Portfolio Assignment #5 1

Portfolio Assignment #5

Portfolio Assignment #5

Jodie Robinson
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Disability Discrimination

Students with disabilities are faced with many challenges including where to attend school.

The family must be able to select a school where the students needs are met and can receive

proper care. Even though every child has the right to an education, there are some examples

where the school can deny the child of this opportunity. In this example, Debbie Young is a

principle who denies a child with disabilities to enroll in her school. The child, Jonathan, has

disabilities so severe that they require a specialized nurse and constant treatment. Debbie refuses

his enrollment because she feels that the school cannot afford the cost of his treatment and that

her school is not the best place for Jonathan. One can see both sides of this case and even though

one may think he is being discriminated against, Jonathan needs the best school for his needs.

When it comes to Jonathan, Debbie Young can win her case in court as long as she is able

to prove that she was not discriminating against him and his disabilities. She must also prove that

he was not able to meet the qualifications of her special education program. In the case

Southeastern Community College v. Davis, a student with a hearing impairment which required

special equipment was rejected by the school nurse (Rose,N.D.). The school was able to deny the

student his admission because they were able to prove that he did not meet the qualifications of

their program. The court also ruled that despite the students handicap, the school was not forced

to change their policy for admission.

Another example Principle Young can use in her defense is the case Wynne v. Tufts

University of Medicine. In this case a student with a learning disability was dismissed from his

school because he was not participating in testing that was part of his terms in order to be

enrolled at the school (Rose, N.D.). The court ruled that institutions have a duty to accommodate

students with disabilities and they do not have to lower their academic standards because of one
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students refusal to participate. By using examples like these, Principle Young can win her case

by proving she was acting in the best interest of the child and her special education program.

Even though Principle Young may feel that she is doing the right thing, Jonathan and his

family can win their case against her by proving that they were being discriminated against

because of his disability. In the case Pushkin v. Regents of the University of Colorado, an M.D.

with multiple sclerosis was denied a medical residency in the Psychiatry unit because the

institution was worried with how patients would react to him (Rose, N.D.). He was able to win

his case by proving that the institution discriminated against him and his disability. He also

provided several notes from doctors and therapists stating that he was fully equipped and

competent for the residency.

Another case that Jonathan and his family could use as an example is the case Gukenberger

v. Boston University. In this case students with learning disabilities were denied the substitution

of a foreign language credit (Rose, N.D.). The students were able to prove the university was

discriminating against them and their disability. The court also stated that the university was not

able to show that the substitution for a learning credit did not lower their academic standards. By

using cases like these as an example, Jonathan and his family can win their case by proving that

Principle Young was discriminating against him and his disability.

Overall, this case can go either way. Jonathan and his family feel that Principle Young is

being unfair and discriminating against him because of his disability. When on the other hand,

Principle Young feels she is looking out for what is best for him and feels that her school is not

the right match. By proving that Jonathan does not meet the special education standards that her

school has, I believe that Principle Young can win her case because she is looking out for what is

best for Jonathan who requires things that her school just does not have.
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References

Rose, Brian (N.D.). Student Services Division of Student Affairs. Court Case Studies-Nine Court

Cases That Have Shaped Higher Eduaction. Retrieved from

http://www.hunter.cuny.edu/studentservices/access/court-case-studies