THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Sunday, February 9, 1997 TAG: 9702090052
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY VANEE VINES, STAFF WRITER
LENGTH: 66 lines
The state Education Department's battle with its federal counterpart over the way Virginia previously disciplined some special education students may not be over.
The 4th U.S. Circuit Court of Appeals ruled Wednesday that the federal Education Department could not withhold funds from Virginia just because its schools typically had not served special ed students removed from school for certain disciplinary reasons.
But the federal department may take the matter to the U.S. Supreme Court.
``While we are deeply concerned with discipline and safety in schools, we strongly support every child's right to an education,'' said Jim Bradshaw, a U.S. Education Department spokesman.
``We are disappointed in the ruling and will be considering an appeal.''
The dispute stems from the federal department's threat to deny Virginia $60 million in annual special ed grants because the state typically had not provided services to special ed students who were expelled or placed on long-term suspension for conduct unrelated to their disabilities.
Similarly, the state does not require school districts to educate non-disabled students who are expelled or placed on long-term suspension.
But the federal department, citing the Individuals with Disabilities Education Act, said federal laws require states to assure all disabled children ``the right'' to a free and appropriate education.
The U.S. department took issue with Virginia's policy, which essentially allowed the state to cut off educational services to disabled students for certain disciplinary reasons.
Officials threatened to withhold Virginia's annual special ed grant unless the state changed its policy. The state refused.
When the dispute arose roughly four years ago, 126 of Virginia's 128,000 special education students had been expelled for reasons unrelated to their disabilities.
The federal department wanted Virginia to provide educational services to those students.
The matter wound up before the full 4th U.S. Circuit Court of Appeals in Richmond this past week after several legal rounds.
In an 11-2 decision, the court said the law does not entitle disabled children to a free public education ``regardless of state disciplinary policies governing the provision of educational opportunities to disabled students expelled or suspended'' for serious misconduct unrelated to their disabilities.
The court also said the federal department's threat resembled ``impermissible coercion.''
In the interim, the federal department had not withheld Virginia's special ed funds, state schools chief Richard T. La Pointe said in a telephone interview Friday.
Pending the outcome of the case, he said, the state also had agreed to provide educational services to disabled students expelled or suspended for reasons unrelated to their disabilities.
Virginia probably will continue to do so until the state attorney general's office says the commonwealth is in the clear, he said.
La Pointe found the latest ruling encouraging.
``We are deeply committed to serving children with special needs, but we also have a right and responsibility to deal with children with special needs using common sense,'' he said, pointing out that the Virginia School Boards Association also supported the state's position.
KEYWORDS: SPECIAL EDUCATION FUNDING DISCIPLINE RULING
VIRGINIA EDUCATION DEPARTMENT