Shelby S. Ex.Rel. Kathleen T. Thesis

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Shelby filed a notice of appeal and asked the 5th District Court to rule.

Discussion -- This case focuses on the question of circumstances that surround a school district's ability to compel and medical examination of a student, when that student's parent or guardian refuses it. To receive proper aid under IDEA, an evaluation must meet minimum Federal requirements. The IDEA act, in fact, states that a reevaluation is necessary when the school district needs materials that are essential to assessing a child's special education needs. Because the hearing officer and IDEA program recommended a non-invasive evaluation, the Court concluded that it was in the best interests of all parties that that evaluation occur. Shelby is free, however, to decline special education rather than submit to an examination. Conroe is not asking for the test, the test is required by the Federal government. Instead, the district is telling the Court that they are required to have certain procedures done or the student may not be matriculated into the district or eligible for Federal monies.

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Findings - The Fifth Circuit determined that a school district could compel a guardian of a medically fragile student to either consent to a medical evaluation needed to update the child's IEP, or agree that she should not receive special education. The ruling is important in that it establishes case law in which the school district and/or state may compel a child to have evaluation should that set of criteria be deemed necessary to protect the child's health and educational opportunities. Without the evaluation, a school is within rights to refuse IEP or special services (Parry, 2008, 329).

WORKS CONSULTED

Parry, J. (2008). Disability Discrimination Law, Evidence and Testimony.

American Bar Association.

Shelby Bnf Kathleen T. v Conroe Independent School District. (2006). Cited in:

http://openjurist.org/454/f3d/450/shelby-kathleen-v-conroe-independent-school-district

"Shelby S. v. Conroe ISD. Cited in:

http://www.cirkielaw.com/id38.html

"Special Child," Special Child.com cited in: http://www.specialchild.com/index.html.....

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