LEGISLATION AND LITIGATION

There are two cases I found equally difficult that deal with the school system. First, the B.O.E. (Board of Education) of the Hendrick Hudson School District v Rowley (1982) was problematic because my first thought was that a child would be given the tools to achieve at his/her full potential. The FAPE (Free Appropriate Public Education) does not guarantee this. The interpreter of law said that a child does not need to be given tools to maximize his or her potential but just tools that enable the student to benefit. The guideline used by schools and other experts which say they did not think the child would benefit from an S/L (Speech and Language) interpreter could be questioned because a guideline is used for a basis to accomplish something. It does not establish that everyone will fall within these guidelines. So when the IEP (Individual Education Plan) was written that excluded S/L interpreters the school won because this relates to EAHCA (Education for All Handicapped Children Act). The education of America’s students is falling behind other countries. Although our children progress quickly in the early years they are falling behind in high school. This service may have given some insight as to why this is happening if Amy would have received this service throughout her school years. The school expert may have noticed some pattern or phenomenon that occurred during her later years.

The other case I found difficult was Tatro v The State of Texas. Amber, an 8-year-old with spinal bifida required CIC (Clean Intermittent Catheterization). The school did not to assume liability and that seems reasonable. However, the school system lost in the law suit as CIC is a procedure that does not require a physician and incidentally several individuals with little medial training provided this service for Amber.

I did not hear of anything that releases the school from its obligation if something wrong does occur during the CIC in the school setting. I do not think the general classroom and curriculum are the least restrictive setting. Some students who can not function in the general classroom are restricted by being placed in the general classroom, for instance, a child with a disability that does not allow him to benefit from the activities being done in the classroom. These students could have severe disabilities and require constant medical treatment and find it impossible to progress in a general classroom setting. This will limit their ability to learn.

              - Melissa Harrell, MSCJ, BSCJ

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