Supreme Court Expands Education Rights of Special Needs Students
Sep 21, 2017
San Francisco, CA (Law Firm Newswire) September 21, 2017 – The Supreme Court unanimously ruled that school districts must strive to offer special education programs that go beyond minimal teaching. Disability advocacy groups believe the decision could significantly expand the rights of the nation’s 6.4 million special needs students.
Chief Justice John Roberts said public schools must meet higher standards by developing programs that allow students to make progress and “have the chance to meet challenging objectives” in light of their disabilities. However, Roberts did not specify the nature of the progress, saying it varies according to the “unique circumstances” of each special needs child. He added that there should also be deference to the judgment and expertise of school officials.
“The Supreme Court decision provides school districts the opportunity to re-examine their special educational programs and ensure they are consistent with the newly clarified national standard,” commented special needs attorney Michael Gilfix. “Like other students, children with disabilities deserve to get the support necessary to help them advance in school and achieve meaningful educational goals.”
The ruling helped define the scope of the Individuals with Disabilities Education Act (IDEA). Under the federal law, public schools are required to provide special needs students with a “free and appropriate public education.” Lower courts have been divided on the standard of education the law guarantees. With its decision, the high court rejected a lower standard set by the Court of Appeals for the 10th Circuit.
The case concerned Endrew, an autistic teen in Colorado. His parents enrolled him in private school, saying their public school did not do enough to help their son make academic progress. The school district denied the parents’ claim for tuition reimbursement, maintaining it had fulfilled the minimum education standards required under federal law. Although the lower courts ruled against the parents, the Supreme Court unanimously sided with them.
Special education advocacy groups largely welcomed the high court ruling. They said it would help push schools to set more ambitious goals tailored to each student’s specific needs. However, critics argued the bar was not raised high enough to ensure that educational programs for disabled students were “substantially equal” to those of children without disabilities.
In addition, some school officials said that most districts are already providing special needs students with a sound education. They also warned that implementing higher standards could raise costs for certain school districts that are already struggling financially.
Gilfix & La Poll Associates LLP
2300 Geng Rd., Suite 200
Palo Alto, CA 94303
Telephone: (650) 493-8070
http://www.gilfix.com/
Facebook: Like Us!
- Mark Gilfix Article on Technology Innovation and Long Term Care in The Elder Law Report
Mark Gilfix has been keeping a close eye on innovation in the long term care space, and recently attended the Aging 2.0 “Optimize” Summit in San Francisco. He wrote an article sharing his insights with the The Elder Law Report, one of the top national publications for attorneys in the field. While at the Summit, […] - The financial toll of caregiving on special needs families
American families provide around 1.5 billion hours of unpaid at-home care to about 5.6 million special needs children each year, according to the findings of a nationwide study. This represents a substantial economic cost of an estimated $36 billion in unpaid medical care annually. Family members assist special needs children at home with everything from […] - Mark Gilfix Discusses Estate Planning With the Star of the Investigation Discovery Show, “Reasonable Doubt”, Melissa Lewkowicz
Mark Gilfix recently sat down in the offices of criminal defense attorney, and cable TV star, Melissa Lewkowicz, to discuss the 3 key estate planning documents that every American needs. Watch the Facebook video below. You can watch Melissa Lewkowicz in Reasonable Doubt on Investigation Discovery or see clips at https://www.investigationdiscovery.com/tv-shows/reasonable-doubt/. - Why a durable power of attorney is a valuable estate planning tool
A Durable Power of Attorney (DPOA) allows an individual to give a designated person — known as an “attorney in fact” — authority to sign documents and act on their behalf. The legal document is particularly beneficial for individuals who are worried about mental or physical incapacity in the future. For example, an elderly person […] - California couple’s eviction highlights dangers of elderly financial abuse
The elderly can be vulnerable to various forms of elder abuse, one of which is financial exploitation. Financial exploitation involves unauthorized use of an elderly person’s finances or property, either by a family member, caregiver or an unknown scammer. The media recently reported the case of an elderly California couple who faced eviction from their […]
