Timothy W. V. Rochester School District

1609 words 7 pages
Timothy W. V. Rochester School District

The provision of resources to handicapped children is subject to a wide variety of federal and state laws and statutes. However, due the varied and spectacular range of disabilities and combination of disabilities it is often difficult to easily decide who should receive benefits and who should not. Often debated both within the court system, and without, is the subject of whether the child with a severe disability can actually benefit from the services and resources being allocated to that student. Timothy W. V. Rochester School District addresses just that issue referred to as “Zero Reject.”

Timothy W. V. Rochester School District
The Case
Timothy W., Plaintiff, Appellant, v.
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Supporting and Precedence Case Law
With the Timothy W. case the burden of proving that a child can benefit from education is removed and the requirement for accommodation has been placed on the school district. What must the school provide is further delineated by Sacramento City Unified School District v. Holland, which further states that LRE can be supported by modifying curriculum and provision of a part-time aide. Georgia Association of Retarded Citizens v. McDaniel trumps the 180 day school year and mandates provision of summer school as well. Cedar Rapids v. Garrett F. supported in-school assistance stating under "related services" that IDEA compels schools to provide disabled students medical services.
Under Section 504 as well as Title II of the Americans with Disabilities ACT (ADA), schools must provide accommodations or modifications to meet the needs of disabled students. Section 504 of the Rehabilitation Act states that a person with a disability is any person who” (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a