US Supreme Court Declines Review on Special Education Cases

This week, the US Supreme Court elected to not review several pending cases involving issues of special education, teacher behavior, violent speech, and more, according to an article by Education Week.

The highest-profile issue at hand was a case related to the Individuals with Disabilities Education (IDEA) Act and the proper placement of a special needs child in the Seattle school district. According to Education Week reporter Mark Walsh:

“In N.E. v. Seattle School District (Case No. 16-1285), the question was whether an educational setting constitutes a child’s “then-current educational placement” simply because it is the placement listed in an individualized education program (IEP) drafted by the school district, even when the parents objected to the portion of the IEP listing that placement, and the child never actually attended that placement.

The U.S. Court of Appeals for the 9th Circuit, in San Francisco, had ruled in favor of the Seattle School District in the case. Lawyers for N.E., a student with attention deficit hyperactivity disorder, argued that the 9th Circuit’s interpretation of the stay-put provision of IDEA was incorrect and inconsistent with several other federal circuit courts. 

“The circuits exist in a state of perpetual confusion” about how to apply the stay-put provision, the Supreme Court appeal on behalf of the student said.

The justices declined the appeal without comment.”

The court also denied to review other cases related to threats against a school over the Internet, alleged abuse of a student by a teacher, and retaliation.

Read the full article on Education Week.


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