The Role of Special Education Interest Groups in National Policy ...

officials can file for a due process hearing to resolve educational disputes before an impartial hearing officer. If the losing party is dissatisfied with the decision, it can appeal the decision to the federal district court, then to the circuit court, and all the way to the Supreme Court, which may or may not accept to hear the case (grant certiorari¹⁷). The U.S. Supreme Court has issued a ruling in 12 IDEA cases over the policy’s history (9 between 1975 and 2004, and 3 since 2005). These decisions have ruled on disputes concerning free appropriate public education,¹⁸ what constitutes education-related services as opposed to medical services,¹⁹ attorneys’ fee awards,²⁰ tuition payments and parental reimbursement at private school placements,²¹ student discipline,²² remedies,²³ and special education services in parochial schools.²⁴ The Zobrest v. Catalina Foothills School District case, about sign language interpretation in a parochial school, especially illustrates the political context in which special education operates, much like other issue domains. The district court and the U.S. Court of Appeals for the Ninth Circuit ruled that the funding of an interpreter for a deaf student at a parochial school did not pass the test set forth in Lemon v. Kurtzman.²⁵The Supreme Court reversed the appeals court’s decision with a 5-4 vote, concluded that the establishment cause was not violated, and that sign language interpretation could be provided in a parochial school using federal funds.This case brought forth a surge of amici briefs from civil liberties groups (e.g., Anti-Defamation League, American Civil Liberties Union), government organizations (e.g., National Governors Association, U.S. Conference of Mayors), faith-based organizations (n = 17) (e.g., U.S. Catholic Conference, Union of American Hebrew Congregations), and professional and parent groups.

In the most recent IDEA cases, the Supreme Court ruled that the burden of proof in a due process hearing rests upon the party who is seeking relief,²⁶ expert witness fees are not recoverable under IDEA,²⁷ and that parents can represent their child in judicial proceedings as IDEA grants them independent enforceable rights.²⁸ (See appendix A for a summary of all 12 cases.) Therefore, even though the disputes were originally of a local nature regarding a child’s special education, a ruling by the Supreme Court provided a significant national policy interpretation.