Tug of War Over States' Powers Has Lawyers Watching Closely
There was nothing extraordinary about the 1997 dispute between an Arkansas couple and a school district over the special education plan for their autistic son.
The parents, identified in court papers as Jim and Susan C., wanted their 8-year-old to be taught using an approach known as the Lovaas program. The Atkins school district and a special education cooperative said no. So the parents sued the districts and the Arkansas Department of Education in federal court under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
Thousands of parents sue their school districts and states every year while citing those laws, which are the cornerstones of the federal government's efforts to improve the education...
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