From Casetext: Smarter Legal Research

Kevin G. v. Cranston School Comm

United States Court of Appeals, First Circuit
Nov 17, 1997
130 F.3d 481 (1st Cir. 1997)

Summary

holding that a school district was not required to move a nurse to a student's neighborhood school to comply with the IDEA

Summary of this case from J.T. v. Dumont Pub. Sch.

Opinion

No. 97-1785

Heard November 7, 1997

Decided November 17, 1997

Richard J. Savage for appellants.

William F. Holt, Assistant City Solicitor, for appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND, [Hon. Francis J. Boyle, U.S. District Judge].

Before Stahl, Circuit Judge, Aldrich and Coffin, Senior Circuit Judges.


Kevin G. is an eleven year-old boy who suffers from several medical conditions, including respiratory problems requiring use of a tracheal tube for breathing. He appeals the decision by the Cranston school district, upheld by the district court, to place him in the Gladstone school rather than his neighborhood school, the Waterman school. We affirm.

Kevin G.'s medical conditions require that he receive medical care at school, including a full-time nurse. Gladstone is the only elementary school in the Cranston school district with a full-time nurse. Kevin G. acknowledges this, but argues that the school district has the responsibility to move a nurse teacher to Waterman. In a thorough opinion, the district court explained that while the Individuals with Disabilities Education Act ("the Act"), 20 U.S.C. § 1411-1415, requires the school district to provide a free appropriate education for children with disabilities, it does not require optimal results. See Kevin G. by Jo-Ann G. v. Cranston School Committee, 965 F. Supp. 261 (D.R.I. 1997). Thus, while it may be preferable for Kevin G. to attend a school located minutes from his home, placement in Gladstone satisfies the Act. Gladstone, which is located only three miles from Kevin G.'s home, meets all his educational and medical requirements. The school district has an obligation to provide a school placement which includes a nurse on duty full-time, but it is not required to change the district's placement of nurses when, as in this case, care is readily available at another easily accessible school.

Accordingly, we agree with the district court that the Gladstone placement satisfies the requirements of the Act.

Affirmed.


Summaries of

Kevin G. v. Cranston School Comm

United States Court of Appeals, First Circuit
Nov 17, 1997
130 F.3d 481 (1st Cir. 1997)

holding that a school district was not required to move a nurse to a student's neighborhood school to comply with the IDEA

Summary of this case from J.T. v. Dumont Pub. Sch.
Case details for

Kevin G. v. Cranston School Comm

Case Details

Full title:KEVIN G., A MINOR, BY JO-ANN AND ROBERT G., HIS PARENTS AND NEXT FRIENDS…

Court:United States Court of Appeals, First Circuit

Date published: Nov 17, 1997

Citations

130 F.3d 481 (1st Cir. 1997)

Citing Cases

White ex Rel. White v. Ascension Parish Sch. Bd.

All of our sister circuits that have addressed the issue agree that, for provision of services to an IDEA…

J.T. ex rel. J.T. v. Newark Bd. of Educ.

PartiesMcLaughlin v. Holt Public Sch. Bd. of Educ., 320 F.3d 663, 672 (6th Cir.2003) (LRE provisions and…