Thursday, July 10, 2014

More Thoughts on Ermini v. Vittori

Seal of the United States Court of Appeals for...
Seal of the United States Court of Appeals for the Second Circuit. (Photo credit: Wikipedia)

Our last post discussed the breaking second circuit decision in Ermini v. Vittori.  You can read that post here. It is a big case.

The case is interesting for a number of reasons.  First there is the international aspect.  The case involves a treaty- pretty unusual and different than the usual statutes, regs and caselaw.  And yes, as alert readers have informed me, the child involved, Danielle, is in fact a boy.

Also the case raises issues of domestic violence. Awareness of this problem is higher than ever and that is good.  But the problem for society is still a huge one.  There is a tie in to special ed law.  I believe that there is a connection between domestic violence and the bullying problem which continues to be a hot button.  The Ermini decision places domestic violence issue front and center.

But the big question from our perspective is how this case will affect the IDEA analysis of ABA-based therapy.  I predict (and my crystal ball is sometimes cloudy!) that hearing officers and courts in special education cases will soon be hearing arguments on just what this second circuit decision means for purposes of IDEA.  It was not an IDEA case, but I am already imagining the arguments that clever lawyers on both sides will be making.

What are your thoughts on the IDEA significance of Ermini v. Vittori?

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