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G. v. Cranston School, 97-1785 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1785 Visitors: 8
Filed: Nov. 18, 1997
Latest Update: Mar. 02, 2020
Summary: , ____________________, Richard J. Savage for appellants. Gladstone is the only, elementary , school in the Cranston school district with a full-time, nurse. Thus, while it, may be preferable for Kevin G. to attend a school located minutes, from his home, placement in Gladstone satisfies the Act.
USCA1 Opinion






United States Court of Appeals
For the First Circuit
____________________

No. 97-1785

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

Plaintiffs, Appellants,

v.

CRANSTON SCHOOL COMMITTEE AND KATHLEEN F. DELUCA
IN HER OFFICIAL CAPACITY AS TREASURER FOR THE CITY OF CRANSTON,

Defendants, 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.

____________________


Richard J. Savage for appellants.
William F. Holt, Assistant City Solicitor, for appellees.

____________________

November 17, 1997
____________________











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Per Curiam. 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. SS 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.




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Accordingly, we agree with the district court that the

Gladstone placement satisfies the requirements of the Act.

Affirmed.



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Source:  CourtListener

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