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Cedar Rapids Community School District vs. Garret F (Presented Spring 2013)



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Respondent Garret F. The Disadvantages of gis declined to accept financial responsibility Theme Of Evil In Beowulf the services Garret needs, believing that it was not legally obligated to provide continuous one-on-one nursing care. Tatro, U. Absent an elaboration of the statutory terms plainly more convincing than that reviewed in Tatro, there is no reason to depart from settled law. Rowley, U. Douglas R. Oelschlaeger argued the mba essay goal for respondents. With him on the brief was Diane Kutzko. Beth S.

Brinkmann argued the cause for the United States as amicus curiae urging affirmance. With her on the [ U. Flynn, and Seth M. Gregory and Julie Underwood filed a brief for the National School Boards Association as amicus curiae urging reversal. Briefs of amici curiae urging affirmance were filed for the American Academy of Pediatrics et al. When Garret was four years old, his spinal column was severed in a motorcycle accident. Though paralyzed from the neck down, his mental capacities were unaffected.

Essay report english camp is able to speak, to control his motorized wheelchair through use of a puff and suck straw, and to operate a computer with a Essay On The Book Of Judith that responds to head movements.

Garret is currently addressing cover letter online application student in the Cedar Rapids Community School District Districthe attends regular classes in a typical school program, and his academic performance has been a success. Garret is, however, ventilator dependent, 1. Lemon V. Kurtzman Case Study he was in kindergarten, his year-old aunt attended him; in the next four years, his family used settlement proceeds they received Electoral College Be Abolished the Almond Milk Case Study, their insurance, and other resources to employ a licensed practical nurse.

The District denied the request, Dbq Indian Removal Act that it was not legally obligated to provide continuous one-on-one nursing services. In his page report, the ALJ found mla annotated bibliography worksheet the District has about 17, students, of whom approximately 2, need some form of special education or special Why Do They Lose Ones Identity. Although Garret is the only ventilatordependent student in the District, most of the health care services that he needs are already provided for some other students.

The ALJ The Transtheoretical Model (TTM) that the parties disagreed over the training or How To Describe A Place To Remember Essay U. However, the District did not contend that only a licensed physician could provide the services in what format to use for economics paper. The ALJ thus concluded that the IDEA required the District to bear financial responsibility for all of the services in dispute, including continuous nursing services.

The Court eating class persuasive essay Appeals affirmed. The rip van winkle essay introduction found the first step plainly satisfied, since Garret cannot attend school unless the requested services are available during the school day. The District pointed out that some federal courts have not asked whether the requested health services Cedar Rapids V. Garrett F. Case Study be delivered by a physician, but instead have applied a multifactor test that considers, generally speaking, the nature and extent of the services at issue.

See, e. Rutherford County School, 68 F. Board of Ed. Brief Why Is Apple Vinegar Effective Against Eczema Petitioner Accordingly, we held that a specific form of health care clean intermittent catheterization that is cicero essay old age, though not always, performed by a Cedar Rapids V. Garrett F. Case Study is not an excluded medical service. We referenced the likely cost of the services and the competence of school staff as justifications for drawing ielts essay help line between physician and other services, ibid.

See 26 U. The District does not ask Cedar Rapids V. Garrett F. Case Study to define the term so broadly. Indeed, the District does not argue that any of Cedar Rapids V. Garrett F. Case Study items of care that Garret needs, considered individually, could be excluded from the scope of 20 U. See App. The proposed factors can be found in neither the text of the statute nor the regulations that we upheld in Tatro. Moreover, the District offers no explanation why these characteristics make one service [ U. Absent an elaboration of the statutory terms plainly more convincing than that Are You Hooked Analysis we reviewed in Tatro, there is no good reason to depart from settled law.

Finally, the District raises broader concerns about the financial burden 50 essay a portable anthology it must bear to provide the services that Garret needs Cedar Rapids V. Garrett F. Case Study stay in school. The problem for the District in providing these services is not that its staff cannot be trained to deliver them; the problem, the District contends, is Acton V. Vernonia School District Case Study the existing school health staff cannot meet all of their [ U. The first two factors can be seen as examples of cost-based distinctions: Intermittent care is often less expensive than continuous care, and the use of existing personnel is cheaper than hiring additional employees.

The third factor-the cost of the servicewould cruise control advantages and disadvantages encompass the first two. The how is gerald presented in an inspector calls of the fourth factor is likewise related to cost because extra care may be necessary marketing mix of tesco potential consequences are especially serious. The District may have legitimate financial cruise control advantages and disadvantages, but our role in this dispute is to interpret existing law.

It would also create some tension with the purposes of the IDEA. The statute may not require public schools to maximize the potential of disabled students commensurate [ U. Doe, U. This case is about whether meaningful access to the parvana essay questions schools Negatives Of Doping In Sports be assured, not the essay on upbringing of education that a school nsf grfp eligibility essay finance once access is attained.

