Evan Simpson Case Study

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Case Assessment Memorandum Evan Simpson is a 15 year old boy with Duchenne muscular dystrophy. Evan has no learning disabilities. Evan has a tracheostomy that becomes blocked, and requires clearing. Ms. Simpson would like for the school to provide a nurse to stay with Evan throughout the day. The School District would like to place Evan in the class for SXI students where the nurse is based. Evan’s doctor has recommended a LPN to be with Evan 24 hours a day. Ms. Simpson approached the school about altering Evan’s IEP to provide a nurse at school. The director claimed that the school had neither the responsibility nor the funds to provide a nurse for Evan. The director suggested that Evan be placed in the SXI class, so a nurse…show more content…
This was established in both Cedar Rapids Community School District v. Garret, 119 S.Ct. 992, (U.S. 1999); and Roncker v. Walter, 700 F.2d 1058, (1983). In the Cedar Rapids case, the student was dependent on a ventilator, and his mother asked the school to provide the necessary health service for him to attend school. The school district argued that their responsibilities did not include the necessary one on one nursing services that would be required throughout the day. The court determined that the school could not depend on the financial aspect to define related service or to exclude medical service. The court also ruled that the school district was financially responsible under the IDEA to provide continuous one on one nursing services for the student. In Roncker, the parent challenged the school’s placement of her retarded child. The court found that the school’s placement decision was an abuse of discretion, and remanded the case for review. The court emphasized that the proper standard of review is to allow the parent the opportunity to argue that there was evidence to justify class certification, and other issues. Ms. Simpson may rely on these cases, as they relate to the current situation. The school districts claim to not have the resources or funds will not support their position, as shown in the Cedar Rapids case. It is clear that the school district is required to provide continuous one on one care, regardless of its cost. Also, as Roncker establishes, Ms. Simpson should be allowed the opportunity to provide evidence challenging the placement of Evan in any situation other than the normal high school
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