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[Tripon]

The Supreme Court review of a battle between the parents of an autistic child and his Colorado school district could help raise the standards of education for some of the more than 6 million disabled schoolchildren across the United States. But it could also prove expensive for already cash-strapped school districts.

The case, named for a 17-year-old student who is referred to as Endrew F. in court documents, is slated to be heard by the justices in January. The legal battle largely boils down to whether disabled children are entitled to “some educational benefit,” as the 10th U.S. Circuit Court of Appeals ruled in the Colorado case, or whether schools should meet a higher standard and provide a “meaningful benefit” to students, as federal appellate courts in the 3rd and 6th circuits have ruled in cases from Pennsylvania and Tennessee.

The federal law under review covers children with 13 types of physical, mental, emotional and behavioral disabilities. Children with nonphysical disabilities, including learning disabilities and autism, make up the bulk of students covered.

In deciding the case, which involved a deaf student who was seeking a sign language interpreter, the court said the intent of the disabilities education law “was more to open the door of public education to handicapped children … than to guarantee any particular substantive level of education once inside.”

In the Colorado case the high court is considering, Endrew’s parents pulled him from public school because, they said, his IEP changed little from year to year. Goals for the child, like learning his classmates’ names and improving his writing skills, remained on the plan. They wanted the school district to pay for tuition at a private school for autistic children.

Lawyers for the school board in Douglas County, about 30 miles south of Denver, said while Endrew’s IEP goals largely remained the same, teachers’ expectations of him increased every year.

A victory for Endrew’s family could have costly implications for schools across the country.

“Where the rubber is going to hit the road is where you have significantly disabled kids or children who have multiple disabilities that make them more difficult to educate,” she said. “Schools would have to look at that population and see what they need to do to educate those kids in a meaningful way.”

Another case before the Supreme Court also could make it easier to sue schools. The high court heard arguments in October in a case brought by the parents of a girl with cerebral palsy who sued a Michigan school district for emotional damages after it limited where she could use her service dog at school. The case takes an unusual approach, suing not under IDEA but under the Americans with Disabilities Act. If the court sides with the parents, families would be able to take schools to court and seek monetary damages — something the administrative court process under IDEA does not allow.

http://www.huffingtonpost.com/entry...us_584983dae4b07d4bc0fa2561?hl=1&noRedirect=1

As a Special Education teacher, I'm interested in how it turns out.

As for the school that Endrew's Family took him to. It sounds like a Non Public School, or NPS. Which are state certified private schools that are specifically set up to serve the student population that cannot be serviced in the public school setting. They are only for students with an Individualized Education Plan (IEP). It can cost a school district $40,000 to $80,000 a year per student if a school district agrees to pay for a student to be there.

Here is how the state of California describes NPS'.

What is a nonpublic school or certified nonpublic school?

Nonpublic nonsectarian schools (NPS) are specialized private schools that provide services to public school students with disabilities. EC Section 56034 External link opens in new window or tab. defines an NPS as a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in an NPS is paid by the public LEA that places the student in the NPS based on the student’s individual needs. Unlike other private schools, each NPS is certified by the CDE. The federal government also uses the term nonpublic school but as a descriptor for any private school.

Questions concerning the operation of certified nonpublic schools should be directed to the CDE Special Education Division, Interagency-Nonpublic Schools/Agencies Unit at 916-327-0141.

http://www.cde.ca.gov/sp/ps/psfaq.asp#a10

 

[Generalpsyduck]

Great. My personal experience with special ed has been fucking terrible.

 

[Guevara]

Considering school districts are already struggling, and unlikely to find additional funding, this sounds like a disaster in the making.


also:

...They wanted the school district to pay for tuition at a private school...

Gives me the willies.

 

[TangoAlphaLima]

In the Colorado case the high court is considering, Endrew’s parents pulled him from public school because, they said, his IEP changed little from year to year. Goals for the child, like learning his classmates’ names and improving his writing skills, remained on the plan. They wanted the school district to pay for tuition at a private school for autistic children.

Lawyers for the school board in Douglas County, about 30 miles south of Denver, said while Endrew’s IEP goals largely remained the same, teachers’ expectations of him increased every year.

Some of the problem here are the unreasonable expectations of the parents. If your kid can't learn his classmates' names or improve his writing skills from year to year, then maybe the problem is with the child rather than the education.

Autism can be a really terrible condition. It's asking a lot out of any educator, public or private, to make meaningful gains with a child who has debilitating limitations. I realize parents want the best for their kids, but they also need to be reasonable.

