NLDline
Subj: THE SPECIAL ED ADVOCATE, VOL. II, NO. 6 (FEB. 23, 1999)If “Yes,” please provide us
with the URL (internet address) for due
process decisions.
SPECIAL ED REGS
2. Does your state publish special education regulations on the
Internet? Yes or No.
If “Yes,” please provide us with the URL (internet address) for your
state regulations.
BY STATE
3. Your State of Residence.
If you have answers to these questions, please send your answers by email to
survey@wrightslaw.com For a printable
copy of the survey, go to http://www.wrightslaw.com/news/news_wrightslaw_survey_9902.htm
After we tally your responses, we’ll post our findings on the web site.
=================
2. NEWS FLASH! Countdown on Final IDEA Regs
In June, 1997, the Individuals with Disabilities Education Act was re-authorized. In
October, 1997, the U. S. Department of Education published the “Proposed Regs”
in the Federal Register. Eighteen months later, the Final IDEA Regulations have not been
issued by the U. S.
Department of Education.
The Office of Management and Budget (OMB) is responsible for reviewing new regulations to
ensure that they are “consistent with change.” Reliable sources advise that the
OMB released the Final IDEA Regulations to the U. S. Department of Education on February
18, 1999.
The Department of Education is preparing to publish the Final IDEA Regs.
The DOE has “tentatively scheduled” satellite teleconferences for Wednesday,
March 3 and Wednesday, March 10, 1999 from 2:00 p.m. to 4:00 p.m. EST. Questions will be
fielded by Judy Heumann and Tom Hehir of the U. S. Department of Education.
Subscribers to The Special Ed Advocate will receive an Alert when the Final IDEA Regs are
released.
================
3. U. S. SUPREME COURT UPDATE: CEDAR RAPIDS V. GARRET F.
On Thursday, November 5, 1998, the U.S. Supreme Court heard oral argument in the Cedar
Rapids v. Garret F. case. Garret is a high school student who was paralyzed at age four in
a motorcycle accident. On February 22, 1999, the Supreme Court has still not issued a
final ruling
in Garret’s case.
BACKGROUND
Garret’s mother asked the school to pay the cost of providing an attendant. She
believes that the school district should provide Garret with an attendant as a service
under the Individuals with Disabilities Act. The IDEA provides that all children with
disabilities will receive
a "free appropriate public education" (FAPE). School districts are required to
provide "special education and related services."
The federal trial judge and the U. S. Court of Appeals for the Eighth Circuit ruled for
Garret and against the school district. The appeals court decided that because the care
Garret receives is not provided by a doctor, it is not exempt as a medical service.
The key issue in Garret’s case relates to nursing care that must be provided by his
school district so he can attend school.
HOW THE U. S. SUPREME COURT DECIDES
After hearing oral argument in a case, the Supreme Court Justices meet a few days later to
cast their votes and decide how and by whom the decision will be written.
Traditionally, these meetings are held on Wednesday and Friday. If oral argument is on
Monday or Tuesday, the outcome is decided at the Wednesday meeting. If oral argument is on
Thursday, the outcome is decided in the Friday meeting.
If the decision is unanimous, a Justice is appointed to write the decision. This decision
will be passed back and forth between the Justices for corrections before it is issued.
If the decision is not unanimous, the Justices decide who will write portions of the
decision during these meetings. Drafts that concur with and oppose the majority opinion
are reviewed and edited by the Justices until the final decision is ready for release. If
a long time passes between oral argument and issuance of the decision, this suggests that
the decision may be split.
UPDATE ON GARRET’S CASE
More than three months have passed since the Supreme Court heard oral argument in
Garret’s case. The Supreme Court has not issued a decision in Garret’s case. The
Supreme Court has issued decisions in cases that were argued after Garret’s case.
Burlington (1985) and Carter (1993) were unanimous decisions by the Supreme Court. The
decisions in Burlington and Carter were issued within five weeks of oral argument.
The long wait in Garret’s case leads us to wonder if the decision is not unanimous.
The Eighth Circuit’s decision in Garret’s case is in the Law Library -
http://www.wrightslaw.com/law/caselaw/case_cedar_rapids.html
==============
4. CIRCUIT FINDER
Do you know your circuit? As we wrote the update about Garret’s case, we wondered how
many readers knew the circuit they live in. Garret lives in Iowa which is in the Eighth
Circuit. Eighth Circuit decision are binding in these seven states:
North Dakota
South Dakota
Nebraska
Minnesota
Iowa
Missouri
Arkansas
What Circuit do you live in? Use our new Circuit Finder at
http://www.wrightslaw.com/advoc/articles/law_circuit_finder.htm
=================
5. EDITOR’S CHOICE FROM ADVOCATE’S BOOKSTORE
What are Special Ed Advocates reading?
“Negotiating the Special Education Maze: A Guide for Parents & Teachers” is
a bestseller.
Here are some comments about “Negotiating the Special Education Maze:”
"A MUST have reference for parents of a special ed child. If your child is in special
education, this book is beyond value. It explains the processes involved, what schools are
and are not permitted to do, and what you and they must do. This book gives you the base
you need to work on behalf of your child."
"No parent facing a school's 'child study team' should be without this. You'll be
amazed at the rights you and your child actually have!" For information about
“Negotiating the Special Ed Maze” and other good books about advocacy, go to
http://www.wrightslaw.com/bkstore/bks_law.htm
=============
6. SUBSCRIPTION INFORMATION
To subscribe to The Special Ed Advocate, send an email to majordomo@wrightslaw.com
In the beginning of your message, insert the following words exactly, with the hyphens,
all lowercase - subscribe special-ed-advocate
You will receive an automatic, computerized confirmation that your request "has been
forwarded to the owner of the special-ed-advocate list for approval and that it is a
closed list." Within a couple of days, you will receive a message confirming that you
are a subscriber.
To unsubscribe to The Special Ed Advocate, send an email to majordomo@wrightslaw.com
In the beginning of your message, insert the following words exactly, with the hyphens,
all lowercase - unsubscribe special-ed-advocate
===========
7. CONTACT INFORMATION
Pete and Pam Wright
c/o The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Phone: 804-257-0857
Website: http://www.wrightslaw.com Email:
webmaster@wrightslaw.com
The resources at this website are copyrighted by the authors. They may be used for
non-commercial purposes only. They may not be redistributed for commercial purposes
without the express written consent of Peter W. D. Wright.
It is not necessary to obtain our consent to link to our website or copy, print and
distribute our articles and newsletters for nonprofit purposes so long as the material is
reproduced in its entirety and credit is given to Pete and Pam Wright and
"wrightslaw" including the
URL - http://www.wrightslaw.com
Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.