Case Study-Hurry vs Jones Essay

915 Words Mar 22nd, 2014 4 Pages
Michelle Vandeprool
March 10, 2013
SPD 616
IEP Case Study Review
Hurry v. Jones

Having reviewed the case Hurry V. Jones 734 F.2d 879 (1st Cir. 1984), at first reading of the case and with my novice awareness of the law I am seriously concerned as to why this ever went to court. IDEA and the constitution of the United States guarantee that students will receive a free public education no matter what their handicaps. The District should have provided some method by which this student could be educated. I am aware that people exceeding George’s weight are regularly transported to varying places if not by bus, by ambulance and other vehicles. A student like George needs all of the education
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As school was his only social and educational outlet.
In my opinion this court case was wasteful and in addition penalized the child which was unnecessary and of course set one more precedent for suing a school district. School districts are becoming more and more fearful of threats of litigation and having spoken to many teachers I realize that once this process is set in motion, teacher time is spent keeping all of the parties involved happy and out of court if possible. The school district seems to care more about the lawsuits then how or if they will benefit the student. If you can’t serve these students the school district needs to reassess its reason for existing. An example of this is, “The district court found these regulations “clear” and that in failing to reach the street level, defendants, “ignored their obvious duty” (Rothstein pg. 154). Let me point out that in support of this opinion that the courts awarded $1150 for out of pocket expenses for driving George to school. It calculated this expense by multiplying 92 days of school in 1976 and 1977 during which the school failed to provide transportation by Mr. Hurry’s $12.50 estimate of the weekly cost encored in transporting George himself. We have certainly demonstrated that the lawsuit financially benefited no one and improved things for George, not at all. This helps to prove that it was a law suit that could have been settled out of court by some creative thinking from all

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