 

[sikkinixx]

Considering school districts are already struggling, and unlikely to find additional funding, this sounds like a disaster in the making.


also:

...They wanted the school district to pay for tuition at a private school...

Gives me the willies.

Yup. It's like when around here parents sued the government for allowing schools to charge fees for courses like home ec or shop or sports etc to help pay for the materials needed. They won, which meant the school had to pay, not parents, but the districts already have no money so they hacked any electives down to the bone for years.

 

[Generalpsyduck]

Good to see you guys value money over people. If they cant pay for it then cut useless programs such as football

 

[AndyD]

Some of the problem here are the unreasonable expectations of the parents. If your kid can't learn his classmates' names or improve his writing skills from year to year, then maybe the problem is with the child rather than the education.

Autism can be a really terrible condition. It's asking a lot out of any educator, public or private, to make meaningful gains with a child who has debilitating limitations. I realize parents want the best for their kids, but they also need to be reasonable.

I read that differently from you. In that he mastered those basic skills, but the school failed to elevate the standards on the IEP. Which means the school and teachers are not held to a higher bar to provide better education to him. That was the reason they wanted him to go to private school, so teachers will actually teach advanced skills. Hence the "open door to education" vs. "meaningful education once inside".

It's as if basic literacy was the only requirement for English classes from 1st to 12th. Or simply addition for Math from 1st to 12th. Regardless of whether the students have it down pat by the 3rd grade, there's be no requirement to do more from year to year. So teachers and the school have no motivation to spend money and time on more advanced books and topics that Dr. Seuss level books.

 

[Tripon]

Considering school districts are already struggling, and unlikely to find additional funding, this sounds like a disaster in the making.


also:

...They wanted the school district to pay for tuition at a private school...

Gives me the willies.

Again, it sounds like a NPS. A school specifically designed to service students with moderate to severe disabilities that can't be serviced in a public school.

They are actually pretty well regulated if that is your concern.

 

[DragonSworne]

I don't see a problem. The school district should fund the expense of schooling if they can't adequently meet the needs of a child with a disability.

Concerned about costs? Change how we fund schools in this country then. We already face a number of budget related issues funding schools but we make due anyway so I find it weird that spending money to help disabled children is the straw that breaks the camels back.

 

[Slayven]

Bend over backwards to cut taxes on companies, but bean count your kid's future.

 

[TangoAlphaLima]

I read that differently from you. In that he mastered those basic skills, but the school failed to elevate the standards on the IEP. Which means the school and teachers are not held to a higher bar to provide better education to him. That was the reason they wanted him to go to private school, so teachers will actually teach advanced skills. Hence the "open door to education" vs. "meaningful education once inside".

It's as if basic literacy was the only requirement for English classes from 1st to 12th. Or simply addition for Math from 1st to 12th. Regardless of whether the students have it down pat by the 3rd grade, there's be no requirement to do more from year to year. So teachers and the school have no motivation to spend money and time on more advanced books and topics that Dr. Seuss level books.

My wife works in special education. Does IEPs all the time. If a kid has mastered a goal, they can't just keep slapping that same goal on the IEP forever. There is little doubt in my mind that the kid at issue in this case is very low functioning, and thus has been unable to learn the basic goals they assigned him.

And maybe some of my perspective comes from hearing about so many unrealistic parents. There are a lot of great parents out there that understand the limitations that their child with a disability has, but there is a very vocal minority that doesn't, and they can cause a lot of problems.

 

[Karsticles]

As a teacher, my main concern here is that I already have a lot of SpEd kids, and I receive zero in-class support for them. It's a load of stress for me. I'm used to student expectations going up every year without any kind of help to make it happen, but this could signal a huge shift. If our nation had a sound education system, the results would be:
1) Yes, students deserve this support.
2) Yes, the government must provide specific funding for these needs.
3) Yes, the needs will be taken care of through tax increases.

What will really happen:
1) Yes, the students deserve this support.
2) No, the government will not provide specific funding for these needs.
3) One of two options: specialists are hired and class sizes get even bigger, or specialists are not hired and the increasingly impossible task of being a teacher becomes even more impossible.

I don't see a problem. The school district should fund the expense of schooling if they can't adequently meet the needs of a child with a disability.

Concerned about costs? Change how we fund schools in this country then. We already face a number of budget related issues funding schools but we make due anyway so I find it weird that spending money to help disabled children is the straw that breaks the camels back.

