Reply to SCOTUS Grants Review in IEP Case

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[quote=Anonymous][quote=Anonymous]I think the posture of this case (a parent trying to get reimbursed for private placement) is unfortunate.  The court is more likely to reject an interpretation that is perceived to impose a requirement to make a private placements because that will be seen as more expensive, and more subject to parental wrongdoing (eg parents just want the private school.)  I wish the posture had to do with a student request a specific program INSIDE a school.  [/quote]

I don't think it's unfortunate.  The law provides for private placements when a school system cannot meet that child's needs.  If schools (especially wealthy school systems like MOCO) actually provided services that were effective and kids were making progress, private placements would be a non-issue.  A favorable ruling from the Supreme Court (a big if) really would up the ante on public school systems and force them to start doing things differently -- or indeed face potential increased private placements.

The Solicitor General's brief on behalf of the federal government was really strong.  It noted, among other things, that no one would think a public school system was doing a competent, let alone a good, job if all it aimed for was for kids in general education to achieve something more than just minimal progress.  [/quote]

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