decided March 6, 2008 in the United States Court of Appeals for the 11th Circuit.
The argument of the School System would provide those wealthier parents greater benefits under the [Individuals with Disabilities Education] Act than poorer parents.
The Act does not relegate families who lack the resources to place their children unilaterally in private schools to shouldering the burden of proving that the public school cannot adequately educate their child before those parents can obtain a placement in a private school. 1
The school district must provide compensatory education when a student's educational deficit is created by the school district's ongoing failure to educate the student.
An educational deficit is created when a school fails to provide instruction that is consistent with a disabled student's tested ability.
Compensatory education allows the court to use its judgment and create a complete award that will cure the injury caused by the schools failure to properly educate a child.
This is important because parents that lack the resources to place a student in a private school now have a means to negotiate with the district over the services provided to their child.
The school district, by the language the decision, can be ordered to pay for education at a private school if the school persistently fails to provide adequate services. This decision places parents in a stronger position to advocate for their children, because the district can be forced to pay if they fail.
In this case the school failed because the child was improperly evaluated and subsequently misdiagnosed. Initially the school found the student was mentally retarded, but it was later discovered that he had dyslexia. This meant the school did not properly pursue a curriculum that would allow the student to read beyond a third grade level.
1Draper v. Atlanta Indep. Sch. Dist., No. 07-11777, at *19-20, 2008 WL 603280 (11th Cir. Mar. 8, 2008)
2 comments:
language learning Milet Publishing Offer translated books from another language into English. Children's books, short stories books, language learning, books for teenagers & young adult fiction.
Post a Comment