I was about to conquer the world but then I got distracted by something shiny.
Post by charliegirl on Apr 21, 2008 19:54:39 GMT -5
You need to read the entire article. It sets a mind blowing precedent for our kids in the future.
www.wrightslaw.com/law/art/draper.comped.wyner.htm
On March 6, 2008, the Court of Appeals unanimously upheld the decision of the District Court in favor of our client in Jarron Draper v. Atlanta Independent School System (11th Cir. 2008).
Jarron DraperIn 2007, the District Court had ordered the Atlanta Independent School System to pay Jarron's tuition at a private special education school for four years, or until he graduated with a regular high school diploma, as prospective compensatory education for their persistent failure to educate him.
The Atlanta Independent School System and Jarron appealed to the U. S. Court of Appeals for the Eleventh Circuit to resolve different issues.
Prospective Compensatory Education in a Non-Public School
The U.S. Court of Appeals for the Eleventh Circuit approved the District Court's award of compensatory education requiring the School System to fund prospective educational services provided by a private school. The Court specifically rejected the notion that the student had to prove that the public school system was incapable of providing the compensatory education.
The Court relied on the Supreme Court decisions in Sch. Comm. of Burlington v. Dep't of Educ., 471 U.S. 359, 105 S.Ct. 1996 (1985) and Florence County Sch. Dist. Four v. Carter ex rel. Carter, 510 U.S. 7, 16, 114 S.Ct. 361, 366 (1993), which held that school districts are required to reimburse parents for the costs of private placements in nonpublic schools when the public school failed to provide an appropriate education.
IDEA Does Not Provide Wealthier Parents with Greater Benefits Than Poorer Parents
Relying on these decisions, the Court reasoned that the District Court had the authority to require a public school to pay the cost of prospective compensatory education that would be provided by a private school.
www.wrightslaw.com/law/art/draper.comped.wyner.htm
On March 6, 2008, the Court of Appeals unanimously upheld the decision of the District Court in favor of our client in Jarron Draper v. Atlanta Independent School System (11th Cir. 2008).
Jarron DraperIn 2007, the District Court had ordered the Atlanta Independent School System to pay Jarron's tuition at a private special education school for four years, or until he graduated with a regular high school diploma, as prospective compensatory education for their persistent failure to educate him.
The Atlanta Independent School System and Jarron appealed to the U. S. Court of Appeals for the Eleventh Circuit to resolve different issues.
Prospective Compensatory Education in a Non-Public School
The U.S. Court of Appeals for the Eleventh Circuit approved the District Court's award of compensatory education requiring the School System to fund prospective educational services provided by a private school. The Court specifically rejected the notion that the student had to prove that the public school system was incapable of providing the compensatory education.
The Court relied on the Supreme Court decisions in Sch. Comm. of Burlington v. Dep't of Educ., 471 U.S. 359, 105 S.Ct. 1996 (1985) and Florence County Sch. Dist. Four v. Carter ex rel. Carter, 510 U.S. 7, 16, 114 S.Ct. 361, 366 (1993), which held that school districts are required to reimburse parents for the costs of private placements in nonpublic schools when the public school failed to provide an appropriate education.
IDEA Does Not Provide Wealthier Parents with Greater Benefits Than Poorer Parents
Relying on these decisions, the Court reasoned that the District Court had the authority to require a public school to pay the cost of prospective compensatory education that would be provided by a private school.