Oh, all we have to do is fix everything wrong in our country? Why didn't you so say so sooner?

My wife works in special education. Does IEPs all the time. If a kid has mastered a goal, they can't just keep slapping that same goal on the IEP forever. There is little doubt in my mind that the kid at issue in this case is very low functioning, and thus has been unable to learn the basic goals they assigned him.

And maybe some of my perspective comes from hearing about so many unrealistic parents. There are a lot of great parents out there that understand the limitations that their child with a disability has, but there is a very vocal minority that doesn't, and they can cause a lot of problems.

Parents are the worst part of teaching.

 

[GPsych]

There's no way Rowley is getting overturned with this supreme court. I fucking hate that Rowley decision, but if it were overturned it would literally be the end of the world for public education. There's no possible way that a school can maximize a student's educational benefit based off his or her potential. There's no way to even assess if that's actually happening. If Rowley is overturned, school districts would have to, at minimum, double the number of school psychologists, occupational therapists, physical therapists, and speech/language pathologists that they currently employ.

 

[The Lamp]

I don't see a problem. The school district should fund the expense of schooling if they can't adequently meet the needs of a child with a disability.

Concerned about costs? Change how we fund schools in this country then. We already face a number of budget related issues funding schools but we make due anyway so I find it weird that spending money to help disabled children is the straw that breaks the camels back.

Trump administration wants to severely diminish federal funding to education. There's no way but down from here.

 

[MisterShine]

As a teacher, my main concern here is that I already have a lot of SpEd kids, and I receive zero in-class support for them. It's a load of stress for me...

I would definitely die without my intervention specialist. She's a goddamn sorcerer. My grade is nearly 35~% sped though. Does your district not have a lot of intervention people?

 

[Karsticles]

I would definitely die without my intervention specialist. She's a goddamn sorcerer. My grade is nearly 35~% sped though. Does your district not have a lot of intervention people?

We have one wonderful woman who manages all of our school's SpEd and ELL students - probably around 150 total.

 

[Tripon]

We have one wonderful woman who manages all of our school's SpEd and ELL students - probably around 150 total.

Wow best practices puts it at 22-25 and LAUSD has it 28 max caseload.

To be frank, your school is going to have a lawsuit once a parent complains.

 

[tokkun]

Concerned about costs? Change how we fund schools in this country then.

That is not something the Supreme Court has the power to do, though. They can create a funding problem, but not a fix for it. Any legislative solution would likely take years at minimum, and I personally don't have great confidence in our current leaders to increase education funding, do you?

Bend over backwards to cut taxes on companies, but bean count your kid's future.

In the US a lot of the funding for school districts comes from property taxes on people living in the school district. Higher costs are usually borne by homeowners.

 

[mentallyinept]

My wife works in special education. Does IEPs all the time. If a kid has mastered a goal, they can't just keep slapping that same goal on the IEP forever. There is little doubt in my mind that the kid at issue in this case is very low functioning, and thus has been unable to learn the basic goals they assigned him.

And maybe some of my perspective comes from hearing about so many unrealistic parents. There are a lot of great parents out there that understand the limitations that their child with a disability has, but there is a very vocal minority that doesn't, and they can cause a lot of problems.

As a husband to a teacher, I wholeheartedly agree with this.

 

[Muppet of a Man]

Bend over backwards to cut taxes on companies, but bean count your kid's future.

Exactly. My son is 3 and was initially diagnosed as moderately autistic, but he is improving because of early intervention schooling, occupational therapy, and ABA therapy. ABA therapy by itself costs over 100k a year, and Obamacare with its provision for doing away with pre-existing conditions is basically the only reason reasonably-priced individual insurance policies are mandated to cover it now.

What they plan on doing to the ACA and how it could potentially negatively impact my son is one of the main reasons why Trump and the Republicans can get fucked and go to hell, amongst many other reasons of course.

 

[Saucycarpdog]

Concerned about costs? Change how we fund schools in this country then. We already face a number of budget related issues funding schools but we make due anyway so I find it weird that spending money to help disabled children is the straw that breaks the camels back.

That's a bit hard when you have Republicans trying their damndest to dismantle public education.

 

[SoRuffShoNuff]

Good to see you guys value money over people. If they cant pay for it then cut useless programs such as football

Then all the families move out of the school district with a public high school with no football team. The schools tax base dries up and there is not only no money for a special education program, there is no money for damn near anything.