Friday, June 12, 2009

Parents Prevail Over District in our Poll about the Pending Supreme Court Case

Well our poll has closed and For the Parents won out over For the District by a margin of 27 (50%) to 23 (43%) with three readers recusing themselves. I know that this poll is not "scientific," and that one should not extrapolate from it. However, that being said, if the Supreme Court were made up of our readers instead of presidential appointees (and what a better world that would be!), one would expect the Forest Grove v. TA decision to be 5 to 4 in favor of the parents.

When the decision comes down, we will compare it to our polling results. The poll was designed as a fun exercise to measure the feelings of our readers. From those who felt strongly enough to vote, there was only a difference of four votes. This mirrors the disagreement in the country, I think, about this question, but we make no predictions as to the actual outcome.

The case is important, and we know that the Congressional Research Service staff has flagged the issue as one for Congress to review during IDEA reauthorization. For me and the other due process hearing officers, there is also the issue discussed during oral argument pertaining to hearing officer authority. We'll be watching any discussion in the opinion concerning that question.

Thanks for casting your votes.


  1. Thanks for creating the poll and sharing the results. This was interesting.

  2. Thanks for your support LH,

    I appreciate everybody who voted and who reads this blog!