FYI/OT-Pete comments on US Supreme Case Arlington v.

[Guest guest]

An Expert Prediction: Parents Face Long Odds in Supreme Court Case on Special

Education

Published: April 24, 2006

by:

" The most recent case concerning the rights of special education students and

their families to reach the U.S. Supreme Court hasn't generated nearly the same

amount of public and press attention as last year's decision in Schaffer v.

Weast. (In that case, the justices ruled that the burden of proof in special

education cases lies with whichever party is bringing the complaint, rather than

automatically falling to the school district.)

Yet v. Arlington, in which the justices heard oral arguments on April 19,

2006, could have a far more pronounced impact on families that seek to challenge

the educational placements and services their children receive... "

(cont.)

http://www.connectforkids.org/node/4135

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More info:

Case Heard by the US Supreme Court on 4/19/06

No. 05-18, In the Supreme Court of the United States; Arlington Central School

District Board of Education v. P., and T.

Excerpt from: Amicus brief--in support of respondents

National Disability Rights Network and the Center for Law and Education

http://www.ndrn.org/amicus/briefs/0603edu_.pdf

" Parents are afforded the right to participate at every stage of the IDEA

process, and to be accompanied by their own expert at a due process hearing.

This opportunity to participate would be meaningless, however, if the parents

were required to pary thousands of dollars from their own pockets in order for

their child to receive the " free " public education guaranteed by the statute. As

this Court has recognized, IDEA's mandate of providing " free appropriate public

education " would be eviscerated if parents were required to choose between a

" free " education and an " appropriate " one... "

Amicus Brief --in support of petitioner

National School Boards Association, American Association of School Boards

Association and New York State Council of School Superintendents

http://www.nsba.org/site/docs/37900/37897.pdf