Posted on 06/22/2009 4:21:53 PM PDT by STARWISE
The Supreme Court took the side of parents of children with disabilities today, ruling that they can claim reimbursement for the cost of private schooling if the public system failed to offer an appropriate program for their child.
The 6-3 decision settles a heated and costly dispute that has arisen across the country. It also deals a potentially expensive setback to public school systems that are strapped for money.
At issue was who must pay the cost if parents of a child with a disability withdraw him from public school and send him to a private school.
In a case from Oregon, school officials argued they should not have to pay the high cost if parents act unilaterally.
*snip*
The Supreme Court upheld that decision today. The justices said the federal law imposes a public duty to provide a "free, appropriate" education for all children with disabilities.
(Excerpt) Read more at chicagotribune.com ...
This will be a VERY expensive decision. VERY.
Now all those public schools that labeled healthy kids ADHD are gonna have to pay for their private schooling?
Powder..patch..ball FIRE!
YEP!!!
The ADA is one of those liberal gifts that keeps on taking.
Parents of children with disabilities often are in denial regarding the capabilities of their children and the ability to improve their condition/capabilities.
They also will always find advocates who will support them and schools lack the resources to fight them.
This is an open check book to rob the state of funds that can be used elsewhere.
I say this as a husband of a wonderful wife who works with special needs kids at a local school district. She has a heart of gold and loves 'her kids'.
But the parents, the advocates, the lawyers, that is a whole other story.
At any rate, paying $5,000 a month for any school is a tad expensive.
You could hire two full time teachers to come home and baby-sit the child for 16 hours a day with that money
There will be some disabilities that will probably require a full time minder, or assistant, throughout the school day. An extremely expensive court opinion as several have said.
All the Court did was interpret the statute. I'd say the expensive decision was Congress's decision to pass IDEA.
They also will always find advocates who will support them and schools lack the resources to fight them.
This is an open check book to rob the state of funds that can be used elsewhere.
I say this as a husband of a wonderful wife who works with special needs kids at a local school district. She has a heart of gold and loves 'her kids'.
But the parents, the advocates, the lawyers, that is a whole other story.
Agree!!! Have never understood why this give away was necessary. The disability stuff should not start until the kid is 21 also.
sounds like that is correct...
Well said. I'm not saying the school should just warehouse a child, but too often the remedy demanded by the parent is unrealistic. For each dollar spent on an an unrealistic goal, there is one less dollar spent on another child.
I am a heartless SOB that thinks that God is still in control, and science just delays the inevitable...
As usual, Congressmen will stand there and say 'who me?'
I am primarily referring to therapy (Speech, OT, PT, etc.) where a lot of benefits can be obtained by special need kids at an early age, but often times the therapists can only do so much.
My wife has gone through some big time disputes with parents who want their kids to write cursive style, when my wife would be happy if they could just learn to hold a pencil.
Parents often are blind to this as they see with their hearts and dreams while one does feel for the parents, they simply are not facing reality.
I am sure there are cases like that, but as someone about to marry a woman with a child with sever autism I can tell you that our local public schools are completely ill repaired to deal with him.
True, and then you have the parents that want the crazy check!!
Even the SOCUS has come to believe that services provided by the government are FREE. We no longer have any recourse in the courts - not at any level. Looks like we will have to find some other way to take back our country.
I am certain that many school districts are ill prepared and thus one needs to consider the specifics of a given area/district.
In my wife's case the district as 'magnet' schools where the kids are taken for therepy. The problems come from the parents who have money, combined with high expectations.
If a district does not have therapists, then that is a different case.
So why isn't everyone eligible for a voucher when the district school is a failure?
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