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New York Loses Special Education Appeal

Discussion in 'Political Discussion' started by Patters, Oct 10, 2007.

  1. Patters

    Patters Moderator Staff Member PatsFans.com Supporter

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    http://abcnews.go.com/Politics/WireStory?id=3711852&page=2

    The Supreme Court on Wednesday affirmed a ruling that requires New York City schools to reimburse a wealthy businessman for private special education for his son.

    The justices split 4-4 on the case, which means a lower court ruling siding with former Viacom executive Tom Freston remains in place.

    Lower courts had sided with Freston against New York City's board of education, saying the city must pay for educating the learning-disabled student, even though he had been enrolled in private school.

    ...

    In arguments before the Supreme Court on Oct. 1, New York City's top appeals lawyer argued that when a school district says it has a good program for special ed students, the law requires parents to enroll their children in the program before transferring to private school and seeking reimbursement.
     
  2. FreeTedWilliams

    FreeTedWilliams pfadmins PatsFans.com Supporter

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    #75 Jersey

    I would be very worried if I was the NYC school board, with the ever expanding definition of "speical needs" they would soon be subsidising every Upper West side rich kids, private education.

    I can't see the logic of this decision, if the public school has a "special ed" class, which I'm sure they do. How can they make the school system pay for a private one.
     
  3. PatsFanInMaine

    PatsFanInMaine Third String But Playing on Special Teams

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    It's really quite simple. Apparently the courts agree that NYC's Special Ed classes do not meet the needs of this child. Accordingly the law requires that the School District reimburse the parents for the private school because the School District has failed in it's duty to provide for the special needs of the student.
     
  4. Patters

    Patters Moderator Staff Member PatsFans.com Supporter

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    The Supreme Court is looking at the law, not passing judgment on the quality of NYC's Special Ed classes. The law is apparently written in such a way that parents can send their disabled kids anywhere and the city has to pay. The law probably needs to be rewritten.
     
  5. Real World

    Real World Moderator Staff Member

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    The law is written to protect the needs of the kid. If the public school system's special needs program is insufficient, then the parent has the right to find a private school that is. When they do, the city has to reimburse the parents for the tuition costs. The law makes sense since the parents are paying for a public education that can't educate their child. Remember, it's all about saving the children Patters. :p
     

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