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Court Rules Against Special Ed. Parents
AP ^ | 11/14/5 | GINA HOLLAND

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: add; adhd; isntthatspecial; robertscourt; ruling; scotus; specialed
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To: Diva Betsy Ross
I never said anything about all ADD students anything...or all special ed programs.

I know that. The quote was from the other FReeper I pinged. The discussion involved ADHD students, however.

261 posted on 11/17/2005 6:44:53 PM PST by Amelia
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To: Amelia

LOL! I guess you didn't read my other posts. You picked out one thing I said -- not the first thing -- and now you make it like it is some sort of foundation for an argument. It's your argument. I just made a passing comment, one of many. And I've proven that my comment was not off-base.


262 posted on 11/17/2005 6:51:10 PM PST by The Ghost of FReepers Past ("The President and I cannot prevent certain politicians from losing their memory, or their backbone)
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To: The Ghost of FReepers Past
And I've proven that my comment was not off-base.

Actually, you haven't. You've used a comment made in an NEA report studying an alternative method of funding that is currently being used only in Europe and some large urban districts in an attempt to prove that this alternative system of funding is causing schools to fraudulently diagnose large numbers of students as "special ed" in an attempt to gain more funding.

I can't decide if it's laughable or pathetic.

263 posted on 11/17/2005 7:12:27 PM PST by Amelia
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To: Thoeting
What the heck does your profile page have to do with the fact that you don't agree with a conservative think tank on their findings of fraud in the public school system? And you again, misprepresent my post by your statement about DU. I never said you were "from DU".

Try to "think" not "feel"...

264 posted on 11/17/2005 7:26:42 PM PST by Diva Betsy Ross (Code pink stinks)
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To: Bonafide
dYou Said:

"My question is: what is the point of spending taxpayer funds on a severely handicapped child that will never be able to work or be a productive citizen?"

I Say:

There is only one other solution and we rejected that in WWII!

Personally I think that is ridiculous. Of course there are other solutions. I think it would be more humane and more cost efficient to assist the families with sitters or other home health care. That is only one suggestion; but, I'm sure there are several other solutions. If a child is not really going to benefit for an "education" and will never be able to use that education for any functional purpose why would we waste EDUCATION $$$$$ on that child? I'm not saying no money should be spent on these children. I'm saying why take it out of the Education budget.

265 posted on 11/17/2005 8:33:21 PM PST by jamaly (I evacuate early and often!)
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To: Diva Betsy Ross
So the opportunity to misdiagnose is there, I never said it wasn't.

Humans make mistakes.

Fraud is every where especially when money is involved.

However, posting an article trying to prove up on your negative narrow mindedness and arrogant attitude doesn't make you a nice person.
266 posted on 11/17/2005 10:48:54 PM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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To: Diva Betsy Ross
Your narrow-mindedness is thoroughly proven by now, but I'd suggest you take care of matters at home, before judging others. You say your child "is a good old fashioned musical genius with a bad temper when someone interrupts or tries to stop his creative thought process..." Well, then, I guess the world around him should make sure that they never interrupt or disagree with him....Wow, the apple sure doesn't fall from the tree does it? All you have done is disply a bad temper every time others have disagreed with you.


There are those in this world who will delight in annoying others, just to see the anger that wells up. You may want to address that issue before you worry about my conservative leanings.

267 posted on 11/18/2005 2:08:19 AM PST by Thoeting
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To: Thoeting
hehe... typical liberal argument- attack the person you disagree with instead of discussing the topic at hand.

My family is just fine thanks- and if or when we need an expert or professional I will be able to go out and get as many as I want- on my own. We do not have a problem right now- other than the fact that he is high energy. The difference between me and other people in my situation is that I don't need to run off to a "Doctor" to drug my three year old - just because he seems to really like music, has a strong will and is 100% grade A all American BOY- who doesn't like to be interrupted when he is creating.

And in case you didn't know this- there are things called- Learning styles- which you may want to learn about before you go off- half cocked druggin every small child.... especially since you claim to be in education and people are trusting you to actually know something about that....

You say tomatoes.....I say to-mot-toes. *see* ;] Think not feel..... See you at the Symphony!

268 posted on 11/18/2005 3:07:42 AM PST by Diva Betsy Ross (Code pink stinks)
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To: OKIEDOC
OMGosh- what the hack is that? After all of the names you have called me- you are reduced to saying ...(basically) because I posted an article which disagrees with you- I am not *nice*?

I never said I was a *nice* person. I am not here to discuss whether you,or anyone likes me or thinks I am *nice*. I am here to discuss the fraud in Public education and the over medicating of our country's children (see thread title). I suppose you could make this into a *nice competition*- but then you wouldn't be making any points your ownself there Okie-doc.

269 posted on 11/18/2005 3:13:40 AM PST by Diva Betsy Ross (Code pink stinks)
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To: jamaly
There is a good point there. Why spend money in education- there clearly are some people who it will not ever benefit and the money could help elsewhere.

I have worked as a home aid for a high functioning CP client who had a job and child who was non-verbal with severe CP. After a week or so of being with her I could communicate with her just fine and she with me. SHe was "in there" a good deal more than some people, who hadn't been around her, would understand. She was a nice girl- strong willed - smart as anything- and she could- at some point in her life hold a job if given the chance- and she would always need an aid to help her.

I have worked with children who do nothing- literally all day but rock back and forth- they will never be able to hold a job and will need constant care for everything- I worked as a job coach for developmentally disabled adults- under a JTPA contract where the government matches funds for hiring one of my clients.

