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Date Posted: 06:03:51 11/13/07 Tue
Author: Larry
Subject: Hard to say what they'll do
In reply to: MH 's message, "Re: Today’s special – sliced and diced Randy Hicks" on 23:05:25 11/12/07 Mon

This case hinges on the definition of "denied appropriate education" concerning kids who have never attended public school. There have been decisions both ways, but I'm not sure it's ambiguous wording as much as it is a judgment call for each individual case.

The Supremes may clear up the definition, but that doesn't always happen. Either way, someone has something in mind, or they wouldn't have agreed to hear the case.

The failing in public school first thing isn't Gwinnett or any other school's policy; it's the wording of IDEA that allows reimbursement only if the public school fails to provide an appropriate education. Some courts have held that a public school can fail during the planning for the upcoming year, before the kid actually attends.

One of the problem, which I hope the school points out, is that IDEA doesn't fund what it requires. Depending on the outcome of this case, you may see more legal action between school districts and the feds based on funding.

We'll see.

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