In a game-changing ruling for special-education students, the court rightly decided that public school districts must pay for all special-ed students' private schooling, if the districts don't provide an adequate public alternative.
The majority was formed by the rare alliance of Chief Justice John Roberts, conservatives Anthony Kennedy and Samuel Alito and left-of-center members John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer. Equally fascinating, the more liberal David Souter joined true-blue conservatives Antonin Scalia and Clarence Thomas in dissent.
We side with the majority for a simple reason: Think what it would be like for a child with a learning problem to live in a school district that wouldn't qualify him as disabled or provide needed services. That child's either stuck or his parents must pay for private schooling.
The court previously found that the Individuals with Disabilities Education Act requires districts to finance a disabled child's private schooling if the child attended a district's school but found the services inadequate. This ruling extends that law to students who don't get that far, entitling them to a remedy even though they never attended a public school.
Stevens had the most compelling argument:
"It would be strange for the act to provide a remedy, as all agree it does, where a school district offers a child inadequate special-education services, but to leave parents without relief in the more egregious situation in which the school district unreasonably denies a child access to such services altogether."
That said, this decision poses daunting fiscal challenges to Texas school districts. At a minimum, they must be more open to including special-ed students and creating better individual learning plans.
We hope the ruling doesn't stall existing cooperation between some parents of special-education students and fair-minded districts. Still, this game-changer was warranted.
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