Rowley (1982).
http://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm
http://www.wrightslaw.com/law/caselaw/ussupct.burlington.htm
Florence County School District Four v. Shannon Carter (1993). Retrieved April 13, 2017 from
Irving Independent School District v. Tatro (1984). Retrieved April 13, 2017 from Wrightslaw
website: http://www.wrightslaw.com/law/caselaw/ussupct.tatro.htm