Ninth Circuit upholds school policy on special education children
National News
The US Court of Appeals for the Ninth Circuit on Tuesday upheld a California public school district's policy that parents may only observe their disabled children in the classroom for twenty minutes in order to evaluate the school's proposed education plan. The parents of a student with autism filed suit after the psychologist they hired to evaluate the proposed plan was allowed only twenty minutes in the classroom, even though the district's own experts viewed L.M. in his home for three hours. The court rejected the parents' allegations that the district's policy violated the Individuals with Disabilities Education Act by denying their child access to a free and appropriate public education. The court also ruled against the parents' argument that the policy infringed upon their right to due process by interfering with their ability to participate in a placement hearing. The court explained:
The District’s policy...was harmless because Parents nevertheless had a full opportunity to participate in the process to fashion an appropriate educational plan for L.M. with help from an informed and knowledgeable expert. There is no evidence to support a finding that Parents’ right to participate was significantly affected.The court also denied the parents' request for a "stay put" order which would allow their child to remain in his current private educational program until litigation of the matter concluded, because the program did not constitute "current educational placement" under IDEA.
Earlier this month, the US Court of Appeals for the Tenth Circuit found that a district court erred when it refused to grant qualified immunity to school officials who placed a child in a special education program designed to control his repeated outbursts. The child's mother had originally sought relief under IDEA because her child suffered from severe mental and emotional health problems, but this claim was dismissed by a lower court. In 2007, the US Supreme Court held that parents of special needs children have independent, enforceable rights under IDEA, overturning a Sixth Circuit decision holding that rights under IDEA are held only by the child. When US President George W. Bush signed IDEA into law in 2004, he stated that it had been designed to ensure that students with disabilities would have special education teachers with the necessary skills and training. Bush was subsequently criticized for underfunding the related programs.
Related listings
-
Businessman Says Joe Arpaio Ruined Him
National News 08/18/2008Joe Arpaio, the publicity-hungry sheriff of Maricopa County, staged a media event by bursting into a man's home and accusing him of running an illegal chop shop, though Arpaio was simply serving a warrant for an unpaid traffic ticket, a man cla...
-
Pakistani woman alleged to be al-Qaeda appears in US court
National News 08/07/2008The first woman scheduled to stand trial in the US on charges related to suspected al-Qaeda ties has been extradited to the US and appeared before the District Court for the Southern District of New York Tuesday on terrorism charges. Aafia Siddiqui, ...
-
ICE launches voluntary deportation program
National News 08/06/2008US Immigration and Customs Enforcement launched a new program Tuesday that allows certain illegal immigrants to coordinate their removal from the US with ICE without the risk of home raids, arrest or detention. The Scheduled Departure Program, a pilo...