[blindlaw] Supreme Court Decision

[Rod Alcidonis]

Bureau of National Affairs, Inc., reports:

 

Parents of Disabled Students Have Independent Right To Sue Over 'Free
Appropriate Public Education' of Their Child

 

Parents of disabled students may themselves challenge in federal court
whether their child is receiving the free appropriate public education
guaranteed by the Individuals with Disabilities Education Act, the U.S.

Supreme Court holds, resolving a circuit split. Reversing the Sixth
Circuit's dismissal of a pro se parental suit, the court said the IDEA, when
read as a whole, gives parents rights that are independent from those of
their child, so that they can represent their own interests in litigation.

 

The comprehensive role that the statute gives to parents and the panoply of
expressly conferred procedural rights afforded them combine to support the
view that parents have an "independent, enforceable right"

that encompasses entitlement to a FAPE for their child, the court explains.
.. Page 1700 

 

Rod Alcidonis

Juris Doctor Candidate, 2009 

Roger Williams University School of Law 

Bristol, RI 02809 

718-704-4651

roddj12 at hotmail.com

 

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Bureau of National Affairs, Inc., reports:
 
Parents of Disabled Students Have Independent Right To Sue Over &#8216;Free Appropriate Public Education' of Their Child
 
Parents of disabled students may themselves challenge in federal court whether their child is receiving the free appropriate public education guaranteed by the Individuals with Disabilities Education Act, the U.S.
Supreme Court holds, resolving a circuit split. Reversing the Sixth Circuit's dismissal of a pro se parental suit, the court said the IDEA, when read as a whole, gives parents rights that are independent from those of their child, so that they can represent their own interests in litigation.
 
The comprehensive role that the statute gives to parents and the panoply of expressly conferred procedural rights afforded them combine to support the view that parents have an "independent, enforceable right"
that encompasses entitlement to a FAPE for their child, the court explains. ... Page 1700
 
Rod Alcidonis
Juris Doctor Candidate, 2009
Roger Williams University School of Law
Bristol, RI 02809
718-704-4651
roddj12 at hotmail.com