Special education lawsuit against Compton Unified reaches U.S. Supreme Court



imageA suit brought against the Compton Unified School District has reached the U.S. Supreme Court and, on Monday, the Obama administration.

The U.S. Supreme Court reached out to the U.S. solicitor general’s office for its views on a negligence claim brought against Compton Unified.

The suit was brought on the basis that the school district failed to identify a high school student’s disabilities, which the plaintiff argued violated the Individuals with Disabilities Education Act (IDEA).

According to Education Week, during the student’s 10th grade year, teachers became concerned about the nature of her school work. She was referred to a mental health counselor, who recommended an evaluation for learning disabilities. The district failed to heed this recommendation and promoted the student to 11th grade.

Only when mother of the student argued for an individualized education program for her daughter did Compton Unified determine the student was eligible for special education programs.

The mother filed an administrative claim under IDEA, arguing the district failed under the law’s “child find” requirement to adequately and promptly identify the learning disorder.

The administrative judge found in favor of the plaintiff.

Compton Unified appealed its case, arguing that if the family won, students would be able to file “educational malpractice” suits against school districts. The 9th Circuit Court of Appeals sided once again with the plaintiff.

The appealed case, Compton Unified School District v. Addison, remains in the high court. The request for an opinion from the solicitor general’s office is expected to take months.

Photo courtesy of Creative Commons