Supreme Court Considers How Schools Support Students With Disabilities

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Publish Date:
January 11, 2017
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National Public Radio (NPR)
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Summary

The U.S. Supreme Court heard arguments on Wednesday in a dispute that advocates describe as the most important case involving public school special education in three decades.

At issue is whether federal law requires public schools to provide more than the bare minimum in special services for children with disabilities. With millions of children qualifying for these services, the court’s ruling could have a profound effect.

In an interview after the argument, Stanford Law professor Jeffrey Fisher, representing an autistic boy from Colorado and his parents, argued for something significantly more.

“The school district here is saying, so long as we give barely more than a de minimus benefit, just we teach you a little bit of something, that is enough,” Fisher said. “We think that’s a recipe for second-class citizenship.”

Inside the courtroom, Fisher argued that the standard specified by Congress in its most recent amendments requires sufficient services so that children with disabilities can keep up with their peers.

Fisher replied that when the school refused to provide more specialized services, the parents sent the boy to a private school for children with autism. When he made marked progress there, the parents returned to the school district, asking that some of the same expertise be provided in the public school. When the school refused, that’s when the parents sued the school district for the annual $70,000 private school tuition.

Fisher said most services do not cost much at all, but he conceded there are some extreme cases — like a child with a ventilator — where the costs are $30,000 or $40,000. Nonetheless, Fisher contended, costs “can’t trump” what the law requires.

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