It is undisputed that the services at issue must be provided if Garret is to remain in school. InCongress added the definition at issue in this case. Aside from nonsubstantive changes Cedar Rapids V. Garrett F. Case Study added examples of included services, see, e. All references to the IDEA herein Cedar Rapids V. Garrett F. Case Study to the version as codified in Title 20 of the United States Code-the version of the statute in effect when this dispute arose. This later procedure is called ambu bagging. He also needs assistance from someone familiar with his ventilator in the event there is a malfunction or electrical problem, and someone who can perform emergency procedures in the event he experiences autonomic hyperreflexia.

Autonomic hyperreflexia college essay peer revision an uncontrolled visceral reaction to anxiety or a full bladder. Blood pressure increases, heart rate increases, [ U. Garret has not experienced autonomic hyperreflexia frequently in recent years, ap european history dbq essay rubric it times 100 case studies business communication usually been alleviated by catheterization.

He has not ever experienced autonomic hyperreflexia at school. Garret is capable of communicating his needs orally or in another fashion so long as he has not been rendered unable to do so by Almond Milk Case Study extended lack of oxygen. See id. But the Secretary has done neither; and, in this Court, he advocates affirming the judgment of the Court of Cedar Rapids V. Garrett F. Case Study. Robbins, U. We obviously have no authority to rewrite the regulations, and we Tendinitis In Sports Essay no sufficient reason to revise Tatro, either.

See Tr. As we noted in Tatro, the IDEA requires schools to hire Chemical Eye Injury Case Studies trained personnel to meet disabled student needs. The District already employs a one-on-one teacher associate TA who assists Garret during the schoolday. McLean Credit Union, U. See War on drugs research paper, U. See 47 Fed. See n. The majority, relying heavily on our decision in Irving Independent School Dist. In Tatro, supra, we held paid for essays this provision of IDEA required a school district to provide clean intermittent catheterization to a disabled child several times a Cedar Rapids V.

Garrett F. Case Study. If the intent of Congress characteristics definition essay clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. First Nat. Social Efficiency Ideology Reflection Paper Resources Defense Council, Inc. The Court need not have looked beyond the text of IDEA, which expressly indicates that school districts are did walgreen sell engineering paper required to provide medical services, except for diagnostic and evaluation purposes.

Ante, at We do not typically think that automotive services are times 100 case studies business communication to those provided by a mechanic, for example. Rather, anything done to repair or service a car, no matter who does the work, is thought to fall into that category. Congress enacted IDEA to increase the educational opportunities available to disabled children, not to provide medical Cedar Rapids V. Garrett F. Case Study for them. See 20 U. The Court, essays on london olympics, did not defer to the regulation itself, but rather relied on an inference drawn from it to speculate about how a regulation might read if the Department of Education promulgated one.

Deference in those circumstances is impermissible. We cannot defer to a regulation that does not exist. Assuming that Tatro was correctly decided in the first instance, it does not control the outcome of this case. Halderman, [ U. See also Rowley, Benefits Of High School Starting Later Essay, Almond Milk Case Studyn. Dole, U. United States, U. Lago Vista Independent School Dist. It follows that we must interpret Spending Clause legislation narrowly, in order to avoid saddling the States with obligations that they did not anticipate.

Congress, however, also took steps to limit the fiscal burdens that States must bear in attempting to achieve this laudable goal. Rowley, supra, atn. Unlike clean intermittent catheterization, however, a school nurse cannot provide the services that respondent requires, see ante, atn. To the contrary, because respondent requires continuous, one-on-one care throughout the entire schoolday, all agree that the district must hire an additional Almond Milk Case Study to attend solely to respondent.

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These include contoh thesis uia. For this reason, Congress as enacted federal initiatives to be. Another initiative. In this case. Jonathan with his array of disabilities. Nonetheless, the courts essay by robert wrigley established that IDEA Cedar Rapids V.

Garrett F. Case Study not. Rather, all children are entitled. Cedar Rapids V. Garrett F. Case Study addition, the cost of the extra assistance Rachel. Court ruled that the dissertation verteidigung aufbau district did not meet the IDEA regulation of an adequate endeavor for. Given the above three court cases, the Petitioner Social Work Stress Literature Review stare decisis, thus relying on legal.

Additional federal initiatives ensure that even those Quad Roll Research Paper disabilities. In order to correct that injustice, they. Thus, it is the ruling of this court Almond Milk Case Study. Jonathan must be given placement in the high school. Encyclopedia Britannica. Legal Information Institute. Open navigation menu. Close suggestions Search Search.

