This seems to be the year for Asperger's Syndrome court rulings. So far there have been two important ones in the first three months of the year...
March 15, 2006 - The Gaydos v. Cupertino ruling in February is not the only notable court case involving Asperger's Syndrome (AS) so far this year.
On January 30 U.S District Judge D. Brock Hornby ruled that a girl in York County, Maine, was eligible for special education services under the Individuals with Disabilities Education Act (IDEA). The girl, who remains nameless in court records has AS and had been denied special education services by Maine's School Administrative District 55.
The case is summarized well in a Portland Pres Herald article syndicated by the Associated Press.
Lenny Schafer, Editor of Schafer Autism Report, shortly after the ruling said that "The federal court ruling that Asperger syndrome is a disability, if it stands, will easily double the number of students legally entitled to special education services, at the least." That quote has been making the rounds on listserves dedicated to special education issues. And while the case is interesting on a number of points, I suspectthat Schafer is overstating its impact.
Why is the case so interesting? For starters, it establishes federal legal precedent for expanding the concept of education to include more than just academic issues. The girl in the Maine case had no real academic problems; but AS has a profound impact on communication with peers. Judge Hornby ruled that the adverse affect this girl's problems had on her ability to communicate appropriately with and relate to her peers qualified her for services under IDEA regardless of her grades (which were pretty good). But this idea may not be binding on all states. Hornby makes clear that his ruling looks at Maine laws emphasis on socialization in education. In a state with a more traditional view of education as being made up mostly of the three "R's" the ruling might have gone another way. And Maine (and other states) could now easily decide to narrow their definition of education as a result of the ruling.
Can the case be generalized to all students with AS? Probably not automatically: the unnamed girl in the Maine case has AS and a depressive disorder. AS was not her only problem. And the legal process still
- Requires that parents prove not just that their child has AS, but that their child's AS "adversely affects" its education.
- Requires the parents to meet the burden on proof in the court case.
Decisions are still made individually, child by child. But obtaining special education services for a child with AS may now be somewhat easier...
The court ruling itself is available online and (as federal court rulings go) is a pretty readable 48 page document.
Copyright © 2006, Greg Cruey and Suite 101. All rights reserved. Any unauthorized use will constitute an infringement of copyright.
