Discussing Autism

According to Autism Speaks, The Supreme Court voted last week to uphold the Second Circuit Court decision in the case of Board of Education of City of New York v. Tom F, affirming the parents right to challenge a school district’s Individual Education Plan without first putting the plan to use to try it out.

Last year the Winkelman v. Parma (and Kirby vs. Wright) School District case was a major turning point in Special Education law because it set a precedent for parents to take charge of their student’s education and not “allow” educators to have a final say in what is best.

Now, a free and appropriate education means something different for special education students. Teachers, staff, and administrators MUST work hard to prepare and revise IEPs to meet the needs of students and agree with parents. But, are parents going too far?

In this particular case an impartial hearing officer found that the school district did not offer an appropriate program and granted the parent’s request for tuition reimbursement (tuition had been reimbursed for the previous two years as well). This time, however, the school district appealed, as the student had never attended their school. The U.S. District court thus “reversed the decisions of the impartial hearing officer and state review officer, and held that the Individuals with Disabilities Education Act (IDEA) does not require a school district to reimburse a parent if the child has never been enrolled in public school”.

So, have the parents gone too far? Should a child have to try a school and an IEP out before claiming it is not appropriate?

Autism Speaks says absolutely not. When we adopted AJ we were told to get medical help as soon as possible…get therapy immediately…don’t “wait and see”.

“Today the court affirmed the danger of making students try out an inappropriate school district program. Students who need early intervention do not have time to waste,” said Gary Mayerson, an Autism Speaks board member and founder of law firm Mayerson & Associates. “School districts need to fulfill their statutory responsibility to create an appropriate IEP for every child with a disability or to pay for that student to attend an appropriate private school.”

The ruling requires New York City schools to reimburse the family for private education.

Word Press, Technorati, New York City, Schools, IEP, Autism Speaks, IDEA, Individual Education Plan, tuition reimbursement, Supreme court, district court, Tags