From the Boston Globe: A superior court judge ruled that the Cohasset, MA, public schools can continue providing special education services to an eighth-grader against the wishes of his parents, who want him out of the program.
Earlier story here.
More than 50 million people in the United States have disabilities, a number that is growing rapidly as the population ages. Experts say disability will soon affect the lives of most Americans. This website attempts to aggregate news and commentary about disability, and to document the efforts of people who are seeking new ways to address familiar challenges.
Join journalist Patricia E. Bauer as she seeks to bring you the best information about what's happening now and what it may mean for you and your loved ones.
Sign up for our mailing list!
Our RSS Feed
December 17th, 2007 at 3:12 pm
The result in this case is baffling to me. The federal law clearly states: “If the parent of such child refuses to consent to services under clause (i)(II), the local educational agency shall not provide special education and related services to the child . . . .” Previously (IDEA ’97), the law provided the school with the right to challenge that decision, but that changed in the 2004 reauthorization of IDEA. Since the federal law preempts any state law to the contrary, there doesn’t seem to be any leeway for judicial discretion — it’s strictly a question of law. This case should not have been about what is best for the child, but who should make that decision. The law clearly falls on the side of the parents on this issue.
So what happened? Were the parent’s representing themselves? Was the potential impact of refusal so extreme as to endanger the child’s life or health? I don’t even understand why the school pursued it. The parents can just take the child to a private school (which I believe is what they have said they will do). Unless, of course, that was the point. Or unless the superior court has decided to take over all parenting decisions . . . .