In “There has to be a a Better Way for Special Education Students,” Jennifer Roback Morse of townhall.com (Washington, DC, US) provides her opinion about the recent U.S. Supreme Court decision in Schaffer v. Weast.
School districts around the country breathed a sigh of relief last week when the Supreme Court ruled on an arcane dispute involving the federal government’s mandate for special education students. Under federal law, public schools are required to provide a “free, appropriate public education” to all students, regardless of disability. The dispute concerned which party, the school or the family, has the burden of proof in showing whether the plan is appropriate. Schools could see lots of dollars flying out their windows if parents could demand better services. But hidden in this case is a clue to a better solution. Since both sides are dissatisfied with the current system of satisfying the federal requirement to serve disabled students, there is room for a change that makes both parties better off.
Her analysis, based no so much on the technical aspect of the decsion and more on the issue of remedies, leads her to suggest something akin to vouchers. (If you are keeping score, this is the third follow-up on the decision I’ve seen. If readers—all two of you—have seen others, please pass ‘em along via the comments section for this or any of the previous entries.) Link to Ms. Morse’s commentary.
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