Administration Files Amicus Brief on Behalf of Parents & Child in Forest Grove School District v. T.A.

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This week, the Obama Administration filed an Amicus Brief on behalf of T.A. and his parents in Forest Grove School District v. T.A. (Case No. 08-305).

The Administration argues that private school tuition reimbursement may be awarded to the parents of a child who has not previously received special education when the child was denied a free appropriate public education.

In support of this position, the Administration asserts that:

A. The plain text of IDEA provides for reimbursement of private-school tuition when a school district fails to provide a free appropriate public education

B. Petitioner’s interpretation produces perverse consequences

C. The legislative history does not support petitioner’s interpretation

D. The formal position of the agency charged with implementing IDEA is entitled to deference

E. The Spending Clause does not require a different result.

To read the Administration’s Amicus Brief in this case, go to
https://www.wrightslaw.com/law/pleadings/forestgrove.ta.usa.amicus.pdf

Oral argument before the Supreme Court in Forest Grove School District v. T. A. is scheduled for April 28, 2009. Pete plans to attend and will prepare an article about this important case. Stay tuned!

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David 1

Interesting case.

It should be a red flag that some school districts may not be complying with the IDEA when they report a ratio of about 1 in 1000 students enrolled are children with Autism. Everywhere else in the world, the ratio is aout 1 in 150.

These public schools have either discovered a cure for Autism or they have chosen to ignore the majority of kids in their districts who have it.

The IDEA currently has no guidelines in place to address such a skew, leaving it up to each parent or guardian to wage individual battles in hopes of obtaining meaningful educational instruction.

During and after these battles, the next parent begins at ground zero repeating the same mistakes that many of us have already made when we were first under the infuence of reality in our public school system.