Wednesday, September 23, 2009

reasoning of the court

reasoning of the court

 The decision of the courts is in favor of the child, the parent will be rein burst for the private school tuition that they put their child in. The fact that the child wasn’t receiving FAPE prior to being enrolled in a private school was a major factor. Another fact behind the courts reasoning is that the psychologist that first interviewed the child was later discovered that it’s wasn’t a full interview. In fact the child had ADHA, which didn’t severely affect his schoolwork but effected it enough for him to struggle .Along with the ADHD there were other non-specified disabilities that the child exhibited. Fact three is that "IEP is an education plan tailored to a child’s unique needs that is designed by the school district in consultation with the child’s parents after the child is identified as eligible for special-education services". Though the amendment made to the 1997 IDEA says parents will be rein burst for private schooling doesn’t apply to this case. I think that the court decided what was in the child’s best interest. The public school couldn’t or wouldn’t provide the right education for the student so the parent put the child in a private school where they could be assure that the child will get the education that he/she deserves.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

http://www.law.cornell.edu/supct/html/08-305.ZO.html

 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=08-305

No comments:

Post a Comment