Posted on 11/14/2005 10:10:08 AM PST by SmithL
WASHINGTON -- The Supreme Court ruled Monday that parents who demand better special education programs for their children have the burden of proof in the challenges.
Retiring Justice Sandra Day O'Connor, writing for the 6-2 court, said that when parents challenge a program they have the burden in an administrative hearing of showing that the program is insufficient. If schools bring a complaint, the burden rests with them, O'Connor wrote.
The ruling is a loss for a Maryland family that contested the special education program designed for their son with attention deficit hyperactivity disorder.
The case required the court to interpret the Individuals With Disabilities Education Act, which does not specifically say whether parents or schools have the burden of proof in disputes. The law covers more than 6 million students.
(Excerpt) Read more at sfgate.com ...
As I stated in my private reply to this oh so compassionate person, I have never seen a person so lacking in common decency. No one was whining on this thread. Perhaps some of us just want the best for our children, too. You talk about tax dollars- well let's just throw them all overboard, the ADHD kids, the dyslexics, the kids with autism. Heck, the mentally retarded might as well go overboard, too. They take extra tax money,after all. Anybody recognize this? And cut the crap calling my child a problem. Additionally, I don't take offense at this type of "personal responsibility doctrine" as you put it. There's no personal responsibility in the problems my child is having in school. And don't tell me you're not denigrating my child, because that's exactly what you are doing. Finally, there was no "my child is disabled whine". I was just pointing out that the extreme rhetoric coming from this thread was not helpful, including, the short-bus comments. I don't know that I have ever seen such an uncaring SOB as you in FR.
Wow. Where do you get your information? My kid has had ADD and other "learning disabilites" for 19 years and it has cost us a lot of our own money and even more time to get him the extra help he needs.
Wish us lazy parents would have known that our boy's problems were only caused by our laziness and the school's greed...and all this time we could have actually gotten on the public dole!
Man, that would have saved us private school costs and private tutor costs; as well as the doctors, tests, special diets, behavior therapy and all that worry we went through to get that boy through school and into college!
How old are your kids?
I have taught high school for 17 years. My degree is in Biology. When I took the classes needed to teach I figured out that they were a bunch of scat. I do what makes sense and that has worked for me so far.
As a former School board member of a small school district, let me just assure you that the cost of providing special education services far outweighs the extra money from the state and the feds! The last thing we wanted was a kid with special needs!
But, on the other hand, my kid's special education teachers told me time and time again, that my kid was the only kid in the class that had a real, actual learning disability.
The other kids had emotional problems, most times brought on by their home situation. Divorce, parents on drugs, and single moms who never bothered to marry their sexual partners.
Great tagline. LOL! Really great.
The IEP is written during an IEP meeting. The meeting is attended by, the child's teacher(s), the parents, the special education teacher, a school administrator, and after the child reaches 14, the child himself. We all, write the IEP. WE all must agree and sign off on the program. If the parent disagrees, and the school will not change the program, they start the process of appealing to a higher authority.
I feel for these parents who obviously were not in agreement with the course that the school wanted to take.
I have had some school districts that thought the thing my kid needed most was "socialization" skills. My kid needed academic help and they were concerned that he wasn't making enough friends! So, they put him in with a "buddy"...an older boy who did not share our values---read him occultic books, used foul language and talked to him about inappropriate subjects, in our opinion! But, this "buddy" program was a part of our boy's IEP and could not be taken out without rewriting it! I would say that this course did not help my son in anyway, with his learning disabilities. It was a waste of valuable learning time, in my opinion. We chose not to fight it, because we were moving anyway.
This judgement is in essence saying that the school knows best what is best for the child. I am surprized that so many here are applauding this ruling, as it actually is another brick thrown through parental rights.
Yeah, it is a reminder, isn't it? Am I being "good" or "Evil"...is always the question...
For my wife (she is an OT), it is a little bit different in terms of the IEP. After an assesment, she writes the OT IEP, which isd reviewed with the parents. Who then can make chages, discuss options and/or appeal. The children that my wife deals with though are very low functioning.
Your parents did not know you were deaf?
Hey, did you know that public funds paid for your hearing test?
Well, I think that you actually need to go back to school, because you are just a little ignorant of what "special education" is! Because that is what you got! You were evaluated, Identified as having a problem, and you recieved special accomodations and therapy at public expense. Sometimes that is all there is to "special education". You might even be surprized to know that the school probably got extra funds for your hearing problem! OOPs! YOU are the people you so despise!
