Special Ed Standard

In a decision, March 22, 2017, the Supreme Court explained the standard required under federal special education law.

In Endrew F. v. Douglas County School District [580 U. S. ____ (2017)], the U.S. Supreme Court unanimously held that to meet its substantive obligation under the IDEA (Individuals with Disabilities Education Act), a school must offer an IEP (individualized education program) reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.

In the decision, the Court rejected the “merely more than de minimis” standard set by the U.S. Court of Appeals for the 10th Circuit as was used in an opinion in another special education case by Judge Neil M. Gorsuch.

See:

https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf

https://www.washingtonpost.com/politics/courts_law/supreme-court-sets-higher-bar-for-education-of-students-with-disabilities/2017/03/22/fcb7bc62-0f16-11e7-9d5a-a83e627dc120_story.html?utm_term=.a6596d70e3a1

https://www.nytimes.com/2017/03/22/us/politics/gorsuch-education.html?_r=0

Disability & The Supreme Court

Gorsuch and disability.

See discussions of opinions by Judge Neil Gorsuch whose Supreme Court nomination is pending a vote in the U.S. Senate.

RE:  Individuals with Disabilities Education Act & Individualized Education Plans

http://www.huffingtonpost.com/entry/neil-gorsuch-students-with-disabilities_us_58c8bcfde4b09e52f5547b86?section=us_politics

See also

https://www.aclu.org/blog/speak-freely/supreme-court-nominee-neil-gorsuch-has-troubling-history-when-ruling-disability

An Avoidable Death

A woman died on February 17 this year after her Social Security benefits were terminated and along with them, her medical coverage.  http://wate.com/2017/03/13/knoxville-woman-with-epilepsy-dies-after-government-benefits-stop/

While all the details of the legal case are not known, it should be noted that during continuing disability reviews and terminations/cessations of eligibility for disability benefits, recipients can request that their benefits continue pending their appeal.

Of course, health insurance and medication coverage would not be an issue if all the people in the United States had universal health care.

At the risk of repeating myself, I believe that people have to vote as if it is a matter of life and death.

There are many people who vote on matters of importance to them, such as reducing the taxes that they pay. 

There are too many other people who do not vote at all.  Perhaps, for some, “the perfect is the enemy of the good.”

The story of the Social Security recipient’s death was cited today in Charles Hall’s blog, http://socsecnews.blogspot.com/2017/03/claimant-dies-after-disability-benefits.html