The Supreme Court on Wednesday unanimously raised the bar for the educational benefits owed to millions of children with disabilities in one of the most significant special-education cases to reach the high court in decades.
The opinion rejected a lower standard set by the U.S. Court of Appeals for the 10th Circuit and used in a subsequent case by President Trumps nominee to the high court, Neil Gorsuch, during his tenure on the appeals court. The high courts ruling quickly became the focus of questions on Wednesday at Gorsuchs confirmation hearing.
In its unanimous ruling, the Supreme Court said a childs educational program must be appropriately ambitious in light of his circumstances and that every child should have the chance to meet challenging objectives even if the child is not fully integrated into regular classrooms.
https://www.washingtonpost.com/poli...83e627dc120_story.html?utm_term=.178cf535ead5
This should be interesting considering that DeVos doesn't understand IDEA (Individuals with Disabilities Act).
Especially intersteing because situations like the below are quite common
Ten years later, the couple sat across a wooden table from Caleb, now 16, a high-school dropout and, as of September, a survivor of a suicide attempt.
Not only did Caleb never return to his local school, but he learned little throughout his elementary-, middle- and high-school yearswhich included hundreds of hours struggling through computer lessons in math, science, and social studies.
His paltry education was much like that of dozens of other children in the GNETS system whose experiences this reporter researched. Aspects of Calebs time in GNETS were echoed by the families interviewed: a sense that they could do nothing to get their children back into local schools once they were in the system and a hopelessness in the face of violence and chaos in the classrooms. Most, but not all, reported an absence of the sort of therapeutic benefit implied by the programs name.
There are children like Caleb and his GNETS classmates all over the countrywith diagnoses including ADHD, bipolar disorder, and, increasingly, autism. They are often placed in separate classrooms within public schools and spend large numbers of hours on computers using technology that is not aligned with their specific needs. Georgia has had an entirely separate and separately funded program for children with emotional and behavioral disorders for five decades.
The Georgia program caught the attention of the Department of Justice (DOJ), which launched an investigation that lasted several years, resulting in a 21-page letter of findings in July 2015, and a lawsuit in August 2016.
According to that lawsuit, the GNETS system violates the federal Americans with Disabilities Act, or ADA, both by segregating children with disabilities and by denying them access to an equal education.
The state of Georgia filed a motion to dismiss the lawsuit in October. Students like Caleb continue to languish in GNETS schools while the lawsuit continues its course. The most recent move came on December 9, when the Department of Justice filed a brief opposing the states motion to dismiss. Whether the Trump administration will approach the case differently is unclear.
https://www.theatlantic.com/educati...cation-of-students-with-special-needs/520140/
That sure doesnt sound constitutional under the SC recent ruling.