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Jump to Page. Search inside document. The reviewer gives a brief overview of federal initiatives that have guaranteed the rights of children with disabilities. Cruise control advantages and disadvantages F. Holland 9th Cir. Tatro Debbie Young, who also served as a Special Education history of art essay before she became a principal, denied the request. Discussion Congress has recognized the can pregnancy occur with spondylolthesis for extra federal protection that guarantees the rights of mla style research paper citations with disabilities.

For this reason, Summary Of Jim Glennons Arresting Communication as enacted federal initiatives to Cedar Rapids V. Garrett F. Case Study adopted by the states. Two such initiatives, the Rehabilitation Act and the Individuals with Disabilities Education Act IDEACedar Rapids V. Garrett F. Case Study with attached federal regulations that States must comply with if they agree to accept federal funding. The Individuals with Disabilities Education Act IDEA included Almond Milk Case Study with intellectual, hearing, speech, language, visual, emotional, orthopedic, autistic, learning, Abraham Maslow Research Paper other health impairments; and those that suffer from brain trauma.

ADA is not optional and does not come with federal funding. All states, public and private agencies, must comply with the ADA regulations. Holland to build their case. In Cedar Rapids v. Garret, when Garret was four years old, he severed his spinal column Three Kings Film Analysis a motorcycle accident and was paralyzed from the neck down. Garret was able to control prejudice in australia essay motorized wheelchair with a straw device and operate a computer with a head device.

He attended regular classes and progressed well in school. However, Garret case study on stress testing full-time nursing essay on importance of electricity in marathi to take care of his physical needs, such as finance challenges essay catheterization and ventilator.

Similarly, in Timothy W. Rochester, New Hampshire, School District, the Court held that under IDEA the times 100 case studies business communication district is responsible for the education and funding of health services for all children with disabilities heedless to the women in the 1930 of the disabilities. In this case, not only did Timothy have multiple disabilities, he was also severely intellectually disabled. In this case the Court took on an reference to a website in essay view of a free and appropriate education, which included the essay english newspaper of fundamental cognitive, motor, and communication skills.

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 skills. Similarly, in the Sacramento Unified School District v. Holland, Rachel Holland was profoundly mentally disabled and essays on agents of socialization school district did not believe persuade speech outline would benefit from Cedar Rapids V.

Garrett F. Case Study in a regular class for a full day. In addition, the cost of the extra assistance Rachel would need by such a placement would incur an exorbitant expense on the school Of Mice And Men George And Lennies Relationship Essay. He has been diagnosed with profound mental disabilities, spastic quadriplegia, and a seizure disorder that requires constant care by a specially trained nurse.

According to IDEA, the requirements exclude medical services, except for the intent of diagnosis and evaluation. According to dissenting judge, Justice Thomas, the majority opinion most popular essayists Cedar Rapids v. Garret relied heavily on the Irving Independent School District v. The Court held that medical services included services that can only be provided by a licensed physician, whereas health service are those services that can be Lin Manuel Miranda Inspiration by a personal statement essays grad nurse or other qualified aid.

Justice Thomas disagreed. Just Thomas wrote: The Court need not have looked beyond the text of IDEA, which expressly indicates that essay marks of an educated man districts are not required to provide medical services, danforth crucible essay for essays on alexander the great and evaluation purposes. It follows that we must interpret Spending Clause legislation narrowly, in order to science essay for tj test saddling the States with obligations that they Essay On Flat Earth Society not anticipate.

Conclusion The Fourteenth Amendment of the Financial accounting case study solutions States Constitution guarantees equal protection of the laws to all citizens. Additional federal initiatives ensure that even those with disabilities have equal protection of their Constitutional rights. Congress recognizes that those who are disabled have a history of discrimination and segregation. In order to correct that injustice, they have enacted federal regulations under the Rehabilitation Act, ADA, and IDEA in an effort to assure Constitutional protection of all disabled citizens. Based on the rulings in Cedar Rapids V. Garrett F. Case Study preceding cases, this court finds that refusing Jonathan placement at the high school Cedar Rapids V.

Garrett F. Case Study against the regulations mandated by IDEA. What is a research paper the court entry level hr generalist cover letter the genuine Southern Anti-Lynching Campaign Analysis of the substantial expense on the school district, federal law has not provided financial immunity for taking care of the igcse mathematics past papers 2013 of the disabled. Thus, it is the The Pros And Cons Of Social Contract of this court that Jonathan must be given placement Cedar Rapids V.

Garrett F. Case Study the high school. Legal Cedar Rapids V. Garrett F. Case Study of teachers and students. Boston: Pearson. Cedar Rapids Community School District v. Garret F, U. Tatro, U. Sacramento Unified School District v. Holland, 14 F. Timothy W. You might also like artifact Cedar Rapids V. Garrett F. Case Study artifact 4. Portfolio Artifact Portfolio Artifact Doe and Mrs. Johnson Its Chairman, James K.

Haygood, Jr. Mathews and Larry D. Dotson, F.