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I am giving you the benefit of the doubt, though between creating a throwaway for the purposes this comment, the aptly selected name and failure to cite anythin

I am giving you the benefit of the doubt, though between creating a throwaway for the purposes this comment, the aptly selected name and failure to cite anything of value I am likely wasting time. Children and Parents have a 14th Amendment (Constitutional) right to Due Process and Equal Protection vis-a-vis Free and Appropriate Education. Case Law: "Children of this nation are entitled to a free, appropriate education." Forest Grove School District v. T. A. (http://www.law.cornell.edu/supct/cert/08-305 http://www.law.cornell.edu/supct/cert/08-305) Legal Article: "The due process and equal protection clauses of the Fourteenth Amendment protect the educational rights of children with disabilities. State law cannot override this constitutional protection." -The Legislative and Litigation History of Special Education (http://wwfinductionmodules-resources.wiki.educ.msu.edu/file/view/History+of+Special+Education.pdf http://wwfinductionmodules-resources.wiki.educ.msu.edu/file/...) It should be noted that special education is not limited to children with disabilities but includes exception students as well. It should also be noted that not a single State does not take Federal money for children with disabilities.

smsm42 13y ago
I am still at loss on how Due Process means people should get educational services for free. I understand why one may want to give these services for free, but I fail to see how it follows from Due Process. I guess that's why I am not a lawyer.
- dragonwriter 13y ago
  The due process and equal protection clauses don't mean that "people should get educational services for free". It does mean, however, that if the State generally provides these services for free (and, a fortiori, if it, as many states do, adopts a right to such services as a State Constitutional guarantee), it cannot arbitrarily discriminate in who gets such services. (There are also federal statutory requirements that come into play if, as I believe every state does, states accept federal education funding.)

smsm42 13y ago

I am still at loss on how Due Process means people should get educational services for free. I understand why one may want to give these services for free, but I fail to see how it follows from Due Process. I guess that's why I am not a lawyer.

dragonwriter 13y ago
The due process and equal protection clauses don't mean that "people should get educational services for free". It does mean, however, that if the State generally provides these services for free (and, a fortiori, if it, as many states do, adopts a right to such services as a State Constitutional guarantee), it cannot arbitrarily discriminate in who gets such services. (There are also federal statutory requirements that come into play if, as I believe every state does, states accept federal education funding.)