Burlington School Comm. V. Mass. Dept. Of Ed. (1985)
Compensation for learners with extraordinary requirements that is not provided in the states education laws bring costs to parents and the laws do not provide for compensation of this. Termed 'compensatory education' courts have exercised their jurisdiction in awarding costs to claimants and the courts have been relying on sec.20 USC 1415(2) (B) (ii) for students. The Burlington School Committee V Massachusetts Dept. Of Education 1984 heralded the change in the definition and eligibility for the compensatory education. The salient awards pertain to the recognition of the power of courts to grant reimbursement to the applicants from private school education that was not included in the 'Individuals with Disabilities Education Improvement Act' -- IDEA.
Following this judgment, courts held that where the parent was able to afford the private school education, the reimbursement was shown to be the remedy. Further, for the parent who cannot afford private tuition, the student will be afforded a compensatory education. It was held in Miener Vs state of Missouri 1986-87 EHLR 558-123 (8th circuit court 1986) that there exists a right for a disabled child to receive 'Free Appropriate Public Education' -- FAPE and this will not be affected by the parent's affluence or lack thereof. Though the courts have interfered in the cases of compensation for education before, this judgment brings about the absolute jurisdiction of the courts as a rule of law, and legislatures that may follow will necessarily have to consider the principle of the judgment.
According to the learned judges, the Education of the Handicapped Act (Act), 84 Stat. 175, as amended, 20 U.S.C. § 1401 et seq. is to see that handicapped children and their parents or guardians are assured of free appropriate public education. Thus the scope of an individualized education program -- IEP must be considered as a right and for that the child or parent must be able to challenge in administrative and court proceedings and have their say. The importance is in considering the placement of the child and the accruing financial liability for such a placement. This case needs us to address some questions (Wrightslaw.com, 2010). The need for some forum for the relief of the claims of parents was felt to be imperative. In other words the Judiciary had to be empowered to interfere. This was what the judgment brought about. The reasoning for the judgment also stems from the need of the parents with this peculiar difficulty.
2) The Supreme Court's reasoning
The Court examined the Education of the Handicapped Act (Act), 84 Stat. 175, as amended, 20 U.S.C. § 1401 et seq., and the 'individualized education program' -- IEP. It is to be understood that a contested IEP takes years to resolve and this affects the child's development, thus creating urgency in the "interim placement of the child and financial responsibility for that placement" (Wrightslaw.com, 2010). The court elaborated on these problems. Thus the son of the appellant -- Robert Panico is the handicapped Michael Panico, a first grader in the public school system of petitioner Town of Burlington, Massachusetts, was diagnosed with 'specific learning disabilities,' therefore was handicapped as per 20 U.S.C. § 1401(1). This made the child eligible for a public expense specially designed instruction and transportation. The negotiations for this spanned eight years between the respondent and the appellants. On hearing the matter on merits the court was pleased to grant certiorari considering some of the issues (Wrightslaw.com, 2010).
One of the major issues was the expense involved in giving the child facilities that were not available in the public schools. In this context the expenses involved in private admittance of the child-out of public school was settled and even the High Court ruled that unilateral change made by the parent in a school that was not approved was considered in appeal. The issue, which was the matter of contention, was settled in favor of the parents who resort to such...
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