School Boards Association Urges Supreme Court to Resolve IDEA Procedural Issues

Alexandria, Va., - March 15 - The National School Boards Association (NSBA) has urged the U.S. Supreme Court to resolve a procedural issue under the Individuals with Disabilities Education Act (IDEA) to help limit litigation in IDEA cases, and use the courts only as a last resort to resolve disputes between parents and school districts over the education of students with disabilities.

NSBA filed a friend of the court brief in J.S. v. Attica Central Schools , in which a group of parents allege that the New York school district violated the terms of IDEA.  They allege that the nature of this violation allows them to go straight to court to settle their disagreement, rather than taking the required route through informal discussions and administrative hearings.  NSBA’s brief is joined by New York State School Boards Association .

Under IDEA, parents must first seek relief through administrative hearings and can only go to court if they disagree with the results after the administrative process is completed.  This rule is called the exhaustion requirement.  NSBA is asking the Court to agree to review  the case because lower courts have issued conflicting opinions as to whether parents can go directly to court when they complain about a school district’s overall special education policies and procedures rather than about the details of their child’s individualized education program.

“The exhaustion requirement is crucial to IDEA’s emphasis on dispute resolution through collaboration between parents and schools, mediation, and other administrative proceedings,” said Julie Underwood, NSBA general counsel and the author of the brief.  “Courts should be used only as a last resort under IDEA. Otherwise Congress’ intent to encourage parents and schools to make collaborative decisions is frustrated.  If parents are allowed to jump straight into court,  school districts will face even more litigation than they have now under IDEA.”

Underwood also said that the Supreme Court has long recognized that courts are not equipped to make educational policy decisions.  “On policy issues, courts should defer to school officials and other education professionals,” Underwood said.

The National School Boards Association, a federation of state school boards associations representing more than 95,000 local school board members, closely monitors the courts and regularly files friend-of-the-court briefs in cases that affect the nation’s 50 million public school students.

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