Summary:
The U.S. Supreme Court ruled in favor of an Oregon family, 6-3, that they can sue the local public school district, their son attended, to cover the cost of the private school he attended. The public school determined he he did not qualify for their special education services at the time. According to some, minimal care given by the school district, could have avoided his care (residential) at the private school. The private school is approximately $60K a year. An attorney representing the Forest Groves School District (the public school), said the family, "acted unilaterally, and forfeited any reimbursement!" There was no notice to Forest Groves District of this decision to move the boy. The floodgates are open, according to some, for more families to use this case to sue public school districts into paying for their unilateral decisions also. On the bright side, some feel this situation will encourage school districts to cooperate/communicate with parents in a more professional manner.
My Verdict:
Who are we to judge families and the decisions they make? This family felt it was best to move their child to a costly private school. This situation is somewhat analagous to the Lebron James drama that occured over the summer...Yes, he should have informed the Cavaliers owner, Dan Gilbert, of his decision prior to the airing of, 'The Decision,' on ESPN,' just as the family probably should have informed the school district. Lebron, like this family, did make a unilateral decision, so what? Again, who are we to judge what Lebron feels is the best decision to take his talents to South Beach, and play for the Heat, and what environment this family feels is best for their son and his educational needs. Both of these situations, show that when a decision is to be made, people sometimes do what they feel is in their best intentions, regardless of adivice or prior sought out advisement...that is interesting, eerily similar to how some educational administrators make decisions...i.e. Cut-Throatson Academy???
References:
The U.S. Supreme Court ruled in favor of an Oregon family, 6-3, that they can sue the local public school district, their son attended, to cover the cost of the private school he attended. The public school determined he he did not qualify for their special education services at the time. According to some, minimal care given by the school district, could have avoided his care (residential) at the private school. The private school is approximately $60K a year. An attorney representing the Forest Groves School District (the public school), said the family, "acted unilaterally, and forfeited any reimbursement!" There was no notice to Forest Groves District of this decision to move the boy. The floodgates are open, according to some, for more families to use this case to sue public school districts into paying for their unilateral decisions also. On the bright side, some feel this situation will encourage school districts to cooperate/communicate with parents in a more professional manner.
My Verdict:
Who are we to judge families and the decisions they make? This family felt it was best to move their child to a costly private school. This situation is somewhat analagous to the Lebron James drama that occured over the summer...Yes, he should have informed the Cavaliers owner, Dan Gilbert, of his decision prior to the airing of, 'The Decision,' on ESPN,' just as the family probably should have informed the school district. Lebron, like this family, did make a unilateral decision, so what? Again, who are we to judge what Lebron feels is the best decision to take his talents to South Beach, and play for the Heat, and what environment this family feels is best for their son and his educational needs. Both of these situations, show that when a decision is to be made, people sometimes do what they feel is in their best intentions, regardless of adivice or prior sought out advisement...that is interesting, eerily similar to how some educational administrators make decisions...i.e. Cut-Throatson Academy???
References:
Abramson, Larry. "Justices Rule For Parents Of Special Ed Student." NPR : National Public Radio : News & Analysis, World, US, Music & Arts : NPR. Web. 16 Oct. 2010. http://www.npr.org/templates/story/story.php?storyId=105797012
"NPR Media Player." NPR : National Public Radio : News & Analysis, World, US, Music & Arts : NPR. Web. 18 Oct. 2010.
I see your point, but I respectfully disagree with it. My line of thinking is more along the lines of the dissenting opinion. I think what this case has done is remove some of the incentive to work with the public schools. Since it is the public school which will end up having to pay for the private school tuition, they are entitled to some degree of precedent. From my understanding of the ruling, I could enroll my child in a private school (for whatever reason) and later if my child is diagnosed with a learning disability I can go ahead and sue my child's previous public school for tution.
ReplyDeleteThe other point mentioned in the dissenting opinion was the enormous financial burden this could possibly place on public schools. I think public schools should not be forced to pay for this unless they have exhausted all other attempts to provide a free and appropriate education. I don't think they should be punished retroactively. If the student was evaluated and was found not to be eligible for special education services, then the expertise of the school system should carry some weight.
First I do not know all of the facts in this case so realize my opinions are based solely on the research I was able to do involving the case.
ReplyDeleteI understand your point of view as well but I will also disagree. To begin with your comparison to the Lebron James methaphor, when Lebron made is decision to leave Cleveland he didn't sue the Cavaliers organization for not trying to win a championship which would be the equivalent of what this family has done.
I understand if the family didn't want to inform the district after ALL options had been attempted however, it seemed that they gave up on the district and stopped trying to work with the school to find other accommodations that could have been successful. For much less money they could have gone to a doctor and had more tests done and asked for the district to pay for if he had been found to have a disability.
I just feel this is another example of people being sue crazy and looking for excuses to sue and put blame on someone else instead of working to try and find a solution and in the process save everyone a lot of money and time.