Kelley Baker kbaker@hslegalfirm.com
Karen Haase khaase@hslegalfirm.com @KarenHaase
Steve Williams
Bobby Truhe
swilliams@hslegalfirm.com
btruhe@hslegalfirm.com @btruhe
US Supreme Court Declines to Review Another Special Education Case The United States Supreme Court has demonstrated a distinct unwillingness to become involved in special education cases in which parents allege violations of the Individuals with Disabilities in Education Act (IDEA). The Supreme Court denied review in 9 IDEA cases during its 2011 term, 9 during its 2010 term, and 11 during its 2009 term. It has not granted review in any special education case since January, 2009. Yesterday, the Supreme Court refused to become involved in a special education dispute over whether three siblings with immune deficiency disorders needed homebound services in order to receive a free, appropriate public education. The Court denied the parents' petition for certiorari in Stamps v. Gwinnett County School District, (11th Cir. 2012, unpublished). Consequently, the parents are bound by the ruling of the 11th U.S. Circuit Court of Appeals that the district's offer of school-based services for all three students was appropriate. This order marks the second time in five weeks that the Supreme Court has denied review in an IDEA case. On Oct. 1st, the Court declined to hear L.F. v. Houston Independent School District, (5th Cir. 2012, unpublished), which addressed the appropriateness of the IEP that had been developed for a student with an emotional disturbance. One IDEA case remains pending before the Supreme Court. In Lewellyn v. Sarasota County School Board, (11th Cir. 2011, unpublished), petition for cert. filed (02/24/12) (No. 11-9696), the 11th Circuit held that a Florida school district did not violate Section 504 or Title II by changing the education placements of two teenage brothers with ADHD and SLDs who acted aggressively and violently toward their fellow middle school students. The case has not been set for oral argument. Of course, no school district wants to be involved in a case that makes its way all the way to the Supreme Court. The best way to avoid protracted litigation is to be sure that your school district is taking all the proper legal steps regarding special education students – even if those steps aren't exactly what the parents are demanding at any given time. If you have any questions or concerns regarding the special education students or any other issue, contact your school attorney or Kelley, Karen, Steve, or Bobby. I:\3\7613\E-mail Updates\130 Supreme Court and SpEd.docx