Reply to Ruth Bader Ginsburg has our backs for the SCOTUS case re: FAPE

Forum Index » Kids With Special Needs and Disabilities

Reply to "Ruth Bader Ginsburg has our backs for the SCOTUS case re: FAPE"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous]Thanks for posting the update.  I wanted to listen to this but Tillerson hearing was in conflict .... sounds like the SCOTUS argument would have been a much more uplifting listen.

For those who want more analysis ... go to SCOTUS Blog http://www.scotusblog.com/2017/01/argument-analysis-justices-grapple-proper-standard-measuring-educational-benefits-children-disabilities/

Ginsburg's support is great, but Chief Robert's support is a little troubling.  If he votes to affirm, he will write the opinion and even though that would represent an improvement over the current standard, he would surely write a narrower/lower standard than Ginsburg would.

As much as I love RBG, it's important to note the critical role played by the Obama Administration's Departments of Education and Justice in developing an alternative standard and arguing in support of the plaintiff and against the school system.  Without that, the case wouldn't have even reached the SC with a plausible basis for an improved ruling.

We are lucky this case came now and I hope it will not be a 4-4 split, because it wouldn't go well in a reargument under the Trump/DeVoss/Sessions administration.

(See Sessions on IDEA - https://www.google.com/amp/s/www.washingtonpost.com/amphtml/news/answer-sheet/wp/2016/12/02/sen-sessions-once-linked-special-education-law-to-decline-in-civility-in-classrooms/?client=safari)

And, equally important will be how the Department of Ed guides school systems to educate them in what the new standard means in practice.  I'm also not holding my breath in a DeVos DoE.  [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics