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Special Education Legal Cases-Competency 001 (Case #1)

EDSP 6315
Dr. Reed
Submitted by Kelly Thurber

Artifact:

Forest Grove vs. T.D., 129 S Ct. 987 08-305, 109 LRP 13476 (2009)

Describe:
The Supreme Court of the United States held that the IDEA authorizes reimbursement
for private special education services when a public school fails to provide a FAPE and the private school
placement is appropriate, regardless of whether the child previously received services through the
public school. The court said, Moreover, when a child requires special education services, a school
districts failure to propose an IEP of any kind is at least as serious a violation of its responsibilities under
IDEA as a failure to provide an adequate IEP. The court noted, we conclude that IDEA authorizes
reimbursement for the cost of private 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. Prior to this, there was a split
among the federal court circuits.
The Supreme Court held that: This dispute differs from Burlington and Carter in that it concerns not
the adequacy of a proposed IEP but the school districts failure to provide an IEP at allmoreover, when
a child requires special education services, a school districts failure to propose an IEP of any kind is at
least as serious a violation of its responsibilities under IDEA as a failure to provide an adequate IEP.
The Supreme Court also stated, The Districts position similarly conflicts with IDEAs Child Find
requirementrequiring states to identify, locate, and evaluate all children with disabilities to ensure that
they receive needed special education services.
Analyze:
It is important to understand that the schools responsibility is to the student and their
family. It is a schools role to provide a FAPE. School districts/taxpayers cannot afford to educate
special education children in private schools when there are special education programs in public
schools. The IEP is the framework that the special educations students instruction is based. This is an
important to me as a Diagnostician because I will need to understand the laws related to special
education and also need to make sure that the students I serve are receiving FAPE. In my experience, at
my school, the Special Education Coordinator did an excellent job and checking, double and triple
checking that all avenues were accessed for the students he served.
Appraise:
Understanding the basics of the court cases that influence how schools run special
education programs is very important. It reminds us all that at some point, there were children
somewhere not being served and forgotten.
Transform:
I understand the paperwork nightmare that is special education. As special education
educators we must make sure that our children our receiving a FAPE.

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