The U.S. Supreme Court said this week that it will not consider a special education case that raised questions about whether or not school districts should be liable if they fail to identify a child’s special needs.
The case was brought by a California mother who said that her local school district did not identify her daughter’s disabilities even as teachers reported that the 10th-grader “colored with crayons at her desk, played with dolls in class and urinated on herself.” The student, known as Addison in court papers, went without special education services and continued to be promoted to the next grade, her mother alleged.
Addison’s mother sued the Compton Unified School District in 2004 saying that educators should have noticed the girl’s needs sooner. She cited the “child find” clause under the Individuals with Disabilities Education Act, which obligates schools to identify students who may qualify for special education services.
Addison’s mother won her case before an administrative law judge and the decision was affirmed by the Ninth Circuit Court of Appeals. But the school district appealed to the Supreme Court, arguing that the ruling would expose schools to claims of “educational malpractice.”
Last spring, the high court asked the Obama administration to weigh in on the matter. And in a November brief, the U.S. Solicitor General responded by urging the court to decline the case indicating that the school district’s claims were unsubstantiated.
On Monday, the court said that it would not hear the case — Compton Unified School District v. Addison — without providing additional comment.
this is plain wrong for the Supreme Court to not hear this case
It appears we have 9 supreme idiots on the great court.
The Solicitor General is a complete idiot as well.
These judges are put in the position to rule on issues that resolution
cannot be determined, it appears that the almighty dollar is playing
a significant role in this matter. My concern is what would any of those
Justices do if they had a child w/a disability.
“Addison’s mother won her case before an administrative law judge and the decision was affirmed by the Ninth Circuit Court of Appeals.”
Please read that line a few more times before you blast the Supreme Court. The court AGREED with the MOTHER on the two lower levels. If the Supreme Court agreed to listen to this case, then that would be the disgrace.
To Allen, your second hint should have been “the U.S. Solicitor General responded by urging the court to decline the case indicating that the school district’s claims were unsubstantiated.”
I agree with Eric. This is a victory for families and students with disabilities. If the account is true (and apparently an administrative law judge AND the Ninth Circuit believed it was), the student was woefully underserved by a community that reflects a national disgrace of how disabled people are treated.
Please don’t think I’m casting aspersions on anyone. I realize that there are some pretty poorly run school districts in this country, but how was it that it took this mom 10 years before she was able to convince someone that the school district failed miserably? I’m sure this story is incomplete.
Educational malpractice it is. If a child needs help they should get it period!
YEAH!!!! Finally, a parent is vindicated. These small victories mean a lot to the rest of us. Thank you to the US Solicitor General and the US Supreme Court for their support in preventing an at fault school district from dragging out and further delaying the rights and services of this child. I think other school districts should sit up and take note. You have an obligation to our children – do your job and let us do ours.
Parent/Advocate for a child with Autism Spectrum Disorder etc
To those that made the eight comments below: Bravo!, even to Paul White. He didn’t quite get it at first, but now with the help of others, he is on our side. Way to go Paul, as well as to the mother of the girl. This mother didn’t quit, and now I too, hope that she can recoup and ask for compensatory education, since it took so long to get through the hell this family has gone through.
Thank God. I think Allen was thinking they could have heard and ruled in favor of the mother, setting precedent as the Supreme Court, which would then resolve the issue for good for any other cases. In essence it would stop schools from delaying justice pending the appeal. That is just the way I took his statement. Hey, we have the same name, well mine is my last name :)
February 8, 2012
My suggestion: Videotape the child’s actions at home and in class to prove that the disabled child has
a serious medical condition / disability that needs to be addressed. Education administrators should take a look at the tape and meet with the school board to discuss educational placement for the child, and determine type of services to meet the child’s needs.