CEC Policy Insider

PBS Airs New Documentary on the Struggle for Civil Rights in the Disabilities Community

On Thursday, October 27, PBS will air the newest segment of its Independent Lens series, entitled Lives Worth Living. This documentary series will profile the struggle for civil rights endured by millions of Americans with disabilities. It begins in the early years after World War II, when thousands of veterans with disabilities came home to find that they no longer had the access and mobility that they took for granted. The documentary follows the advancement of rights for people with disabilities, focusing on the social movement and eventual legislation, such as the monumental Americans with Disabilities Act of 1990.

Will the President Address Education in the State of the Union Address?

Tonight at 9pm (eastern), President Obama will outline his goals for the country in the upcoming year in his second State of the Union address. 

Of the many topics to be discussed, it is expected that the President will call for continued investment in education programs.  If the President does indeed call for more funding and increased focus on education programs, he will clash with House Republicans who have vowed to cut the U.S. Department of Education by as much as 30 percent.

Education funding is expected to be one of the more contentious issues this Congress with some calling for the dismantling and defunding of the U.S. Department of Education and others calling for an increased investment in education programs.

Administration Highlights Commitment to ADA on Olmstead’s Anniversary

June 22, 2010 marked the eleven year anniversary of the Olmstead v. L.C. U.S. Supreme Court decision which affirmed the right of individuals with disabilities to live in their community.  President Obama recognized this historic day by highlighting the Administration’s actions to assist Americans with disabilities and stated, “Olmstead was a critical civil rights decision that affirmed a fundamental right for Americans with disabilities - to live independently.”  

Child Find has Teeth! A Sign of Things to Come in IDEA Reauthorization?

Cases involving IDEA typically begin or end with the issuance of a prior written notice; either the school district has refused to initiate a service or proposed it, and parents disagree. Last week, the Ninth Circuit expanded this traditional framework.

In Compton Unified School District v. Starvenia Addison, a parent sued the school district seeking compensatory services because she alleged the district should have known her daughter, Addison, was eligible under IDEA, long before it found her eligible.  The facts, as alleged, are disturbing. While in high school, Addison failed all of her classes, played with crayons at her desk, played with dolls and urinated on herself. Still, the district continued to promote her from grade to grade. As the Court explained, “Addison’s mother was reluctant to have her ‘looked at,’ and School District officials decided not to ‘push.’” Finally, Addison’s mother requested an evaluation. The district granted her request, and the team found her eligible.

Forest Grove Case Revisited: A Win for the School District?

In June 2009, the United States Supreme Court decided on Forest Grove Sch. Dist. v. T.A. holding that even if students had never received special education services from a public school district they could sue the district for reimbursement of private school tuition costs, if they alleged a violation of the right to free appropriate public education (FAPE). Read more about this case in a previous CEC’s Policy Insider.

Following the Supreme Court’s decision, the case returned to federal district court in California to determine the appropriate amount of damages. At the end of last year, in somewhat of a surprising decision, that court denied the parents all reimbursement.