MEDIA ADVISORY

Supreme Court upholds ‘free appropriate public education’ for students with disabilities

What’s next? Expert available to

assess court’s decision, offer context, look ahead

The news:  The Supreme Court recently ruled (in the case of Forest Grove School District vs. T.A.) that parents of special education students can seek public reimbursement for enrolling their children in private schools.

An expert in special education at Cal State L.A., Professor Lois A. Weinberg is available to discuss the ruling, the basic principles of the Individuals with Disabilities Education Act, and children’s right to free appropriate public education (FAPE). Weinberg’s expertise is in special education law and policy, the education of children in the foster care system, and the origins and evolution of special education practices.

FAPE is a basic tenet of the Individuals with Disabilities Education Act.

The issues: * How does this affect the rights of students with disabilities—             and their parents?

* What does it mean for public and private schools?

* What kind of report card do our schools deserve?

* How are schools getting better—or worse—in serving the needs of students with disabilities?

The expert:  Lois A. Weinberg, professor of special education, coordinator of the CSULA/UCLA Joint Doctoral Program in Special Education at Cal State L.A.

Weinberg provides training and technical assistance to parents, foster parents, school districts, and other agencies on special education laws and access to services. 

Prior to coming to CSULA, Weinberg was the education specialist at Mental Health Advocacy Services, Inc., a nonprofit law office serving poor and low-income individuals with disabilities, where she advocated for students in special education proceedings.

She is a monitor for the U.S. Department of Justice on special education policies and practices at the juvenile halls in Los Angeles County. She also works on projects throughout California to improve educational outcomes for foster youth and recently published a book, “The Systematic Mistreatment of Children in the Foster Care System: Through the Cracks.”

Her perspective:    “It’s a good decision. It upholds some of the basic principles of the Individuals with Disabilities Education Act and earlier Supreme Court decisions.

“All children with disabilities are entitled to a free appropriate public education (FAPE). If the school district does not provide it, then parents have a right to contest the decision and seek reimbursement for a nonpublic school placement.

“This decision allows parents to seek reimbursement even if their child did not receive special education services from the school district.

“In this case, the court ruled that the school district incorrectly failed to make T.A. (the student) eligible for special education services.

“This decision helps preserve a child’s right to FAPE. School districts do not have to worry about paying for nonpublic schools if the district appropriately assesses and confers eligibility on students with disabilities and if the district provides appropriate programs within the school setting.”

To arrange an interview with Professor Weinberg, please contact the Public Affairs office at Cal State L.A., (323) 343-3050.

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