The Eighth Circuit Court of Appeals has ruled in a very strange case that parents may decline IDEA services. In Fitzgerald v. Camdenton R-III School District [ Download Fitzgerald waiver case.pdf ], the school district determined that a child needed a case study evaluation on the belief that the child required special education services. The parents expressly declined services, refused consent, began home- schooling the child and privately provided special education services.
Remarkably, the school district sued to compel consent. The due process hearing officer and the district court ordered that the evaluation should go forward as soon as possible. The parents appealed to the 8th Circuit which ruled:
"Congress intends that a district may not force an evaluation under the circumstances in this case. Where a home-schooled child's parents refuse consent, privately educate the child and expressly waive all benefits under IDEA, an evaluation would have no purpose."
Given the number of cases where parents spend years pursing their child's school for a case study evaluation to be repeatedly turned away, it is truly amazing the extraordinary lengths this school district went to compel consent. It is unclear from the decision exactly how the school district intended to enforce the evaluation. The child was not in school so how could they gain access to the child ? Even if they could compel the evaluation, the child was not attending school so how were they going to compel services; really quite curious.
The larger issue is the degree to which schools will pursue matters even when it makes no sense, as the 8th Circuit finally concluded. Imagine how much the parents spent to defend against this district's unwanted overtures. The lesson from Fitzgerald is that schools can and often are in rabidly automatic mode. Another prime example and equally strange is driver's education in Chicago. The Chicago Public Schools have forced all students, even students who are blind or otherwise unable to drive, to take driver's education. What is going on here ? School personnel and systems do not allow for questioning of the obvious. Blind children do not benefit from driver's education, and home-schooled children will not benefit from an evaluation that will lead to services that have been refused. If it is even possible, parents need to be prepared for the bizarre.
very goooooood!!!
Posted by: stories | March 15, 2006 at 05:07 AM
My children used to hate reading, until they stumbled upon “HELLS AQUARIUM,” by Steve Alten. It’s about the biggest shark that ever lived, Megalodon. Thanks to Steve Alten for writing it. http://www.amazon.com/Meg-Hells-Aquarium-Steve-Alten/dp/1935142046
Posted by: latisha | March 08, 2010 at 10:14 PM