http://www.google.com/hostednews/ap/article/ALeqM5gzxsVAYHwaGjGyXVQAilpK4rfREAD98VQ4J80

 

WASHINGTON (AP) — The Supreme Court has ruled that parents of special education students who opt for private school instead of trying the public system cannot be barred from seeking public reimbursement for their tuition costs.

 

The court ruled 6-3 Monday in favor of a teenage boy from Oregon whose parents sought to force their local public school district to pay the $5,200 a month it cost to send their son to a private school.

 

Federal law calls for school districts to reimburse students or their families for education costs when public schools do not have services that address or fulfill the students' needs. Under the Individuals with Disabilities Education Act, the nation's special education students are entitled to a "free and appropriate public education."

 

Schools have argued that the law says parents of special education students must give public special education programs a chance before seeking reimbursement for private school tuition.

 

But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.

 

Justice John Paul Stevens said in his majority opinion that the federal Individuals with Disabilities Education Act requires a school district to pay for private special ed services if the public school doesn't have appropriate services.

 

"We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school," Stevens said.

and the problem is, when the public school can't deliver?

I think what this ruling does is strongly encourages public schools to improve their special education services. Later in the article it clarifies that reimbursement is not required, but can be sought.

 

A school district that I taught in in Tennessee had one deaf student. Instead of hiring a hearing impaired teacher, they paid his tuition to Tennessee School for the Deaf in Knoxville.

and the problem is, when the public school can't deliver?

 

The parents do not have to give the school an opportunity to deliver. They can simply choose that route and the public school has to pay for it.

The parents do not have to give the school an opportunity to deliver. They can simply choose that route and the public school has to pay for it.

 

 

As Captain W F Call suggested, sometimes it is the schools who chooses that route and the parents/guardians have to accept it.

 

What happens to that family if they had wanted their child to attend the local public school but were told it was cheaper to send him/her elsewhere then to hire someone just for their child?

 

If the schools can pick and choose, then why not the parents/guardians of the students? Whats good for one, is indeed good for the other!

As Captain W F Call suggested, sometimes it is the schools who chooses that route and the parents/guardians have to accept it.

 

What happens to that family if they had wanted their child to attend the local public school but were told it was cheaper to send him/her elsewhere then to hire someone just for their child?

 

If the schools can pick and choose, then why not the parents/guardians of the students? Whats good for one, is indeed good for the other!

 

Easy, parents could use this to fund every special education student attending private school whether it is for an academic reason or not.

People think that open enrollment in a public school such as Kenton County is for sports only - I can tell you first hand this is not the case.

I would think that this would end up applying only to a small percentage of individuals. Most schools have fairly all encompassing special needs programs. Exceptions might include those that are vision or hearing impaired.

I love how the leap is made from seeking a private option when a school doesn't offer what the child needs, to choosing private over public so that the school district will pay. I would say that it's probably pretty rare that, in general, private schools offer more in the way of special needs educational opportunities than public schools. I think the most notable instances would be in the cases of vision or hearing impairment. But I do know that there is a great private school here in Louisville for children with learning differences such as dyslexia.

The parents do not have to give the school an opportunity to deliver. They can simply choose that route and the public school has to pay for it.

 

I definitely do not like that idea. If the public schools cannot provide that is fine, but they need to start there first if they want us to foot the bill.

I love how the leap is made from seeking a private option when a school doesn't offer what the child needs, to choosing private over public so that the school district will pay. I would say that it's probably pretty rare that, in general, private schools offer more in the way of special needs educational opportunities than public schools. I think the most notable instances would be in the cases of vision or hearing impairment. But I do know that there is a great private school here in Louisville for children with learning differences such as dyslexia.

 

From the article,

 

But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.

 

You cannot envision situations that parents say the public school does not serve their child without the child ever attending the public school and wanting the public school to pay for the private school cost?

 

And just for the record, remember, I am for vouchers that would allow parents to take the money spent on their child's education and use it at a private school.

Talked to a person that deals with resource students on a district wide basis today about this ruling.

 

One area that they are really have an issue with is from doctor's. The doctor's say the kid is special ed and puts them on an AHDD medicine and they need to see their school district about modifications.

 

And then the school puts the kid through the screening that is required by state/national guidelines and the kid does not qualify for special ed but the doctor said they did. The parents have a signed note from the doctor that they have issues but the screening required for the local districts to follow say they don't.

 

Now the parents are upset and saying the school system is not helping the child.

Talked to a person that deals with resource students on a district wide basis today about this ruling.

 

One area that they are really have an issue with is from doctor's. The doctor's say the kid is special ed and puts them on an AHDD medicine and they need to see their school district about modifications.

 

And then the school puts the kid through the screening that is required by state/national guidelines and the kid does not qualify for special ed but the doctor said they did. The parents have a signed note from the doctor that they have issues but the screening required for the local districts to follow say they don't.

 

Now the parents are upset and saying the school system is not helping the child.

 

Serious questions:

 

Just how much training has the person/company who administered the screening/testing had? How many Doctors has this person/company overruled/questioned?

 

Has this Doctor had a history of giving his patience Crate Blanche on AHDD medicine and if not, what makes you think he doesn't understand what is best for this child?

From the article,

 

But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.

 

You cannot envision situations that parents say the public school does not serve their child without the child ever attending the public school and wanting the public school to pay for the private school cost?

 

And just for the record, remember, I am for vouchers that would allow parents to take the money spent on their child's education and use it at a private school.

 

I did read that, and that's why I said it's a leap. There's one thing I hate, and that's a leap from something to a hypothetical, which invariably leads to a bad decision, IMO.

 

If implemented and administered carefully, and correctly, there would have to be a "burden of proof" placed on the parents, IMO, to prove that the school in their district cannot provide what their child needs, and that a private school can.

 

Contrary to most beliefs, most private schools have fewer resources for special needs kids than public schools. Unless there was a program that a private school specialized in, I can't see widespread exodus of public school children to private schools with the money following. I also feel that private schools are able to say "no" to a child or his/her parents if they feel the need cannot be met, even if the parents are trying to stretch the limits.

 

Private schools depend upon the success of their students to succeed in retaining and acquiring students. Their reputations ride on success stories. I can't see private schools accepting children with needs they can't meet into their schools, regardless of the fact that the public district must pay the tuition.

 

If it were only about the money, you wouldn't see kids expelled from private schools. They would keep the kid for the tuition alone.

 

Those who are calling the worst case scenario are not thinking this through, and likely may not have a clue what limits private schools have. But, if there is a district, for instance that only has one deaf student, for instance, and the cost to hire an ASL trained interpreter is prohibitive, and there's a school for the hearing impaired that the tuition is less than the cost of hiring a full time aid, it makes sense that the money follows the child to that private school.

It can sometimes be unfortunate when a teacher thinks your child is AHDD. This happened to us. The teacher thought our child was AHDD and wanted us to hold them back a year. We did visit the pediatrican, and also paid out of our own pocket to have our child tested for AHDD. Our child tested at their grade level, did not have AHDD, and we promptly moved to a different school district. I don't think many private schools in NKY are equipped to handle special needs children.