U.S. Supreme Court Hears Case Regarding Parents' Rights in IEP Process

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U.S. Supreme Court Hears Case Regarding Parents' Rights in IEP Process

Autism Speaks, through Its Federal Legal Appeals Project (FLAP), Files Amicus

Brief in the

Tom F. case.

WASHINGTON, DC (October 1, 2007) -- The Supreme Court today heard oral arguments

in

the Board of Education of City of New York v. Tom F., 06-637.The issue under

consideration by the high court concerns a parent's statutory right to challenge

a school

district's Individualized Education Plan ( " IEP " ). According to the New York City

Department

of Education, even if the child's IEP is demonstrably inappropriate, a parent

should not

have standing to challenge their child's IEP unless the parent has first " tried

out " the

school district's IEP.

Autism Speaks filed an amicus brief in the case, focusing on the critical nature

of early

intervention for children with autism. The brief explains why parents of

children with

autism should not be forced to " try out " demonstrably inappropriate and

ineffective IEP

programs during what may well be a relatively narrow window of opportunity.

" The danger of making parents try out the school district's program first, even

if it's not an

appropriate program, is that students who need early intervention waste critical

time, " said

Mayerson, an Autism Speaks board member and founder of law firm Mayerson &

Associates. " If my child can't swim, and the school district's plan is to throw

him in the

deep end of the pool, I shouldn't have to allow my child to drown to prove that

the

district's plan is ridiculous. "

Leonard Koerner, chief appeals lawyer for New York City, said parents should be

required

to give the public system a shot, even if only a brief one, before they can

appeal for an

outside placement.

The Supreme Court is expected to deliver its decision in the case in about six

weeks. Read

more about the case from The Wall Street Journal.

The Autism Speaks Federal Legal Appeals Project is a national pro bono

initiative

assembled and directed by Mayerson for Autism Speaks. To date, approximately ten

national profile law firms, including Akin Gump Strauss Hauer & Feld, have

joined the FLAP

committee with commitments to provide significant pro bono legal services at the

federal

level. Akin Gump attorneys H. Pees, D. Lockard, R.

,

Sunish Gulati and Evandro C. Gigante prepared the amicus brief in the Tom F

case.

ABOUT AUTISM

Autism is a complex brain disorder that inhibits a person's ability to

communicate and

develop social relationships, and is often accompanied by extreme behavioral

challenges.

Autism spectrum disorders are diagnosed in one in 150 children in the United

States,

affecting four times as many boys as girls. The diagnosis of autism has

increased tenfold

in the last decade. The Centers for Disease Control and Prevention have called

autism a

national public health crisis whose cause and cure remain unknown.

ABOUT AUTISM SPEAKS

Autism Speaks is dedicated to increasing awareness of autism spectrum disorders,

to

funding research into the causes, prevention, treatments and cure for autism,

and to

advocating for the needs of affected families. It was founded in February 2005

by Suzanne

and Bob , the grandparents of a child with autism. Bob is Vice

Chairman,

General Electric, and served as chief executive officer of NBC for more than

twenty years.

Autism Speaks has merged with both the National Alliance for Autism Research

(NAAR)

and Cure Autism Now (CAN), bringing together the nation's three leading autism

advocacy

organizations. To learn more about Autism Speaks, please visit www