The United states Supreme Court has declined review of two special education cases. The order denying "certiorari," or review, of the lower court decision may be found on pages 8 and 9 of this link.
In LM, et al v. Capistrano Unified Sch Dist 538 F.3d 1261, 50 IDELR 181 (9th Cir. 8/19/2008), the Ninth Circuit held that the school district violated state law by limiting the time that a psychologist could observe the student's placement to 20 minute increments, the parents were not thereby deprived of a meaningful opportunity to participate in the IEP review process. Therefore FAPE was provided by the district. The Supremes let the Ninth Circuit decision stand.
The other case was Stancourt ex rel Stancourt v. Worthington City Sch Dist 51 IDELR 19 (Ohio Ct App 9/9/2008). In this decision, the Ohio appellate court ruled that the stay put clause did not prohibit a school district from modifying a student's behavior plan while a due process hearing was pending because a behavior plan is not a part of an "educational placement,"where evidence supported that the behavior plan would not have been effective without modification. The Supremes also decided not to hear this case.
Unfortunately for us special ed law junkies, there will be no supreme court action this term. I'm going to go out on a limb though and suggest that there will be a special education decision by the high court next term. What do you think? Am I right?
In LM, et al v. Capistrano Unified Sch Dist 538 F.3d 1261, 50 IDELR 181 (9th Cir. 8/19/2008), the Ninth Circuit held that the school district violated state law by limiting the time that a psychologist could observe the student's placement to 20 minute increments, the parents were not thereby deprived of a meaningful opportunity to participate in the IEP review process. Therefore FAPE was provided by the district. The Supremes let the Ninth Circuit decision stand.
The other case was Stancourt ex rel Stancourt v. Worthington City Sch Dist 51 IDELR 19 (Ohio Ct App 9/9/2008). In this decision, the Ohio appellate court ruled that the stay put clause did not prohibit a school district from modifying a student's behavior plan while a due process hearing was pending because a behavior plan is not a part of an "educational placement,"where evidence supported that the behavior plan would not have been effective without modification. The Supremes also decided not to hear this case.
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Unfortunately for us special ed law junkies, there will be no supreme court action this term. I'm going to go out on a limb though and suggest that there will be a special education decision by the high court next term. What do you think? Am I right?
