Special Education Law Blog

I Did Not Learn All I Really Need to Know in Kindergarten by Lori Miller Fox

You’ll have to excuse me for not having written a timely humorous piece on Halloween, which is in fact half-written and saved on my computer for next year’s October deadline. Instead, after having spent two long days in the hospital with our son last week, I can’t seem to let go of how unprepared parents can be for the “unexpected complications” that arise when raising a child with special needs. In thinking about this, I realized that contrary to popular belief, I did not learn all I really need to know in kindergarten.

Stinging Back Over Tom F.

I am glad the folks over at NSBA's BoardBuzz have a good sense of humor over my criticisms of their commentary of the Tom F. case. They 'stung' back today with a response to yesterday's blog. My only responses to their comment is that district's do not have to pay for an out of district placement if they meet the relatively low standard of Rowley, and unilateralism on the part of schools, more often than not, leads to conflict (and yes, some parents are at fault in this regard). Most parents undeniably chose this risky and tough road only as a last not a first resort.

In the Tom F. Case The Tie Goes for the Parents

In the Tom F. case the U.S. Supreme Court issued a decision (see pdf below)   which effectively ruled in favor of a parents right to place their child in an out of district placement, sue for reimbursement, even if that child had never been enrolled in the school district.  The decision was 4 to 4 with Justice Kennedy not participating.

The Federal Appeals Court in New York State (2d Circuit Court of Appeals) ruled in favor of  parents' right to seek reimbursement, even if they had not enrolled their child in public school. With a tie vote the lower court's ruling is affirmed or upheld. (see Pete Wright's commentary on the case.)

Download tom_f.pdf