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October 10, 2007


Sandy Alpestein

Thanks for putting this into perspective for us, Charlie! Recent Supreme Court decisions have taken families one step forward (Tom F) but two steps back (Arlington & Shaffer). Let's hope future Court decisions move us in the right direction! (And, if not, then we need to lobby our legislators for a Congressional override of the "bad" decisions).



My understanding is that if you live in the lower court district ie. N.Y., CT or VT the school district would have to honor the courts 4-4 tie. Is that true?

ed: the 2d Circuit as I recall covers New York, CT and VT so the decision would be controlling in those states except the original decision is I believe not published so it may not be "binding" precedent. Here is Pete Wright's comments on the subject http://www.wrightslaw.com/nltr/07/al.1011.tomf.htm

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