supreme court

Submitted by Carole Borges on Fri, 2007/06/29 - 9:31am.

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In ordinary times one might think this was a good thing, but with the new Bush-loaded Supreme Court, there is probably little reason to think the outcome will be protection of our constitutional rights. This is an issue that should evoke immediate response from all patriotic Americans. I'm sure many avenues will open for public discussion. Inform yourself. Understand the importance of habeas corpus. Speak out when you can. This is a ruling that will not just affect terrorists. It will affect all of us.

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Don't let the Supreme Court take away more of our rights.

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Submitted by Stormare Mackee on Mon, 2007/05/21 - 8:13pm.

The Supreme Court handed down a 6-2 majority ruling today that is a big time victory for parents of disabled children. The Federal law that governs special education is the Individuals with Disabilities in Education Act (IDEA), which mandates that children with special needs must be granted free access to appropriate public education. If parents disagree with the education plan a school district provides for their special needs child, parents have right to seek judicial review and, if all else fails, bring a civil suit against the school district on behalf of their child.

However, under the existing lower court rulings, parents have not been considered beneficiaries under IDEA, but instead merely guardians of their child. Hence, parents have had no standing to sue the school system themselves. Instead, they have had to hire an attorney for their child. This has undoubtedly been cost prohibitive for many parents who otherwise would have had a legitimate case.

The Supreme Court found that rights described in IDEA apply equally to the parents and to the special needs child. This makes parents full legal partners to their child under law. Thus, parents are able to bring a civil suit against a school district while representing themselves without an attorney pro se. The case is Winkelman v. Parma City School District (05-983).

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