Special Ed Advocate Newsletter
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1. Oral Argument in Schaffer v. Weast Tomorrow!
October 5, the U. S. Supreme Court will hear oral argument in Schaffer
v. Weast. The high courts decision about who bears the burden
of proof in IEP disputes is of enormous importance, and is likely to shift
the balance of power in IEP meetings and due process hearings. Question
ago, on October 6, 1993, the Supreme Court heard oral argument in Florence
County Sch. Dist IV v. Shannon Carter (510 U. S. 7). Thirty-four
days later, the Court issued a unanimous 9-0 decision on Shannon's behalf.
Pete and Pam Wright will attend oral argument in Schaffer v. Weast tomorrow. We will tell you what happened in an Alert on Wednesday evening or Thursday morning. Stay tuned!
2. Burden of Proof - On Parents or Schools?
Do you know why the burden of proof is so important in special education cases? Do you know why advocates for children believe that the burden of proof should be on school districts?
the National Council on Disability (NCD)
issued a Position Paper on the Schaffer case, IDEA
- Burden of Proof - On Parents or Schools? PDF
3. Wrightslaw Training Program in Hartford, CT (October 14-15, 2005)
Pete and Pam Wright will present Putting the Pieces Together: Special Education Law and Advocacy Training in Hartford on October 14 & 15, 2005. The program is being sponsored by the Learning Disabilities Association of Connecticut.
will learn about requirements in IDEA 2004 and NCLB including:
will also learn how to:
4. Taking Sides: Amicus Briefs - and a Flip-flop
and more than 20 disability and legal organizations filed amicus
briefs in support of Brian Schaffer and his parents.
states and a handful of school interest groups filed amicus
briefs in support of Weast (Superintendent of Montgomery County Public
5. Supreme Court Decisions in Special Education Cases
In the 30
years since the special education law was enacted, the U. S. Supreme Court
has only heard a handful handful of special education cases. Key cases
of Ed. of Hendrick Hudson Central School Dist. v. Rowley 458 U.S. 176
First decision in a special education case; defined "free
appropriate public education."
Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7, (1993). If the public school program does not provide an appropriate education and the parents place the child into a private program where the child does receive an appropriate education, the parents are entitled to reimbursement for the child's education. This decision opened the door to children with autism who receive ABA / Lovaas therapy. Links to all decisions, transcript of oral argument in Carter
Cedar Rapids v. Garret F. (1999) - Affirmed that schools must provide related services to children who need services to attend school. Analysis
6. Subscription & Contact Info
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