SO there is money out there- the problem- again is the fraud.

I quit that job- under a social work contract- because I was given felons to work with instead of DD adults. (It is easier to place a "normaly functioning" felon than a developmentally disabled adult.)

It is the type of people we have in charge of these agencies that is the problem- the money is there, the people in charge are just very greedy and look for the easy way out

Now ,the case workers (just as many teachers in public education) and every below is working their hearts out, and believe in the cause, and are there for nobel reasons -but they don't see that they are enabling the problem - it is the so called compassionate liberals who have ruined the field of social work - for the reasons I have shown above- and now they are doing the same with public education.

We all know how and why- power, laziness, greed, manipulation, and lies. Liberals are self-centered power mongers and they have control over our Social services and education. *sad*

270 posted on 11/18/2005 4:10:35 AM PST by Diva Betsy Ross (Code pink stinks)
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To: Diva Betsy Ross
I defy you to find one example of where I even mentioned medicating any child whether it be mine, yours or anothers. In fact, I did not.


You, on the other hand, seem to be incapable of doing anything but attack people here. You call others names, use snide remarks and throw around accusations. You stand in the middle of a huge mud pile covered with filth from head to toe and then point out the slightest bit of dirt on another. You approach every conversation with the same crude attacks--not every problem requires a hammer. Sometimes a lighter touch does just as well, if not better.

271 posted on 11/18/2005 4:42:41 AM PST by Thoeting
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To: Thoeting
And the fact that you don't *like* me has what to do with the topic at hand? I understand you think the issue is me and how much you don't like me...but the issue is not me or how much you don't like me.... the issue is fraud in the public schools and overmedication and misdiagnosing children.

SO-do you have anything to offer toward those ends? Or is your only point here: you don't like me.

Boy you sure are touchy about this topic... makes me think I am getting close to the truth. ;]

272 posted on 11/18/2005 5:08:49 AM PST by Diva Betsy Ross (Code pink stinks)
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To: Diva Betsy Ross
I neither like nor dislike you and never said either way.


This has a very "middle-schoolish" bent to it. Unless there is something substantive, I think I'll let you have the last word.

273 posted on 11/18/2005 5:21:16 AM PST by Thoeting
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To: Diva Betsy Ross
I neither like nor dislike you and never said either way.


This has a very "middle-schoolish" bent to it. Unless there is something substantive, I think I'll let you have the last word.

274 posted on 11/18/2005 5:21:18 AM PST by Thoeting
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To: Thoeting

Ack! double post **sigh**


275 posted on 11/18/2005 5:21:47 AM PST by Thoeting
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To: Thoeting

You returned to FR after so long an absence , to post to me and that is all you have to say? Ummm..ok. So see you next time one of your other screen names disagrees with me, huh? LOL!


276 posted on 11/18/2005 5:29:02 AM PST by Diva Betsy Ross (Code pink stinks)
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To: Diva Betsy Ross
What nice competition?

However, there is a difference between taking a tough stance and the persona of being an arrogant know-it-all.

Being naivete about how nice or not nice you think you are will get you no where.
277 posted on 11/18/2005 7:36:26 AM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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To: OKIEDOC
"However, there is a difference between taking a tough stance and the persona of being an arrogant know-it-all.."

Which of course is a matter of personal interpretation not a discussion of the topic.

Again, I understand you think it is important, but I don't care how you feel toward me.

I am not here to blow sunshine up your butt. Got it yet? Got any facts you wish to discuss on this topic other than how you feel about me? No? Didn't think so. :]

278 posted on 11/18/2005 8:03:46 AM PST by Diva Betsy Ross (Code pink stinks)
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To: Diva Betsy Ross
The fact is that many people agree there is fraud in the public school system on this topic.

It IS a fact that many people agree there is fraud in the public school system in the use of special education funding.

It's also a fact that many of the people who agree on this - i.e. who believe this - have no proof that their belief is correct.

To put it another way, many small children agree that there is a Santa Claus. They all agree, but they may still all be incorrect.

279 posted on 11/18/2005 2:00:29 PM PST by Amelia
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To: Diva Betsy Ross
For example, some experts believe that the mysterious increase of children with ADD is .. well mysterious....I happen to agree with many business leaders, conservative thinks tanks, whole health care physicians, conservative educators and my own "lying" eyes-who all point to there being many different reason for this increase, including outright fraud by some in the public school system and mental health fields.

Not that I have any scientific data to back me up, and of course different people have different experiences, but in my experience the increase in cases of ADD/ADHD is the result of the new child-rearing methods of Dr. Spock and his followers.

Now we have parents who don't enforce discipline at home reaping the consequences, and wanting to blame it on a disorder rather than their own poor parenting skills, lack of consistency, or belief in not stifling the creativity & self-expression of their little darlings.

When the teachers complain that the cute little sweeties won't try to learn and disrupt the learning of others, if the parents can have their children diagnosed with a disorder and given an I.E.P., legally the children can't help it, won't be held accountable for their poor behavior, and the parents can blame the teachers for not making accomodations rather than having to make the effort themselves to make Johnny behave.

Now, that's me. The special ed. teachers blame a lot of the increase in behavior & learning disorders on parents using drugs, particularly crack, while they were pregnant. We also have to consider the tiny preemie babies that ten or twenty years ago would not have survived - now they do, but they may have sustained some neurological damage from their early entry into the world.

Now that's not to say that any of this applies to all ADD/ADHD, BD, and/or LD kids....but I think we were speaking of the increase?

280 posted on 11/18/2005 2:17:11 PM PST by Amelia
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