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United States Supreme Court ruled parents who decide to remove their disabled children from public school can be reimbursed for a private education.


http://onthedocket.org/article...tudents-june-22-2009
"The first principle of a free society is an untrammeled flow of words in an open forum."
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First, this ruling is from June. Why is it suddenly news? Second, you again read the holding to be broader than it really was.

On June 22, 2009, the Supreme Court affirmed the lower court order with Justice John Paul Stevens writing for the 6-3 majority.

"We conclude that the Individuals with Disabilities Education Act authorizes reimbursement for the cost of private special education services when a school district fails to provide a free, appropriate public education . . . regardless of whether the child previously received special education or related services through the public school," Stevens wrote.

It's not just a blank check to take your ADHD kid out of public school and get reimbursed for private school. It only applies when the school district FAILS to provide appropriate services. I know some districts where that could apply but it's not all that widespread. Districts can be sued for not providing appropriate services so most of them go out of their way to provide them.
The content posted was copied direct from the web site that displays U.S. Supreme Court cases. It is not my writing.

You are correct it is from June, however this is posted as an educational service to the readers of this forum that may not know about it.

Parents with disabled children do not always receive public services needed for their children in the public school system.

No one said it was a blank check for parents to do what they want. But it does inform them of certain legal rights they might not be aware they have. Of course, in that regard, the first step they should take is go see an attorney. Cool
Last edited by Nurturing Father
I do not for the life of me understand why we are still robbing from the children who actually have a chance at leading this country back to its former glory. Why must we pay for a child's future with special needs that most likely will never develop past a 6th grade level. Please do not think of me as a horrible person, but we must stop spending unnecessary money. We must put what little money is set aside for education to the greater good of the majority.
[quote]New Kid on the Block

Posted 09 January 2010 01:25 AM Hide Post
I do not for the life of me understand why we are still robbing from the children who actually have a chance at leading this country back to its former glory. Why must we pay for a child's future with special needs that most likely will never develop past a 6th grade level. Please do not think of me as a horrible person, but we must stop spending unnecessary money. We must put what little money is set aside for education to the greater good of the majority.
Posts: 9 | Registered: 06 January 2010[/quote]

I will say that at my daughters previous school they had a personal one on one attendant for each severely handicapped child. They then cut funding for the honors classes/programs. The gifted children have special needs too they need to be challenged not held back and that is where they cut.
They can't get sued for cutting funding for honors kids. Federal law requires providing accommodations and an education to special needs and handicapped children. Maybe we need a lottery and legalized gambling to support the honors kids (and education in general). People actually don't complain about being able to gamble, as opposed to being forced into paying taxes.
[quote]They can't get sued for cutting funding for honors kids. Federal law requires providing accommodations and an education to special needs and handicapped children. Maybe we need a lottery and legalized gambling to support the honors kids (and education in general). People actually don't complain about being able to gamble, as opposed to being forced into paying taxes.[/quote]

Studies show that the highly gifted kids need the same amount of help special needs kids do. If you look a 6 sigma bell curve they both populate the same part of the bell curve just at opposite ends. I guess someone should sue the schools and make them provide for the gifted just like the handicapped. The prevailing attitude of most school districts is the gifted will do OK anyway, which is not always the case.
I don't doubt what you're saying as far as the distribution. Although there are all sorts of distributions that more or less follow a bell curve. I also agree that highly gifted kids need SOMETHING to keep them from being bored and frustrated. I don't know that I would agree that they need help. They simply need a challenge. As mentioned, honors/AP classes are one solution. I don't know if they still do it, but I've known people who have skipped entire grades. They could go to private or magnet schools. I think the bottom line is that it's easier to take care of a gifted kid than a handicapped, MR, or otherwise disabled kid. Maybe funding has been cut for some programs. But parents of special needs kids may be putting out tons of money for medical care and whatever else they need at home, let alone what they need at school. I just can't buy into the theory that we should leave them at home to rot just because we somehow think they can't grow up to be productive adults. If that were the case, then I guess we should just give up on inner city youth, kids of single parents on welfare, kids of drug addicts, etc. because odds are they may not end up being productive adults. Fact is we just need more money spent on education. We spend more on criminals than we do on our kids. Sad commentary.
[quote]I don't doubt what you're saying as far as the distribution. Although there are all sorts of distributions that more or less follow a bell curve. I also agree that highly gifted kids need SOMETHING to keep them from being bored and frustrated. I don't know that I would agree that they need help. They simply need a challenge. As mentioned, honors/AP classes are one solution. I don't know if they still do it, but I've known people who have skipped entire grades. They could go to private or magnet schools. I think the bottom line is that it's easier to take care of a gifted kid than a handicapped, MR, or otherwise disabled kid. Maybe funding has been cut for some programs. But parents of special needs kids may be putting out tons of money for medical care and whatever else they need at home, let alone what they need at school. I just can't buy into the theory that we should leave them at home to rot just because we somehow think they can't grow up to be productive adults. If that were the case, then I guess we should just give up on inner city youth, kids of single parents on welfare, kids of drug addicts, etc. because odds are they may not end up being productive adults. Fact is we just need more money spent on education. We spend more on criminals than we do on our kids. Sad commentary.[/quote]

LawGuy, I agree!
[quote]They can't get sued for cutting funding for honors kids. Federal law requires providing accommodations and an education to special needs and handicapped children. Maybe we need a lottery and legalized gambling to support the honors kids (and education in general). People actually don't complain about being able to gamble, as opposed to being forced into paying taxes[/quote]

LawGuy, I agree, again!
I never said they should not get help. I also do not think regular school is for some especially someone who needs a full time attendant. I can tell you as a father of a highly gifted child "accepted into MEMSA in the 4th grade" that they do need help. In her case skipping a grade is not a option as she is already the youngest in her class. The prevailing attitude at her public school was she will do alright anyway so it does not matter, is the reason she now attends private school. It takes sacrifice to send her but it is the right thing to do.
I have no problem with families being reimbursed for private education if they can show the NEED for being reimbursed. Not all families with disabled kids are "in Need". If they make above a certain amount of money, I think it should be like other social services where they should have to justify it. Many public schools still offer special education classes, job and skills training and other options for "special needs". I think that if you CHOOSE to send your child to a special school without considering your public options first -- then you should have to justify your decision as well. People that have the means or make a choice for the more expensive option should not take funds away from lower income families that may have more NEED for the reimbursement.

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