Jessica Walker
Legal Brief
February 20th

Legal Brief: Cedar Rapids Community School District, Petitioner v. Garret F.

In this case, Garret F was the plaintiff and the School District of Petitioner was the Defendant. After the Respondent's mother asked the school to pay for the health care services that were needed Petitioner appealed the judgment of the United States Court of Appeals for the eighth circuit which affirmed that Petitioner was financially responsible under the individuals with Disabilities Act , 20 U.S.C.S.& 1400 et seq, to provide continuous one-on-one nursing services for Garret. Petitioner argued that the related services that were required by 20 U.S. C. S. & 1401 (a) (17) did not include continuous one-on-one nursing services throughout the school day. The court affirmed the judgment that Petitioner school district was financially responsible under the Individuals with Disabilities Education Act to provide continuous one-on-one nursing services for respondent student.

Garret, the student, was parlayed from the neck down at four years of age from his spinal column being injured from a motorcycle accident. Although Garret was disabled he was a nice and smart boy. Garret's mental capacities were unaffected when he was injured. Garret could speak, control his wheel chair on his own and he could use a computer through head movements. He also attended regular classes in a typical school program and had a success with his academic performance. Garret was however ventilator dependent, which meant that he, breathed with external aids. Garret needed assistance with urinary bladder catheterization once a day, suctioning of his tracheotomy tube when needed , assistance with food/ drink at lunch time, in getting in reclining position for five minutes of each hour , ambu bagging (manual pumping of air bag for air) , and assistance from someone familiar with his ventilator in an event it malfunctions so they could perform emergency procedures. During early years his mother, aunt and many other family members completed his physical care during the school day, but after years of using settlement proceeds Garret's mother asked if the District would take care of the health care services that Garret needs during each school day. Her request was denied by the district ,believing it was not obligated to be responsible for the care he needed.

One of the legal concepts used in this case is the act of appeal, which is to ask a higher-level court to review the case for mistakes of law. For instance Petitioner school district appealed the judgment the United States Court of Appeals because they believed they should not have been held financially responsible for the respondent's services. Another legal concept would be statutory law, which would be an origin of duty in which statutes of law often specify duties of one party to another. For example the Individuals with Disabilities Act was created to "assure that all children with disabilities have available to them… a free appropriate public education which emphasizes special education and related services designed to meet their unique needs," 20 U.S.C. &1400© Therefore Garret's unique needs were special one-on-one care services daily during school so that he could have an education available to him. Another concept is related services, which means transportation, such developmental, corrective services, speech pathology, audiology, psychological services, physical therapy, occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, and medical services. Another Concept is public invitee, which is when the land is open to public such as a community park or school. The visitor is invited to enter and remain on the property for a purpose for which the property is held open to the public. In this case the respondent spends each day at the school, which puts this case into the public invitee duty of care area.

The population of Kinesiology Health and Studies Professionals that would be impacted by this case would be many different occupations that deal with a special population such as a coach, physical education teacher, occupational therapist or even a health care consultant. These Kinesiology professionals will deal with a case like this whether it is a patient trying to get their occupational therapy paid for by the government or insurance or whether it is a student in their class that cant afford