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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: moog

Most ADHD kids are fine after they get out of school according to studies-assuming they haven't been dumped in bad sped programs and allowed to rot.


241 posted on 11/17/2005 9:38:23 AM PST by nyconse (a)
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To: hadit2here

You know-not all kids are ready to learn their colors at three. Part of the problem is we push kids to hard and to early. Scientific study has proven that the optimum age to teach reading is 7-so we teach it a 4 or 5?


242 posted on 11/17/2005 9:43:20 AM PST by nyconse (a)
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To: Amelia

They have goggle searches. Better to read opinion articles than listen to us, who have actual experience in this area.

Some want any reason under the sun to hang onto their hateful biases.

Some feel strong by picking on the weak. It is a flaw in our human nature.


243 posted on 11/17/2005 11:53:04 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: OKIEDOC

Well, the Bible teaches us that it is a waste of time to rebuke a mocker.


244 posted on 11/17/2005 11:54:57 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: SoftballMominVA

Very wise words.


245 posted on 11/17/2005 11:59:55 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: Diva Betsy Ross
Did you actually read those 2 articles? They are identical, down to the syntax with NY and OK switched. They are not specific to those 2 states at all, just boiler plate stuff someone thought up.


Also, they are somewhat out of date, being several years old.

246 posted on 11/17/2005 12:42:03 PM PST by Thoeting
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To: Thoeting
Here is one for a little more than 1 year ago and is my favorite..

here

And if you really believe that the Heartland Institute is "just boiler plate stuff someone thought up", then you show that you took a wrong turn at DU. Those articles are based upon the research of the Heartland institute and any one can see that they are respected enough that two source's I found on a whim trust them... something you may wish to know about the source which you mock, Heartland Institute's site is a public policy-oriented sites dedicated to building and uniting the conservative movement. This is where policy makers, congressional staffers, conservative activists, and media workers regularly come for information and research on a broad array of issues.

247 posted on 11/17/2005 1:39:03 PM PST by Diva Betsy Ross (Code pink stinks)
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To: tuckrdout

RIgggghttt.. why should anyone query the largest library of human knowledge ever to exist in order to find stats,fact and research on a topic from respected conservative sources when one can blindly follow an anonymous person , with a chip on their shoulder,on a message board. Oh, silly me..(LMAO)


248 posted on 11/17/2005 1:56:10 PM PST by Diva Betsy Ross (Code pink stinks)
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To: amailmanyouknow
Hi- is is customary if you are referring to someone in your post that you ping that person to let them know so they may respond.

You seem interested in my son, it appears from your comment here.

Time will tell what gifts my sons has... chances are he is a good old fashioned musical genius with a bad temper when someone interrupts or tries to stop his creative thought process. He has a number of world famous musicians in his ancestry - so it would not be that much of a surprise to anyone if he followed suit. It is called DNA.

249 posted on 11/17/2005 2:13:53 PM PST by Diva Betsy Ross (Code pink stinks)
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To: The Ghost of FReepers Past; Diva Betsy Ross
Until the last few years, many school systems were reluctant to evaluate a child with ADHD. But recent laws have made clear the school's obligation to the child suspected of having ADHD that is affecting adversely his or her performance in school.

Some students may be eligible to receive special education services under the Individuals with Disabilities Education Act (IDEA). Under the newest amendments to IDEA, passed in 1997, AD/HD is specifically mentioned under the category of “Other Health Impairment” (OHI). We’ve included the IDEA’s definition of OHI below. Other students will not be eligible for services under IDEA. However, they may be eligible for services under a different law, Section 504 of the Rehabilitation Act of 1973. (bolding is mine, but you'll notice not all students who are diagnosed as ADHD are eligible for special education services, so it's not true that "Every ADD or ADHD diagnosis is more money for the school.")

Like the NIMH, I've found that schools are less likely to want students labelled disabled or special education for ADHD than parents are.

250 posted on 11/17/2005 3:00:12 PM PST by Amelia
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To: Diva Betsy Ross
My main point was that your posting of the articles indicated that they were 2 separate articles about the same issue. They are not. The articles are identical, with the exception of the state names.


So, because I dared to disagree with you, I am from DU? Did you bother to check my profile before you posted that? Your knee jerk reactions give us true conservatives a bad name.

251 posted on 11/17/2005 3:04:54 PM PST by Thoeting
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To: Amelia
They do not have to get special services to qualify for extra funds.

School employees get money one way: from the taxpayers. They are 24/7 whining for more. You will never convince me that that doesn't come in to play here, at least some of the time. Being a school employee does not make you exempt to greed.

252 posted on 11/17/2005 3:12:07 PM PST by The Ghost of FReepers Past ("The President and I cannot prevent certain politicians from losing their memory, or their backbone)
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To: Amelia
I never said anything about all ADD students anything...or all special ed programs. The fact is that many people agree there is fraud in the public school system on this topic. And yes,of course ,there is another side to it. There are plenty of experts who will state the opposite of what my experts say. For example, some experts believe that the mysterious increase of children with ADD is .. well mysterious. I happen to think not.

I happen to agree with many business leaders, conservative thinks tanks, whole health care physicians, conservative educators and my own "lying" eyes-who all point to there being many different reason for this increase, including outright fraud by some in the public school system and mental health fields.

253 posted on 11/17/2005 3:30:52 PM PST by Diva Betsy Ross (Code pink stinks)
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To: nyconse

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

It didn't surprise me any. If the Peta people would come forward with a straightforward message and stop resorting to terrorist type tactics, then more people would get their message whatever that is.


254 posted on 11/17/2005 3:37:00 PM PST by moog
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To: nyconse

st ADHD kids are fine after they get out of school according to studies.

I've seen a LOT turn out fine without looking at studies.


255 posted on 11/17/2005 3:37:39 PM PST by moog
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To: tuckrdout
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.

Your last sentence is right on the money. Nonetheless, the special ed teachers at my school have been VERY dedicated individuals.

256 posted on 11/17/2005 3:48:02 PM PST by moog
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To: The Ghost of FReepers Past
They do not have to get special services to qualify for extra funds.

Prove it. Document it.

You will never convince me....

I guess further discussion is unnecessary, then, since no evidence will suffice?

257 posted on 11/17/2005 5:30:48 PM PST by Amelia
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To: Amelia
Even the NEA admits there could be incentive to mislabel students due to the weighting system of education funding. See page 12, Would there be incentive to mislabel students

You are just mad because I won't say teachers and educrats are perfect humans and above reproach. No one is. Teachers are no more or less human than politicians, lawyers or used car salesmen. It's rough when your money comes from taxpayers. That I admit. But the efforts to get more money are often shameful.

258 posted on 11/17/2005 5:44:17 PM PST by The Ghost of FReepers Past ("The President and I cannot prevent certain politicians from losing their memory, or their backbone)
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To: jamaly

dYou Said:
"My question is: what is the point of spending taxpayer funds on a severely handicapped child that will never be able to work or be a productive citizen?"

I Say:

There is only one other solution and we rejected that in WWII!


259 posted on 11/17/2005 6:32:40 PM PST by Bonafide (Everything is Simple When You Understand It!)
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To: The Ghost of FReepers Past
You are just mad because I won't say teachers and educrats are perfect humans and above reproach.

*snicker* I'm not mad at all. I'm a little amused that this is the best argument you can muster.

260 posted on 11/17/2005 6:41:32 PM PST by Amelia
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