Law

The case is about Katherine, born in 1976 suffering from cystic fibrosis and tracheomalacia (softening of her windpipes). For this reason, she needs to wear a tracheostomy tube to allow her to breathe and expel mucus from her lungs. She also has to undergo some speech therapy. Obviously, Katherine suffers from a rare physical disability that can affect her mentally and her day to day normal activity.  In this difficult situation her education is also affected. She should have been under regular district school but the teachers seemed reluctant to perform any prescribed emergency medical health services like suctioning of her lungs and reinserting the tube should it be dislodge. The DOE offered option of homebound program but this would not give her the freedom to be in a regular classroom environment. Due to this, her parents opted to send her to a private preschool at St. Philomenas Child Care Center. Under EAHCA or Education for All Handicapped Children Act of 1975, she is entitled to the free appropriate public education so the DOE is responsible for reimbursement of her tuition fees spent at that private preschool.

Considering the facts presented we can see here that handicapped children are eligible for protection and privileges of regular classroom if proven that their disability will not cause undue disruption. Certainly, the child is considered a special child with special needs. Since she is capable to attend regular school, this should not be denied to her. Teachers are reluctant to care for her partly because of her sensitive need that requires special medical training.

How has the case benefit the mentally challenged
This case has demonstrated the growing needs for special education benefits for children with disability including equal and fair educational privileges. The government should enact effective laws that would cover even rare medical cases like of Katherine. Many children like her could be neglected if their needs are not properly acknowledge.