Function Over Form: NSBA Urges Supreme Court to Maintain School District Flexibility in Design of Educational Plans for Children with Disabilities
Alexandria, Va. - November 28 - The National School Boards Association has filed an amicus brief urging the U.S. Supreme Court to allow school districts flexibility in designing and implementing Individualized Education Programs (IEPs) to meet students' needs under the Individuals with Disabilities Education Act (IDEA).
The case, Alexandria City School Board v. A.K., involves a high school student with disabilities whose parents placed him in a private boarding school after rejecting the school district's proposal to send him to a private day school. The parents claimed the school district failed to provide the student with a free appropriate public education, because it did not identify the specific private schools by name in the student's IEP.
A federal district court agreed the school district acted appropriately in giving the parents the names of two private day schools that had agreed to interview the student for admission. The Fourth Circuit Court of Appeals reversed, holding that IDEA requires school districts to list in the IEP the specific school where the services will be provided.
The NSBA amicus brief asks the Supreme Court to overturn the Fourth Circuit's ruling, and points out the overly-narrow standard imposed by the appellate court poses an unrealistic burden on school districts already struggling to meet the demands of the IDEA. Because private schools determine their own admissions policy and are under no obligation to accept students (whether or not they are listed on an IEP), designating a specific private school is neither practicable nor desirable at the time IEPs are written. Further, this very narrow interpretation of the IDEA could result in the invalidation of thousands of IEPs that do not include the name of a specific school.
Anne Bryant, NSBA executive director, said, "The interests of all students, including special education students, are best served when the limited school resources are spent on education. Collaboration between schools and families is the answer rather than litigation."
NSBA General Counsel Francisco M. Negrón, Jr., agreed, adding, "Numerous courts have ruled that the reference to educational placements in the IDEA means the designation of an education program rather than a specific physical location. NSBA hopes that the Court will review this case and adopt the school district's common-sense reasoning."
Joining NSBA's brief are the American Association of School Administrators and the National Association of State Directors of Special Education.
Founded in 1940, the National School Boards Association is a not-for profit federation of state associations of school boards representing 95,000 local school board members throughout the United States. Its mission is to foster excellence and equity in public elementary and secondary education through local school board leadership. NSBA represents the school board perspective in working with federal government agencies and national organizations that impact education, and provides vital information and services to state associations of school boards throughout the nation.
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