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Special education clash: Supreme Court sides unanimously for student with disability
By Linda Jacobson, The 74
Students can seek monetary damages even if they accept a settlement under the Individuals with Disabilities Education Act, the court said....
A deaf man can sue his former school district in Michigan for monetary damages because he was denied appropriate services and left unable to communicate in school, the U.S. Supreme Court ruled unanimously Tuesday.
The justices reversed a decision by the Court of Appeals for the 6th Circuit that prohibited Miguel Luna Perez from seeking financial relief under the Americans with Disabilities Act because his family accepted a settlement under special education law.
“We clarify that nothing in that provision bars his way,” Associate Justice Neil Gorsuch wrote in the opinion, referring to the Individuals with Disabilities Education Act. He added that the court took the case because it has consequences for “a great many children with disabilities and their parents.”
In a statement, Roman Martinez, Luna Perez’s attorney, said the family now plans to pursue a lawsuit against the Detroit-area Sturgis Public Schools under the Americans with Disabilities Act.
The “court’s ruling vindicates the rights of students with disabilities to obtain full relief when they suffer discrimination,” he said.
The case focused on whether Congress intended for families to relinquish their rights to sue for monetary damages when they agree to a settlement under IDEA to get their children services as quickly as possible. But advocates for school districts, such as AASA, the School Superintendents Association, argued that districts could be facing multiple lawsuits from the same family.
“This is a significant ruling, and an unsurprising decision based on the oral argument,” said Sasha Pudelski, advocacy director for AASA. “We have deep concerns with injecting a legal battle over money into the IDEA process and how this ruling may undermine parents’ willingness to collaborate with districts in crafting an appropriate special education program for a child.”
Luna Perez, whose family emigrated from Mexico, entered the Sturgis schools in 2004, when he was 9. He didn’t know American Sign Language or English. The district assigned him an aide who couldn’t sign, invented hand signals to communicate with him and often left him alone for hours.
He received good grades, but before graduation in 2016, the district told his parents that he would not be eligible for a high school diploma — only a certificate of completion. The family sued under IDEA, which resulted in a placement in the Michigan School for the Deaf. But the family also argued that their son should be compensated for being left without the skills to get a job. IDEA includes a number of procedural steps before a case can go to court and doesn’t provide financial relief.
The only remedy available under IDEA is compensatory education services. But Rebecca Spar, a special education attorney with the New Jersey-based Education Law Center, said that’s less important to an adult who needs to support himself.
“It was the kind of case where appropriate education going forward could not remediate the harm to the student,” she said.
Advocates for English learners said there are lessons in the case for how districts serve immigrant families whose children have disabilities. Schools need to ensure immigrant families understand their rights and provide interpretation and translation services, said Cady Landa, a researcher at the University of Illinois Urbana-Champaign who has studied the obstacles facing such families.
In the Sturgis schools, things have changed since Luna Perez was a student, said Superintendent Art Ebert, who has been with the district since 2018. The district has an interpreter and is expanding its special education department. Depending on their needs, some students with disabilities attend programs offered by county-level intermediate districts if local schools can’t provide the services.
“I do believe that every experience provides us with an opportunity to learn and grow,” Ebert said.
This story was produced by The 74, a non-profit, independent news organization focused on education in America.
Monday
Sunday
Lagos State Governor coasting to victory while Seyi Makinde is re-elected in a landslide…..
Chief Editor’s Desk
Incumbent Lagos State governor, Babajide Sanwo-Olu appears to be coasting home to victory against his Labor Party opponent, Gbadebo Rhodes-Vivour.
Also, incumbent Oyo State governor, Seyi Makinde seems to have reaped the fruits of excellent leadership, as he has been re-elected with almost 70% of the votes. It appears a landslide victory was always a possibility for the PDP standard bearer, in light of how popular he has been over the last four years.
See more real time results here
UPDATE: Sanwo-Olu’s ‘victory’ has been officially ratified by INEC, Nigeria’s electoral body. His victory is however extremely tainted unlike that of Seyi Makinde, the incumbent Oyo State governor. There are widespread (and documented) reports of killings, voter suppression through intimidation, as well as various well documented irregularities related to the snatching of ballot boxes and manipulation of results before being uploaded onto the INEC portal.
The Labor Party candidate, Gbadebo Rhodes-Vivour has refused to congratulate Sanwo-Olu, and has indicated he will mount an aggressive legal challenge to ‘reclaim the people’s mandate’.
Saturday
Goodbye, Google Maps: Apple’s “New” Alternative Quietly Launches for More Users
By Bogdan Popa
The rollout of the new so-called Detailed City Experience is taking place in stages. On the other hand, Apple never seemed to be in a rush to reach the broad availability stage, especially as the company seems to focus particularly on delivering an upgraded experience.
The new maps come with an impressive level of detail. They include road markings, trees, elevation, crosswalks, and everything else you typically find on the road.
3D landmark models play a major role in the new Apple Maps version. Apple has been working around the clock on the 3D makeover, and the release in Boston embraces the same direction.
Fenway Park, the Museum of Fine Arts, and other landmarks in Boston are all part of the new Apple Maps with 3D versions. They can be explored on both the iPhone and Mac using an up-to-date version of Apple Maps.
The navigation provided to drivers is also getting a facelift. The 3D component is expanded on this front as well, so users can see further road details, including the approaching crosswalks and the nearby buildings. So, figuring out which way they need to go is more straightforward given the Apple Maps version accurately reproduces the real world.
The new Apple Maps also includes traffic lights and stop signs as drivers approach an intersection.
The debut of Apple’s new-generation Google Maps alternative in Boston is living proof the company is committed to building a better mapping service.
This incredibly slow rollout seems to be the main shortcoming that prevents Google Maps users from jumping ship. Google typically releases new features at a faster pace, and as such, Google Maps adopters get a chance to try them out quicker.
In the case of Apple Maps, the Detailed City Experience was announced in 2021, whereas the “new” version of the service based on Apple’s own maps was confirmed in mid-2018. Since then, the company has been working mostly on expanding the availability, but a big part of Europe is yet to get the new experience.
Apple needs to continue the work on improving Apple Maps from a feature perspective. Apple Maps is lacking essential features that are otherwise available in competing products like Google Maps.
Oddly enough, Apple Maps does not sport satellite map navigation, despite the satellite maps actually being available in the app. Offline maps are missing as well, so right now, the only way to get route guidance with Apple’s solution is to keep your device connected to the Internet all the time. Apple has so far remained tight-lipped on whether it plans to add these features to Apple Maps in the long term or not.
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