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Court Rules Against Special Ed. Parents
AP ^ | 11/14/5 | GINA HOLLAND

Posted on 11/14/2005 10:10:08 AM PST by SmithL

WASHINGTON -- The Supreme Court ruled Monday that parents who demand better special education programs for their children have the burden of proof in the challenges.

Retiring Justice Sandra Day O'Connor, writing for the 6-2 court, said that when parents challenge a program they have the burden in an administrative hearing of showing that the program is insufficient. If schools bring a complaint, the burden rests with them, O'Connor wrote.

The ruling is a loss for a Maryland family that contested the special education program designed for their son with attention deficit hyperactivity disorder.

The case required the court to interpret the Individuals With Disabilities Education Act, which does not specifically say whether parents or schools have the burden of proof in disputes. The law covers more than 6 million students.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: add; adhd; isntthatspecial; robertscourt; ruling; scotus; specialed
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To: tuckrdout
<> I read it, but thought that I read you said he was 3. Who can tell from all the rants?
221 posted on 11/16/2005 11:38:13 AM PST by amailmanyouknow
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To: amailmanyouknow

Oops! I thought the other woman wrote that!! Sorry Tuckrd!


222 posted on 11/16/2005 11:40:01 AM PST by amailmanyouknow
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To: tuckrdout

Oops! I thought the other woman wrote that!! Sorry Tuckrd!


223 posted on 11/16/2005 11:40:18 AM PST by amailmanyouknow
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To: tuckrdout

People don't get it, you know?

I am glad your son was not autistic. The traits probably run in the family, so I guess it seemed like it at first?

Very likely those who don't get money spent on their kids' education when they needed extra support, well, they are just jealous, or angry with themselves that they didn't make the effort. No matter what the reason, One day those who complain about the short bus and how much money our kids cost, one day they will get theirs. That's not under our control - everything nasty you say or do comes back to haunt you.


224 posted on 11/16/2005 11:43:42 AM PST by amailmanyouknow
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To: Skooz

LOL! There I go again, typing faster than I think!

Of course I was trying to say "Aspersions"....

LOL! Thanks for the laugh. And of course you were not casting Aspersions either....


225 posted on 11/16/2005 11:46:16 AM PST by tuckrdout (The good man wins his case by careful argument; the evil-minded only wants to fight. Prov. 13:2)
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To: amailmanyouknow

I didn't get any money! I didn't get any money!!

I spent a lot of money. I didn't know there was any money....

Whatever my kid took in Public school funds, he will pay back by being a productive, tax paying citizen.


226 posted on 11/16/2005 11:51:04 AM PST by tuckrdout (The good man wins his case by careful argument; the evil-minded only wants to fight. Prov. 13:2)
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To: amailmanyouknow

Easy to get mixed up. That is another letter to the Diva.


227 posted on 11/16/2005 11:54:04 AM PST by tuckrdout (The good man wins his case by careful argument; the evil-minded only wants to fight. Prov. 13:2)
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To: tuckrdout
I do believe that one of your handicaps may be that you do not understand what you are reading or the big words you are using.

Let me make it very simple for you then- I never spoke about your son's case- of course you are one of the people who has a real honest to goodness child with ADHD. I did suggest that there are alternatives to drugs- and labels and that not all of the children who have been labeled with ADD and ADHD actually have any disease other than being a genius ( you call that marginalizing them...) That fact has apparently has gotten you very upset.

I have always said that yes- there are a small percentage of children who really do have it.

So calm down- you are one of the real cases of ADHD! (*sigh*)

228 posted on 11/16/2005 12:12:55 PM PST by Diva Betsy Ross (Code pink stinks)
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To: jamaly

"I am so sorry to hear that your son is being treated so badly. Is there any other teacher you can request for your son?"

Probably not at this school. Part of the problem in California, and probably the rest of the country as well, is that there is a major shortage of teachers that have the proper training to teach "special ed". So, to get their foot in the door, many newly credentialed teachers that do not have the specialized training take accept those positions to get their foot in the school district door. They don't want to be there and are just marking time till they can get a better position.

At his previous grade school the teachers there were outstanding and did not allow the kind of garbage that he is having to deal with now.

We have tried to be patient with the school and have given them plenty of time to get there act together. This weekend I will write them one last letter telling them to get it together or face legal action. Hat to do it, but they have left us no choice.


229 posted on 11/16/2005 12:39:10 PM PST by PsyOp (Citizenship ought to be reserved for those who carry arms. – Aristotle.)
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To: tuckrdout

Exactly, Tuckrd.

The way I look at it, they can provide the education, or they will end up paying later anyway. Later costs more. Which is smarter?

But these people have to have SOMETHING to complain about. If our kids weren't able to be productive citizens one day, then they'd be accused of being a drain on the system.


230 posted on 11/16/2005 4:57:43 PM PST by amailmanyouknow
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To: Diva Betsy Ross

Whatever.


231 posted on 11/16/2005 6:10:05 PM PST by tuckrdout (The good man wins his case by careful argument; the evil-minded only wants to fight. Prov. 13:2)
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To: amailmanyouknow

LOL.... how many screen names are you going to sign up for?


232 posted on 11/16/2005 6:19:35 PM PST by Diva Betsy Ross (Code pink stinks)
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To: PsyOp

Get your son out of that school. No matter how, do it.


233 posted on 11/16/2005 6:27:39 PM PST by tuckrdout (The good man wins his case by careful argument; the evil-minded only wants to fight. Prov. 13:2)
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To: moog

In fact, twice I had a school try to get my son OUT of the special ed program! They did not want to provide services. It costs money, and it is a pain! There is so much paperwork and so much extra work for the school.


234 posted on 11/16/2005 6:33:41 PM PST by tuckrdout (The good man wins his case by careful argument; the evil-minded only wants to fight. Prov. 13:2)
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To: The Ghost of FReepers Past
Every ADD or ADHD diagnosis is more money for the school.

I am pretty sure this is not true. Do you have any evidence that it is?

235 posted on 11/16/2005 6:47:43 PM PST by Amelia
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To: tuckrdout
Wow excellent comment to your hard headed nemesis.

Some people just won't admit that they give the extremists on the left ammunition to shoot us down.

Being a hard ass on kids is not good for any side.

Keep up the good posts and don't give in, never.
236 posted on 11/17/2005 12:19:50 AM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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To: Amelia

I have some evidence. That doesn't mean it's everywhere. But human nature is what it is. That's a lot of proof too. You know what they say, "Follow the money." It is a strong motivator, even when it creates its own sort of trouble.


237 posted on 11/17/2005 6:50:07 AM PST by The Ghost of FReepers Past (The nastiness of evolutionists proves one theological point: human depravity..)
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To: Amelia
It is called Bounty Funding.

One of the Many articles I found on the topic from a simple google search

From the link: "The funding system used in New York and most other states, which some education officials candidly refer to as “the bounty system,” pays school districts more for each additional student diagnosed with a disability. This provides a perverse financial incentive for schools to diagnose more students."

238 posted on 11/17/2005 6:58:00 AM PST by Diva Betsy Ross (Code pink stinks)
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To: OKIEDOC
Thought you would be interested in this, from your very own Oklahoma:

Oklahoma’s ‘Bounty System’ Pays Schools to Push Healthy Kids Into Special Ed

BTW- you are so transparent, it is funny, OS. LMAO.

239 posted on 11/17/2005 8:16:47 AM PST by Diva Betsy Ross (Code pink stinks)
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To: moog

Yep...you said it. My 14 year old daughter was shocked to find out Peta murders animals in their care.


240 posted on 11/17/2005 9:36:31 AM PST by nyconse (a)
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