Reply to SCOTUS Grants Review in IEP Case

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[quote=Anonymous][quote=Anonymous][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]

My point is that the factual posture might impact the decision in an unfortunate way; not that I disagree with the merits.  The justices may perceive  ruling for the plaintiffs as greatly increasing costs to school districts and allowing families to "opt out" of public schools.  If it had been a case where the remedy would be improving services in the public school, instead of paying private tuition, that might be an easier case to win well. [/quote]

I understand the fear but, practically, it is very difficult to obtain a private placement.  What usually happens is that parents make the decision to go private.  There has to be a very clear record of public school failure to have any chance of funding.  Few families want to "opt out" of public schools -  they're effectively driven out by the lack of effective services.  When you read the posts on this board, you get a sense of the problem.  Wealthy school districts like MOCO do all they can to deny or drag out eligibility in many cases and then, even if a student has an IEP, the services sometimes are ineffective.  A district like MOCO can hide behind the low standard of FAPE currently in place.  The current standard of FAPE is out of date.  So much more is known about how to effectively educate students with disabilities, be it ASD, dyslexia, or something else.  The standards need to catch up to current research.[/quote]

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