Special Education

Court to Weigh IDEA, Worker-Speech Cases

By Andrew Trotter — October 04, 2005 3 min read
  • Save to favorites
  • Print

As the curtain rises this week on a new U.S. Supreme Court term and a new chief justice, one of the first items on the docket is a special education case that could affect school districts nationwide.

Observers were awaiting the first clues of any shift in direction on the high court, stemming from the addition of John G. Roberts Jr., the first new member in 11 years and first new chief justice in 19 years. He was confirmed by the Senate on Sept. 29 by a vote of 78-22.

Another potentially momentous change—the replacement of retiring Justice Sandra Day O’Connor—may not be final for weeks or months. President Bush was expected to announce his choice for Justice O’Connor’s seat soon after Chief Justice Roberts won confirmation. In the meantime, Justice O’Connor was expected to take the bench this week, effectively delaying her retirement.

The court is scheduled to hear arguments Oct. 5 in Schaffer v. Weast (Case No. 04-698). The case will determine whether a parent or a school district has the burden of proof when the parties reach an impasse over a student’s individualized education program under the federal Individuals with Disabilities Education Act.

The appeal stems from a fairly routine dispute over a student’s special education plan between a Potomac, Md., family and the 139,000-student Montgomery County, Md., district. The Supreme Court will likely use the case to settle a split among lower federal courts over the burden-of-proof issue. (“Best Evidence,” Sept. 28, 2005)

Workplace Free Speech

On the Docket for 2005-06

So far, the U.S. Supreme Court plans to hear four cases of particular interest to educators during its term that begins this week:

Schaffer v. Weast (Case No. 04-698)
The court will decide which side bears the burden of proof — parents or the school district — when a student’s individualized education program is challenged under the individuals with Disabilities Education Act.

Garcetti v. Ceballos (Case No. 04-473)
This case gives the court an opportunity to revisit its decisions on free speech by public employees, including school district employees. The question is whether a government worker has First Amendment protection for on-the-job speech on a matter of public concern, such as whistleblowing about misconduct in his agency.

Volvo Trucks North American Inc. v. Reeder-Simco GMC Inc. (Case No. 04-905)
This antitrust case involving purchasing practices in the heavy-vehicle industry has attracted a friend-of-the-court brief from the National Association of State Directors of Pupil Transportation, which worries that a lower-court ruling in the case will discourage school bus manufacturers from offering discount prices in competitive bids.

Rumsfeld v. Forum for Academic and Institutional Rights (Case No. 04-1152)
The court will decide whether the Solomon Amendment, a federal law that requires the withholding of federal funds from colleges that deny military recruiters the same access to campuses and students that they provide to other employers, violates the institutions’ First Amendment rights.

SOURCE: Education Week

On Oct. 12, the high court will hear arguments in another case with significant implications for school districts. In Garcetti v. Ceballos (No. 04-473), the question is whether employees of a government agency, including school district workers, have First Amendment protection for speech expressed in the course of their duties. The case involves a prosecutor in the Los Angeles County district attorney’s office who claims he suffered retaliation for blowing the whistle on alleged misconduct by a sheriff’s deputy.

A panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, ruled 3-0 that the employee had a First Amendment free-speech right that outweighed his employer’s interest in avoiding workplace inefficiency and disruption.

In its appeal, Los Angeles County argues that such on-the-job speech is different from the kind of government-employee speech upheld by the Supreme Court in its 1968 ruling in Pickering v. Board of Education of Township High School District 205. In that case, involving a teacher’s letter to a newspaper in a controversy over school funding, the court upheld the teacher, based on his role “as a citizen.”

Meanwhile, in a case being watched closely in higher education, the Bush administration has appealed a federal appellate court ruling that the Solomon Amendment, a law requiring that federal funds be withheld from colleges and universities that deny military recruiters the same access to campuses and students that they provide to other employers, likely violates the First Amendment.

The case, Rumsfeld v. Forum for Academic and Institutional Rights (No. 04-1152), scheduled for argument on Nov. 29, involves law schools that refuse to assist potential employers that discriminate on the basis of sexual orientation. FAIR, a membership group of law schools, argues that the federal law forces schools that disapprove of the military’s “don’t ask, don’t tell” policy, which bars homosexuals from serving openly in the military, to assist the military in communicating a message its members oppose.

Public high schools are required to allow military recruiters on campus under a provision of the No Child Left Behind Act, rather than under the Solomon Amendment, but a decision in favor of the law schools could be used to mount a legal challenge to the public school requirement.

Bus Discounts at Risk?

Education groups typically don’t take a keen interest in federal antitrust law, but one such case on the Supreme Court’s docket involving the heavy-vehicle industry has attracted the attention of the National Association of State Directors of Pupil Transportation.

In Volvo Trucks North America Inc. v. Reeder-Simco GMC Inc. (No. 04-905), the justices will examine whether it was a violation of antitrust law when a truck manufacturer offered a concession to one vehicle distributor and not to another.

The pupil transportation group, based in The Plains, Va., argues that a high court ruling against Volvo Trucks North America would discourage school bus manufacturers and distributors from offering districts selective discounts on buses in the course of competitive bidding, which “will seriously impair the ability of local and state governments to purchase new school buses.” The case is scheduled to be argued on Oct. 31.

A version of this article appeared in the October 05, 2005 edition of Education Week as Court to Weigh IDEA, Worker-Speech Cases

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education These Grants Could Help Students With Disabilities Access Jobs, Training
The Ed. Dept. is investing $236 million to help with transitions to careers and post-secondary education.
3 min read
Collage of a woman in a wheelchair on a road leading to a large dollar sign. In the woman's hair is a ghosted photo of hands on a laptop.
Collage by Gina Tomko/Education Week + Getty
Special Education Download DOWNLOADABLE: Does Your School Use These 10 Dimensions of Student Belonging?
These principles are designed to help schools move from inclusion of students with disabilities in classrooms to true belonging.
1 min read
Image of a group of students meeting with their teacher. One student is giving the teacher a high-five.
Laura Baker/Education Week via Canva
Special Education Inside a School That Doesn’t Single Out Students With Special Needs
Students with disabilities at this school near Seattle rarely have to leave mainstream rooms to receive the services they need.
8 min read
During recess at Ruby Bridges Elementary School in Woodinville, Wash., students have cards with objects and words on them so that all students, including those who cannot speak, can communicate. Pictured here on April 2, 2024.
During recess at Ruby Bridges Elementary School in Woodinville, Wash., students have access to cards with objects and words on them so that all students, including those who do not speak, can communicate. Pictured here, a student who has been taught how to lead and use commands with a campus service dog does so under the supervision of a staff member on April 2, 2024.
Meron Menghistab for Education Week
Special Education 5 Tips to Help Students With Disabilities Feel Like They Belong
An expert on fostering a sense of belonging in schools for students with disabilities offers advice on getting started.
4 min read
At Ruby Bridges Elementary School in Woodinville, Wash., special education students are fully a part of the general education classrooms. What that looks like in practice is students together in the same space but learning separately – some students are with the teacher, some with aides, and some are on their own with a tablet. Pictured here on April 2, 2024.
A student works with a staff member at Ruby Bridges Elementary School in Woodinville, Wash. on April 2, 2024. Special education students at the school are fully a part of general education classrooms.
Meron Menghistab for Education Week