High Court Declines To Hear Spec. Ed. Case
The U.S. Supreme Court declined last week to hear the appeal of a New York state parent who had sought reimbursement from the Yonkers school district for his learning-disabled son’s tuition at a private school. The father enrolled his son there after a dispute over the boy’s individualized education program.
The U.S. Supreme Court declined last week to hear the appeal of a New York state parent who had sought reimbursement from the Yonkers school district for his learning-disabled son’s tuition at a private school. The father enrolled his son there after a dispute over the boy’s individualized education program.
The justices on March 26 declined without comment to hear the appeal of the father, identified in court papers as M.S., who in 1997 enrolled his 4th grade son in the Stephen Gaynor School, a New York City private school specializing in children with disabilities. He then asked the 26,000-student Yonkers district to pay his costs.
But the school district refused, leading to a hearing process and a federal lawsuit. Although a federal district judge ruled in favor of M.S., a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, in New York City, ruled unanimously in favor of the school district.
The appellate court held that the father’s placement of his son in the Stephen Gaynor School was inappropriate because the school educates only learning-disabled students.
The appeal was M.S. v. Board of Education of the City of Yonkers (Case No. 00-1197).
—Mark Walsh
House OKs Budget Plan With More Money for Schools
The House of Representatives approved a budget blueprint last week that supports President Bush’s proposed increase for the Department of Education. But $1.25 billion of the budget total would be available only if used to raise special education spending.
On a largely party-line vote of 222- 205, the House on March 28 passed the budget resolution for fiscal 2002. The document serves as a guide to tax and spending legislation that Congress will consider this year.
The House plan would provide $65.3 billion in discretionary budget authority for the spending category that includes education, training, employment, and social services. Of that total, Republicans have said they would match the president’s $44.5 billion request for education, an increase of nearly 6 percent over the current year. (“Panel’s Budget Singles Out Spec. Ed. for Boost,” March 28, 2001.)
—Erik W. Robelen
