1) Using the following case example, please write a coherent essay that defines the

following:

Identify which principles of IDEA are an issue in the case and define each principle you
identify.
If you were the hearing officer or judge in this case, for whom would you decide: the
Tatros or the Irving SD?
Illustrate the case law precedent associated with the principles you named above, (using
the name and issues of specific legal cases that created that precedent) and /or include at
least three cases that are related and/or support the decision you made above.

When Amber Tatro entered the school system at three and a half years of age she was
successfully placed in the special education program. However, Amber was born with spina
bifida which prevented her from going to the bathroom on her own as she was paralyzed
from the waist down. Therefore, she needed a catheter inserted every two to three hours.
The school district stated they did not believe that they were responsible to take care of this
need. Conversely, the Tatro family believed that since Amber qualified for special education,
that the schools are required by law to provide the needed services for a child to be
successful in school and therefore should cover the insertion of a catheter. Without
catheterization, Amber would not be able to remain in school or the family would have to
bear the cost/responsibility to provide the catheterization. (Case: Irving Independent School
District v. Tatro)
Write a concise, brief essay. Do not pad your answer with extra information that is not relevant
to this case. (20 points)
The School district is held responsible to provide services for health concerns of which can be
administered by a non-physician. If the family prefers a personal physician to accommodate their
childs health needs, the responsibility of paying for the private physician is put on the parents.
However, if a non-physician can be trained to perform the daily tasks then the school district will
provide the service.
The law does not state what is absolutely best for the child, but what is appropriate. I believe a
non-physician can be trained to perform the daily tasks needed to keep the child in school. It is
dependent upon the parents feeling comfortable with a non-physician taking care of Ambers
health concerns.
Free education helps to implement the education for all students despite any special need. The
law indicates service of a non-physician can and will be provided by the state thus being a free
service for the parents. Whereas, a personal physician is not covered by the state under law.
If I were the judge in this hearing I would provide a settlement where the school agrees to fund a
non-physician assistant to help take care of Amber throughout the day. Training for this individual
will be done before they start and will be updated every month to make sure they are doing
everything correctly. The parents have the opportunity to help train this person, and even assist
the school in hiring. However, the school has the final decision on whom they choose to hire. This
person must have at least 5 years experience in para-educating, or medical assistance in some
form.

2) Identify a case law which helped to define the IDEA principle (1 point each, 4 points
total):
FAPE: Mills and Rowley
LRE: Holland and Daniel R.R.
Zero Reject: Timothy W.
Procedural Due Process: PARC

3) Identify the professional who (1 point each, 4 points total):

Works under the direction of a teacher or other school professional to help in the delivery of
services for students with disabilities
___School Special Education Teacher_________________________________________

Is licensed to administer intelligence tests and other assessments used in determining whether a
student is eligible for special education services:
____School Psychologist________________________________

Provides day-to-day instruction and other support for students with disabilities
Either school Special Educator or General education TeacherDepending on the childs disability

Is knowledgeable about the expectations of the curriculum for the grade level and implements
instruction enabling diverse learners to succeed
__General Education Teacher__________________________________________

1) What is the two-prong test established in the Daniel R.R. case (e.g., clarify how
a school district would use each prong to make decisions about a case)? (4
points per prong) Identify the IDEA principle associated with this case and list
the six levels associated with placement under that principle. (4 points)
Prong #1: Can Education in a regular classroom with the use of supplemental aids and services
be achieved satisfactorily?

Academic Benefits: To what degree is the child benefiting academically from placement in
a regular classroom setting?
Nonacademic Benefit: To what degree is the child benefiting in a nonacademic ways from
the placement in a mainstream setting?

Classroom Management: To what degree is the child disruptive to other students or to the
teacher in a general education classroom?
Cost: What is the financial cost on the school district relative to the mainstream
classroom?

Prong #2: If not, has the school mainstreamed the child to the maximum extent appropriate?

What modifications and supports in a regular classroom have been considered?

Has each subsequent possible placement in the continuum of service been considered?
Are physical, emotional and social hardships been placed on a child?
What benefits can be provided in a special education classroom that cannot be provided in
the mainstream?

This falls under Least Restrictive Environment (LRE).

1)
2)
3)
4)
5)
6)

General education classroom

General education classroom, with a set time to be in a resource room.
Special education classroom
Special education classroom with a set time to be in a resource room.
School designated for special needs children
At home and hospital care education.