Education Commons^™

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …