TO: NDSC Members and Affiliated Parent Groups

FROM: Susan Goodman, Director Governmental Affairs

DATE: June 14, 2007

Appeals Court Asked to Interpret I.D.E.A.
“Stay-Put” Provision

Background

John M., a 16 year old young man with Down syndrome was in the process of transferring from 8th grade to a different school district for high school in Evanston, Illinois. John’s Individualized Education Program (IEP) called for him be included in regular academic classes, as he had been in middle school. John, according to the underlying lawsuit, was successful in these classes advancing academically and socially because “co-teaching” was used. In the “co-teaching,” model, the regular classroom teacher works closely with a special education teacher for a designated period of time to promote adequate progress for the student with a disability. The high school refused to adopt “co-teaching” in John’s high school IEP. This, and other issues related to provision of a Free Appropriate Public Education, formed the basis for the lawsuit. An administrative hearing officer found against the parents. The District Court ruled in favor of the parents on the issue on what is considered “current educational placement,” for the purposes of IDEA’s stay-put provision. The school district appealed the District Court decision.

I.D.E.A. Stay Put Provision

According to IDEA, a student is entitled to “stay-put” in his or her current educational placement during due process and court proceedings. The District Court decision provided that John was entitled to comparable “co-teaching” services that he was receiving in the middle school while the case was being appealed. The school district appealed that decision. The main issue on appeal is what does “stay-put” mean when a student transfers from one school to another – in this case, from 8th grade to a high school in a different district.

The case is titled JOHN M., By His Parents And Next Friends,
CHRISTINE M. And MICHAEL M. vs. BOARD OF EDUCATION OF EVANSTON
TOWNSHIP HIGH SCHOOL DISTRICT 202, EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT 202, and ERIC WITHERSPOON.

NDSC is closely following this case and will keep readers informed about its progress.

High Expectations for All Students

The Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind Act (NCLB) strive to improve the quality of teaching and to ensure high expectations for achievement for students with disabilities. Both laws promote the premise that all students with disabilities can achieve academically and that they should have access to the same curriculum as non-disabled students. Among other characteristics, IDEA addresses the individual needs of each child and NCLB addresses the improvement of academic achievement for all children through school reform efforts.

The National Center for Education Outcomes (NCEO) and the U.S. Department of Education have published a booklet entitled Learning Opportunities for Your Child Through Alternate Assessment. This booklet will help parents and advocates understand the opportunities available for all children in the two laws. To do this, it is organized around what it calls Five Big Ideas.

High Expectations for All Students
Measuring Academic Achievement of All Students
Access to Grade Level Content
Making Decisions One Child at a Time
Counting All Students in School Achievement

The report is available at www.ed.gov/about/offices/list/OSERS . You will also find information on how to order it from the Department of Education.

If you have questions or comments about this Newsline, please contact Susang1961@aol.com .