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Court says public must pay for private special ed
Legal Career News | 2009/06/22 15:18
The Supreme Court has made it easier for parents of special education students to be reimbursed for the cost of private schooling for their children.


The court ruled 6-3 Monday in favor of a teenage boy from Oregon whose parents sought to force their local public school district to pay the $5,200 a month it cost to send their son to a private school.

Federal law calls for school districts to reimburse students or their families for education costs when public schools do not have services that address or fulfill the students' needs. Under the Individuals with Disabilities Education Act, the nation's special education students are entitled to a "free and appropriate public education."

Schools have argued that parents of special education students should have given public special education programs a chance before seeking reimbursement for private school tuition. But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.

In the case before the Supreme Court, the family of a teenage Oregon boy diagnosed with attention deficit hyperactivity disorder sued the school district, saying the school did not properly address the student's learning problems. The family is seeking reimbursement for the student's tuition, which cost $5,200-a-month. The family paid a total of $65,000 in private tuition.

In its appeal, the Forest Grove School District said students should be forced to at least give public special education programs a try before seeking reimbursement for private tuition.

Justice John Paul Stevens said in his majority opinion that the federal Individuals with Disabilities Education Act requires a school district to pay for private special ed services if the public school doesn't have appropriate services.

"We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school," Stevens said.



State court again strikes down Philly gun laws
Legal Career News | 2009/06/19 10:15
A state appeals court ruled Wednesday that the city cannot enforce an assault weapons ban and a law prohibiting guns bought by one person and given to another, measures passed by City Council in an effort to combat persistent gun violence.


The 6-1 ruling marked the latest setback for Philadelphia officials, who have fought for years for the right to pass their own gun legislation. The Pennsylvania Supreme Court has previously upheld the state's exclusive right to enact gun laws.

The National Rifle Association challenged a series of measures that were passed by City Council in April 2008 and signed by Mayor Michael Nutter. Both sides expect the case to end up before the state's highest court again.

"The bottom line is, we won," NRA attorney C. Scott Shields said of the ruling.

In Thursday's ruling, the court said the city could not ban assault weapons or pass the law prohibiting straw purchases, in which one person fills out forms and buys a gun for someone else — often convicted felons who can't legally own guns.

In a dissenting opinion, Commonwealth Judge Doris A. Smith-Ribner asserted the city does have the right to pass its own gun laws, citing the hundreds of residents killed by gun violence every year.

The NRA has also asked the U.S. Supreme Court to strike down strict gun control laws in the Chicago area. The NRA wants the court to rule that last year's decision invalidating a handgun ban in the District of Columbia also applies to local and state laws. The justices likely won't decide before late September whether to hear the NRA's case.



Appeals court blocks release of detainee pictures
Legal Career News | 2009/06/12 16:35
The U.S. government can keep pictures of detainee abuse secret while it asks the Supreme Court to permanently block release of the photographs on the grounds they could incite violence in Afghanistan, Iraq and Pakistan, a federal appeals court said Thursday.


The one-paragraph ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan came after the Obama administration asked the court to keep the pictures secret so it could appeal to the nation's highest court.

The administration last month said the disturbing photographs pose "a clear and grave risk of inciting violence and riots against American and coalition forces, as well as civilian personnel, serving in Iraq and Afghanistan."

The appeals court stayed its order supporting a lower court judge's decision to order release of the photographs until the Supreme Court had a chance to consider the case.

The administration had indicated it was going to release the pictures until President Barack Obama reversed the decision.

To support its arguments, the government filed partially secret statements from two top U.S. generals, David Petraeus and Ray Odierno.

In the filings, Odierno, who commands the troops in Iraq, said the 2004 release of photos of detainee abuse at Abu Ghraib prison "likely contributed to a spike in violence in Iraq" that year. Petraeus, who oversees U.S. military operations in the Middle East and Central Asia, said the images could also lead to more violence in Pakistan because it deals with Taliban attacks.

The American Civil Liberties Union had sought release of 21 pictures, saying the action would make the government more accountable and help bring an end to the abuse of prisoners.



Court rejects challenge to 'don't ask, don't tell'
Legal Career News | 2009/06/09 12:07
The Supreme Court refused on Monday to hear a legal challenge to the Pentagon's "don't ask, don't tell" policy, a decision that allows the Obama administration to continue its slow, back-burner response to liberal activists who want gays to serve openly in the military.


During last year's campaign, President Barack Obama indicated that he supported eventually repealing the law, but he has made no specific move to do so since taking office in January. The White House has said it won't stop the military from dismissing gays and lesbians who admit their sexuality.

Democrats who control Congress also are not in a hurry to end the policy, which was made law in 1993. Easing the outright ban on gays in the military caused political trouble for President Bill Clinton and Democratic lawmakers that year, and Obama and his congressional allies want to avoid an issue that would roil the public just as they are seeking support for health care and other initiatives.



Court steers clear of Ariz. ski resort dispute
Legal Career News | 2009/06/08 12:26
The Supreme Court on Monday turned down an appeal from Indian tribes that wanted to block expansion of a ski resort on a mountain they consider sacred.


The justices said they will not get involved in the dispute between a half-dozen Western tribes and the Arizona Snowbowl ski area north of Flagstaff. The tribes wanted to block the expansion because the resort plans to use treated wastewater to make artificial snow on the mountain.

The tribes have argued that the proposal violates a federal law on religious freedom, but the federal appeals court in San Francisco last year disagreed.

The full 9th U.S. Circuit Court of Appeals in San Francisco said the treated sewage could be used on the ski slopes, reversing the decision of a three-judge panel on the same court. The panel had held earlier that using wastewater on a mountain sacred to the tribes would violate the federal Religious Freedom Restoration Act.

The full court, however, said the tribes will still have full use of the mountain for their ceremonies and the snowmaking would not affect that. No plants would be harmed, no ceremonies would be physically affected and no places of worship would be made inaccessible, the court said.



Laura Bush glad Obama picked woman for high court
Legal Career News | 2009/06/08 11:25
Former first lady Laura Bush says she's pleased that President Barack Obama nominated a woman for the Supreme Court.


"I think she sounds like a very interesting and good nominee," Bush said of Sonia Sotomayor, the federal appeals judge Obama picked.

Mrs. Bush said in an interview broadcast Monday on ABC's "Good Morning America" that "as a woman, I'm proud that there might be another woman on the court. I wish her well." She was interviewed in Dallas, where the Bushes moved after their White House tenure.

On another subject, Mrs. Bush said her husband will have no comment on any Obama decisions. He feels that as a former president, "he owes President Obama his silence on issues and there's no reason to second-guess any decisions he makes," Mrs. Bush said.



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