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Honig v. Doe, 484 U.S. 305 (1988)

October 28, 2011 in Special Education Advisor Blog by Doug Goldberg

JUSTICE BRENNAN delivered the opinion of the Court.

As a condition of federal financial assistance, the Education of the Handicapped Act requires States to ensure a "free appropriate public education" for all disabled children within their jurisdictions. In aid of this goal, the Act establishes a comprehensive system of procedural safeguards designed to ensure parental participation in decisions concerning the education of their disabled children and to provide administrative and judicial review of any decisions with which those parents disagree. Among these safeguards is the so-called "stay-put" provision, which directs that a disabled child "shall remain in [his or her] then current educational placement" pending completion of any review proceedings, unless the parents and state or local educational agencies otherwise agree. 20 U.S.C. 1415(e)(3). Today we must decide whether, in the face of this statutory proscription, state or local school authorities may nevertheless unilaterally exclude disabled children from the classroom for dangerous or disruptive conduct growing out of their disabilities. In addition, we are called upon to decide whether a district court may, in the exercise of its equitable powers, order a State to provide educational services directly to a disabled child when the local agency fails to do so. [484 U.S. 305, 309] Read the rest of this entry →

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Burlington School Committee v. Massachusetts Department Of Education, 471 U.S. 359 (1985)

October 28, 2011 in Special Education Advisor Blog by Doug Goldberg

JUSTICE REHNQUIST delivered the opinion of the Court.

The Education of the Handicapped Act (Act), 84 Stat. 175, as amended, 20 U.S.C. 1401 et seq., requires participating state and local educational agencies "to assure that handicapped children and their parents or guardians are guaranteed procedural safeguards with respect to the provision of free appropriate public education" to such handicapped children. 1415(a). These procedures include the right of the parents to participate in the development of an "individualized education program" (IEP) for the child and to challenge in administrative and court proceedings a proposed IEP with which they disagree. 1401(19), 1415(b), (d), (e). Where as in the present case review of a contested IEP takes years to run its course - years critical to the child's development - important practical questions arise concerning interim placement of the child and financial responsibility for that placement. This case requires us to address some of those questions. Read the rest of this entry →

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After 27 Years, School Districts in California are once again responsible for Mental Health Services

July 15, 2011 in Special Education Advisor Blog by Dennise Goldberg

Under the Individuals with Disabilities Education Act (IDEA), children with disabilities are entitled to a Free Appropriate Public Education (FAPE) with the assistance of related services.  One of these related services are mental health services.  A child, who qualifies for special education, has an Individualized Education Program (IEP) and who requires mental health services may receive services at no cost. 

Prior to 1984, California schools were responsible for providing these mental health services for students with an IEP who needed them.  In 1984, the California Assembly Speaker Willie Brown authored AB 3632 requiring counties, not School Districts, to provide these mental health services to the students that qualified.  This was because there were major concerns that students with mental health needs were not receiving proper mental health services as required by IDEA.  After 27 years of California School Districts working jointly with County Mental Health to provide these mental health services, last week all of that changed!! Read the rest of this entry →

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