We have gotten a robust reaction to the post a while back concerning who won Endrew F? It seems that each side (parents and school officials) still thinks that they won. Why is that?
First, we should probably take a look at special education law. We have long said here that special education law is closer to metaphysics than it is to contract law. Contract law, and other types of old law, have "hornbook" rules that have been settled for ages. Old lawyers can apply those settled rules to a fact pattern and predict an outcome with reasonable certainty. (Although as one very senior attorney once told me, "anybody who says they know what a jury will do is lying.")
Special ed law, though (Read more...)