COPAA filed an amicus brief in the 9th Circuit in SPB. v. Washoe County School District

The brief urges the court to affirm the decision of the United States District Court. The amicus brief is here.

COPAA Amicus Committee Co-chairs Ellen M. Saideman and COPAA Legal Director Selene Almazan wrote the brief. COPAA member, Alexis Casillas, represents the family. IDEA’s central purpose is to ensure that all students with disabilities who need special education to benefit from education receive it. Critically, IDEA imposes a “Child Find” which is devoted to the requirements for state eligibility for funds under IDEA. Congress explicitly placed the “Child Find” duty as a condition of receiving IDEA funds, providing that the obligations extend to all children with disabilities who need special education. IDEA requires that a State (and its school districts) that accepts federal IDEA funds provide each child with a disability with a free appropriate public education tailored to accommodate the child’s disabilities and to achieve educational benefit. The federal court correctly determined that Washoe County violated the child find mandate and was responsible for the tuition reimbursement for SJB’s education. COPAA further argued that the Nevada statute, which places the burden of proof on the school district, in this case, Washoe County, was constitutional. To receive federal special education funding, states must develop special education statutes and regulations that are consistent with IDEA and the federal special education regulations. State statutes and regulations may provide more rights than federal law, but may not take away rights provided by federal law.