Comments on: How much is that doggie in the window? https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/ Chronicling the high cost of our legal system Wed, 07 Mar 2007 20:38:58 +0000 hourly 1 By: Deoxy https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13723 Wed, 07 Mar 2007 20:38:58 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13723 “I covered a case in which a small school district had to scrap its art and music program to foot the bill for the 24-hour care of a ‘disturbed’ student…”

And THAT is where I take offense at a large amount of this stuff.

“No Child Left Behind”, for instance, means that no child ver gets to laern how to READ, because there are some children who are incapable of reading.

Now, granted, ANY extra spending on one child will impose some level of burden on all the others, and I don’t find it reasonable to just pitch them out in the cold, so to speak, but there’s got to be a line somwhere…

]]> By: Griffin3 https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13722 Wed, 07 Mar 2007 20:25:09 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13722 Hrmmph. After reading Mr. Wilson’s comment, I’m feeling pretty darned ‘disturbed’ myself, and I have a medical doctor (my wife) who can document that it is so. Where’s MY 24-hour care?!?!

And people wonder why I would rather home-school …

]]> By: David Nieporent https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13721 Wed, 07 Mar 2007 19:37:54 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13721 David, that was probably an IDEA case, not an ADA case, as the one I’m commenting on reportedly was. (Note that, as in the NY case, there may be state causes of action as well.)

I have no way of knowing the facts of the NJ case you cite, but presumably the logic was that this particular special needs school was supposedly the only one adequate for the student, and the institution didn’t offer education separate from residence, so the only way he could attend was if he got room and board as well.

]]> By: David Wilson https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13720 Wed, 07 Mar 2007 19:25:25 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13720 In most states, there are no limits to a school district’s legal obligation to educate “special education” students, and there does not appear to be any consideration of the overall good of the rest of the students. In New Jersey, this is the case. I covered a case in which a small school district had to scrap its art and music program to foot the bill for the 24-hour care of a ‘disturbed’ student (I could never get details on exactly what his ‘disturbance’ was). I questioned why the district had to pay for his room and board, since that was separate from the education he got during the day at this very pricey 24-hour facility. No good answers came my way — only anger that I would dare to question the needs of a “special child.”

]]> By: Joe https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13719 Wed, 07 Mar 2007 17:49:47 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13719 Wow, I wish my tenth grader got half the highly personalized attention as this kid.

]]> By: arerea https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13718 Wed, 07 Mar 2007 14:24:02 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13718 At what point does accommodation become an unfair burden to taxpayers? Do recipients of said services ‘receive more than their fair share’? Are there reasonable restrictions on accommodation?

]]> By: Richard Nieporent https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13717 Wed, 07 Mar 2007 14:13:57 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13717 The judge said the district provides the teen with a sign language interpreter, a student note-taker, an FM radio transmitter to amplify lectures, a teacher who specializes in hearing-impaired students, and extra time to take tests.

What, no iPod? That alone deserves a lawsuit. By the way, why should a hearing impaired student need extra time to take tests?

“He doesn’t feel that they have any respect for his disability and that they don’t care about him. He doesn’t want to be in a place like that.”

It is unfortunate that he has a handicap but it is not the fault of the school. The purpose of ADA was supposed to be to provide reasonable accommodations for someone with a handicap. But in the hands of lawyers and advocacy groups not surprisingly it has turned into a vehicle for providing the disabled with a club to beat over the heads of any organization that doesn’t provide them with everything they demand. Normally, the school would have given into the family’s demands once they threatened a lawsuit. However, it appears that in this case the family did not want to settle, but saw this as a way of making a financial windfall.

]]> By: John https://www.overlawyered.com/2007/03/how-much-is-that-doggie-in-the-window/comment-page-1/#comment-13716 Wed, 07 Mar 2007 12:22:07 +0000 http://overlawyered.com/wpblog/index.php/2007/03/how-much-is-that-doggie-in-the-window/#comment-13716 I’m starting a pool: How long before we hear the immortal words “It’s not about the money” in this case? I have March 9 in the pool.

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