A federal appeals court says parents cannot sue school districts to force them to c

Discussion in 'Special Ed 101' started by TheOnlyMe, Nov 25, 2008.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    05:25 PM CST on Thursday, November 20, 2008
    The Associated Press

    PHILADELPHIA - A federal appeals court says parents cannot sue school
    districts to force them to comply with the No Child Left Behind Act.

    The ruling Thursday comes in a case filed against the low-performing
    Newark School District in New Jersey.

    Parents say the district failed to notify them of the right to
    transfer out of failing schools and of other provisions required under the law.

    The 3rd U.S. Circuit Court of Appeals says enforcement of the act is
    up to
    state educational agencies.

    Lawyers in the case did not immediately return calls from The Associated
  2. Sheila

    Sheila Moderator

  3. Ropefree

    Ropefree Banned

    Well, I get the part where IN THAT CASE the failure to notify a parent that their child could transfer out means that they CAN sue them for failure to notify they COULD
    transfer out.
    This does point to the fact that parents need to really be looking at how the get what is needed for their child from the public school system. We had a situation where we were homeless and the district that my child had been in was declining
    admission. The principle told me it was because that year they had classrooms in his grade level that were already over filled. When I looked into the adjoing county they were welcoming with open arms and we had the pick of schools. I had to drive 45 minutes to get there am and afternoon...oh is that three hours of driving per day?
    The good news was the quality of the teachers was tops!