EDUCATION NEWS FROM HOLLINGSWORTH & ZIVITZ, PC
         RECENT SUPREME COURT DECISION
         FOREST GROVE SCHOOL DISTRICT vs. TA
         (08-305, decided June 22, 2009)        
          http://www.supremecourtus.gov/opinions/08pdf/08-305.pdf

This decision is of great importance in it calls attention again to the school's duty to do appropriate and full evaluations of children and ensure that decisions regarding eligibility are correct.   It has sends a message to schools that the child find provisions of IDEA are going to be enforced and that schools need to be evaluating children that they suspect may have an educational disability.  The decision  makes clear that schools not only have responsibility for children that are already qualified for special education, but those that have suspected disabilities.    In this particular case the child struggled academically throughout elementary school and middle school.  When the child entered high school, the parents requested an evaluation.   Without fully evaluating the child, the district denied the child's eligibility.   The parents requested another evaluation which the school denied.  The parents then sought an outside evaluator that found that the child had learning disabilities and ADHD.   Based on the fact he had failed to make progress and the school had not provided services, the evaluator recommended a highly specialized residential school.   This recommendation was partly made due to T.A.'s age and the need to provide very intensive programming.    The parents made the decision to place T.A. in the residential placement and then to file a Due Process against the school.   The parents prevailed at the Due Process, but the case was appealed by the School District into federal court.  The federal found that the parents were not entitled to reimbursement from the school, arguing that this was unilateral placement under IDEA.    The decision was appealed again into the 9th Circuit Court of Appeals.  The Court of Appeals reversed the federal courts decision and affi rmed that the parents should be reimbursed.  The school district then appealed the case to the Supreme Court, who affirmed the Circuit Court's Decision that the parents should be reimbursed.    The Supreme Court wrote that precluding reimbursement to parents that are forced to place their children in private programs because the child has not been properly determined eligible for special education:  "is at odds with IDEA's remedial purpose of "ensur[ing] that all children with disabilities have available to them a [FAPE] that emphasizes special education . . . designed to meet their unique needs," §1400(d)(1)(A); and it would produce a rule bordering on the irrational by providing a remedy when a school offers a child inadequate special-education services but leaving parents remediless when the school unreasonably denies access to such services altogether. Pp. 8- 15. "

Teachers' secret deals draw scrutiny State schools chief vows to investigate cases and close loopholes http://www.indystar.com/apps/pbcs.dll/article?AID=2009908220363 This story gives parents a bird eye view of some of the problems within the school system not only in Indiana, but in many places.   Tony Bennet, the State Superintendent has said that he and his staff will closely review secret resignation agreements made by Lawrence Township Schools with teachers accused of sexual misconduct.  He has also said he plans to find ways to close any loopholes in state law that allowed those deals.

Accused teachers' exits cloaked in secrecy The deals, which may have broken state law, could be common practice in other Indiana school districts http://www.indystar.com/apps/pbcs.dll/article?AID=2009908160374 The Indianapolis Star calls attention to the fact that many teachers around Indiana, and locally, may be simply resigning rather than being fired.

The Washington Post "Who Speaks for Matthew?"   8/30/09 http://www.washingtonpost.com/wp-dyn/content/article/2009/08/29/AR2009082902279.html This article highlights the growing trend and battle regarding tutoring and private school services for children qualified for special education.   The author discusses the problem for a child named Matthew, whose parents felt that the school system was failing their child.  They removed him from the school and placed him in a tutoring program where he has made substantial results.   They have filed a due process against the district, that is now in federal court.  The school has reported them for truancy, which was thrown out by a criminal court judge.  The author of this article references the fact that the special education cases in federal court have gone up more than 50% since the 90s, indicating that parents are more likely to take these cases head on.

The New York Post "The Rubber Room"  8/31/09 http://www.newyorker.com/reporting/2009/08/31/090831fa_fact_brill?yrail This article focuses on the problems with tenure for teachers.  It looks at the issues within the New York City School system that really cover much of the country.  The matter of overspending, pension problems, and teacher unions, that end up costing districts millions.   One of the major points it highlights is that there are many cases of abuse and incompetence, where the school cannot fire the teacher, so they are placed on permanent paid leave - at a cost to the tax payers.