Court Rules Against Special Ed. Parents

AP ^ | 11/14/5 | GINA HOLLAND

[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.

[AmericanChef]

How do you type the sound of money washing down the drain? Special Ed should've been called Special Fund.

[MEGoody]

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.

Sounds reasonable to me.

[OKIEDOC]

It is, if one of you kids has it.

It's a nightmare to deal with at times for both parent, child and teacher.

If you embarrass easily in public, don't have ADHD children.

I have a lot of empathy for anyone who has a child with ADHD.

Here is a web site that might give you a better understanding of what ADHD parents have to deal with everyday: http://www.understandingadhd.com/webcast_transcript.asp?b=understandingadhd&f=adhd_comprehend&c=helpadhd&pg=2

or

http://www.understandingadhd.com/focus_index.asp?f=adhd_comprehend&b=understandingadhd

We have real problems with mental health.

The Democrats prove everyday that mental problems not dealt with can be detrimental to the population and our country.

[RightWingAtheist]

[The Ghost of FReepers Past]

Do you ever watch The Nanny on television? IMO that's the sort of transformation most ADHD kids need. I'm not saying it is never legit; I'm just saying that I doubt it is most of the time. In one week the nanny can transform an ADHD household into an orderly one with nothing more than proper discipline. Maybe Dare to Discipline should be given to every parent in the U.S. Spend my tax dollars on it. Give out Spanish editions. Books on tape. Whatever it takes.

[randog]

Many many ADHD kids receive SSI benefits of $579.00 per month (you tax dollars) for having ADHD or some other "learning disability."

Are you joking? Where did you hear about this?

[nyconse]

I no longer teach chemistry in High School. It is impossible and dangerous to teach this subject with seven special education students and no assistant-every lesson plan and lab must be altered in order to compensate for eight different types of learning. Lab is just plain scary. At my last school, some of these kids broke into the lab and killed some of the animals.

[OKIEDOC]

Pat your self on the back for doing a good job.

[half-cajun]

Thank you for those links.

[Redbob]

My son has the misfortune of being in a (3rd grade) class with a student whose parents are just too lazy to discipline him, so they've gotten him diagnosed as "ADD."

They tolerate his disruptive behavior, with a "Now Bradley, we don't act like that," when what the boy really needs is a swift kick in the pants!

[New Perspective]

Isn't THAT special, in a short-bus kind of way.

Disgusting comment.

[New Perspective]

How do you type the sound of money washing down the drain? Special Ed should've been called Special Fund.

Are you talking about all Special Ed or just the ADD?

[Redbob]

For a change, let's have a little "empathy" for the other 98 or 99% of the kids who are normal but who have to put up wtih the undisciplined monsters in their classes - and who, often enough, are part of a "group punishment" arising from the actions of the "ADD" kid.

How do you explain to an 8-year-old who thinks it's unfair that the whole class has to do without recess for a week because little Bradley was acting up?

[half-cajun]

Not every child who has ADHD is an "undisciplined little monster".

[cgk]

I am the parent of a rambunctious, hyper, 3 year old. She does her own thing 90% of the time, and it takes 100 times to tell her something for her to do it. Extremely advanced in many things: less-so in social skills. She IS 3. The family hints she may have ADHD... which I asked the pediatrician about. She calls her "spirited", which many of the S.D. FReepers who met her would probably agree with.

I watch "SuperNanny"... every week! The same-age children in some of the shows are not unlike my own at times, and her techniques are helping us, when applicable.

But, if I had a doctor diagnose her as ADHD, I'd probably seek more information as well as a 2nd opinion. I've never heard ADHD considered a disability, and it's "in" our family: unfortunately IMHO used as a crutch. And I have what IS considered a disability, that most people would never question: MS. I'm one of the lucky ones, who has it but you can't tell by looking at me most of the time, so even I grow uncomfortable with being called "disabled" when there are so many who are worse off than I.

On another note: It seems to me that the parents of this child in the article could have better spent their money on specialized education, than on an attorney all the way to the Supreme Court? It isn't stated that I recall, but I doubt this case was free.

[cgk]

Oh - and the correct therapy (read: learning how to apply one's own ability to filter out distraction) has eliminated the need for even minimal pharmaceutical intervention at all in my kids.

Exactly what we are striving for :). I admire you.

[TC Rider]

Many many ADHD kids receive SSI benefits of $579.00 per month (you tax dollars) for having ADHD or some other "learning disability."

Are you joking? Where did you hear about this?

Too true, known in the welfare community as 'crazy money', Mothers encourage their children to act out. No obligation on the parent to even use the money for their child.

[MortMan]

Nah - Admire my kids. They're the ones that worked their butts off to achieve that milestone!

Good luck.

[bboop]

I am with you!! Hallelujah, a teeny glimmer of common sense from SCOTUS. Amazing.

I would love to see statistics on the amount of money spent on Special Ed. My 'friend' demanded that her son be sent to a Really Special school across town (Los Angeles). You'd think there would be something an hour closer, but NO. A taxi picked this young man up, delivered him across town (one hour, one way) and returned him home at the end of the day. On OUR TAX DOLLAR.

Our school district is totally impoverished due to many reasons and some incredibly stupid decisions. But this took the cake, to me.

[IndyInVa]

Your kid and my kid are just as "special" as these kids, yet we can't get custom-tailored programs to help our kids reach their potential. Why not?

Another question: If you had an extra $100,000 to spend on educating a kid, who would you choose to spend it on, a bright kid who might cure cancer someday, or a kid who will be lucky if he ever learns to tie his shoes? (Before you flame me, I am NOT saying that slow kids should not be educated or should be warehoused or ignored, just that we need to have a little common sense in the distribution of our assets.)

We need to examine our priorities in this country. The public education system would be a good place to start.