Would you please refund that money, since you are morally against this type of thing? Take PERSONAL RESPONSIBILITY for your problem, will ya?
I disagree that that is what the judgment concludes. Not at all. If that were so then I'd be against it. All it says is that the burden of proof lies with the parents who are suing the school. As you pointed out earlier, many times the fault lies with the parents. Obviously the fault can just as easily be the school (your story is sad). This isn't that the school knows best. It's that the parents must have some real evidence. That's how I understand it. It isn't a win or a loss for the school or the parents. It just inserts more reason back into the equation.
"I know you probably have great difficulties, and are probably trying to do an admirable job. While I can sympathize, or maybe even empathize, with you, why do you think that your problems should be solved with my money?"
"Obviously not. However, whatever the cause- ADHD or whatever- it is not the rest of the class, school or society who should be penalized or who should have to pay for that problem. Taking away resources from "normal" ones and allocating them to the few "problem" ones is theft of those resources by the problem ones. Sorry, there just isn't any other way to call it.
I know, you will attack me as being cold hearted and uncaring, which is far from the truth. I do care, I just don't feel that everyone else's money/time/education opportunity should be taken from them to "fix" your or your kid's problem. Or my or my kid's problems."
Because if these children grow up without the basic education needed to get and keep gainful employment they will simply add to the welfare rolls or criminal statistics that we ALL pay for. This is one of the reasons that GWB pushed so hard for "No Child Left Behind".
Perhaps you would be happy to return to the days of state run poor houses, county homes, and state hospitals filled with "special needs" persons and are willing to spend YOUR MONEY that way?? Giving these kids a chance to learn in a classroom where they are not stressing the meager resources of the "regular classroom" helps both the "special needs" children and those who would be distracted by their behaviors if they were simply stored in regular classrooms until they were old enough to drop out.
Do you have a workable option that takes this into account or is your angry rhetoric as empty as the Dems? I notice that both the far right and the far left like to complain but seldom have a reasonable, workable solution to the problem.
Like far too many right wingers you have taken the "personal responsibility" rhetoric so far as to miss the fact that if we were to follow such a course it would do far more damage and cost MUCH more in the long run than the current trend of individualized education.
As for the ruling that the party bringing suit must have the burden of proof in the challenges. This is simply common sense IMO. If, as a parent, I allege that the school is not doing the right thing for my child it is my responsibility to know enough about the system and my childs needs to know where and how the school is failing to meet them.
My child is doing fantastic! He is doing fantastic because even those who wrote this IEP were people who cared about kids. I have found that special education teachers are very special people indeed! They actually care about the kids they teach!
My son had the best education! He is a successful college student who is going into the army after he graduates. He has a job and earns his own way.
I know that he would not have been able to be where he is today, if not for wonderful teachers who recognised his struggle as a learning disability. My spouse and I were totally in the dark and ignorant, like many on this thread. We blamed his teacher. We insisted that our son was just lazy! He was NOT hyperactive...but "spaced" out. We told him just to "concentrate". He was punished quite a bit...when the poor child could not help it! Many kids never get help and suffer. They feel they ARE lazy and stupid, because they can not seem to concentrate and learn in a class room.
I praise the Lord that my son had thoughtful, country teachers who were educated in special ed and recommended testing for my son.
I have had the opportunity to thank many of the teachers who helped my son. And I was lucky enough to personally thank the lobbiest who worked so many years to get the "Americans with Disabilities act" passed. This act assured that all children will be able to recieve an education and be an active member of society, instead of a drain on it.
Don't worry people, my son will pay into the tax system, and probably pay for your medical costs.
Good for your school.
In all my years I have never found many schools who tried to pad the Special Ed class.
I was told that schools here in California don't get an extra penny from Uncle Sam for Special Education.
Thanks for the good comments.
Okay, how do I prove that this "buddy" system did not help my son?
Good for you! Back when I was a kid, they called me 'hyperactive.' Thank GOD they didn't have Ritalin or whatever the heck they are giving kids who are outside normative measurements.
I got what all such kids should get -- firm love, boundaries, help in self-control.
But such "therapies" require too much time and, of course, a parent who actually does parenting.
Easier to drug the little troublemaker.
Thank you for doing the heavy lifting that most biological units won't do.
Yeah, just drug the little bugger.
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