LANDMARK CASES IN FORENSIC PSYCHIATRY:

Child | Education Related Services

Board of Education v. Rowley, 1982

Case Summary:

  • Rowley, a hearing-impaired student in the Hudson School District, was denied her request for a sign language interpreter. The school did provide tutoring and speech therapy, and administrators believed that Rowley could succeed without an interpreter.

  • Her parents sued the school district, arguing violation of her right to a free, appropriate public education as per the Education for All Handicapped Children Act (EAHCA).

  • US Supreme Court ruled that EAHCA requires only that public schools provide services that allow the student to benefit from instruction and receive an adequate education, not to reach their full potential. An interpreter was not required as she was receiving an adequate education.

Key Concepts:

  • Under EAHCA (later renamed IDEA), public schools are required to provide services that allow the student to benefit from instruction and receive an adequate education not to reach their full potential.

  • School administrators have flexibility

Irving Independent School District v. Tatro, 1984

Case Summary:

  • Tatro, a student of the Irving School District, required intermittent catheterization due to neurogenic bladder secondary to spina bifida. Tatro’s parents requested that the school provide catheterization, which was not included in her IEP.

  • The request was declined on the grounds that it was a medical procedure, not an educational service. Tatro’s parents sued, arguing violations of EAHCA and Section 504.

  • US Supreme Court ruled that catheterization is a “related service” under EAHCA as it permits the student to remain in school and access special education services.

  • Catheterization falls under “school health services”, as it could be performed by a layperson rather than a “medical service,”which requires a licensed physician.

Key Concepts:

  • Under EAHCA, public school students are entitled to catheterization, which is considered a “related service” that allows them to remain in school and access education services.