Monday, February 26, 2007

Supreme Court Grants IDEA Case, Denies Cert. in ADA/Parental Rights Case

In today's orders list, the Supreme Court granted cert. in Board of Education v. Tom F., No. 06-637, a case that presents the question whether private-school tuition reimbursement is available under the Individuals with Disabilities Education Act for students with disabilities who never attended public school.

The Court also denied cert. in Irving N. v. Rhode Island Department of Children, Youth, and Families, No. 06-603, which presented the question whether Title II of the ADA applies to state termination of parental rights proceedings. I represented petitioners, so obviously I'm disappointed. Many state courts have held -- in conflict with the plain text of the ADA -- that the statute doesn't apply to termination of parental rights proceedings, even though there's widespread discrimination against parents with disabilities in those proceedings. I hope we can at some point find an appropriate vehicle to get the Court to decide this issue.

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