Thursday, November 4, 2010
You Be the Judge Part I - The "Answer"
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OK we have had many excellent emails and comments regarding you be the judge. Frankly, I am convinced that the readers of this blog belong on the federal judiciary more than the current occupants of that bench. We might be better served.
Concerning the answer given by the court, remember first of all that special education law is closer to metaphysics than it is to contract law. Right answers are not to be found. Ambiguity rules the day.
The facts from this hypo were from the case of Thompson R2-J Sch Dist v. Luke P by Jeff & Julie P 540 F.3d 1143 (Tenth Cir. 8/29/2008). There the court ruled that so long as the student made academic progress at school, the school district was not responsible for the student generalizing his skills to other environments under the Rowley FAPE standard.
Here is the entire opinion.
So what do you think of the court opinion? What do you think of the series you be the judge?
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