Judge Sotomayor on Education, Disabilities

Yesterday's Education Week looks at the education record of Judge Sonia Sotomayor, President Barack Obama’s choice for a seat on the U.S. Supreme Court. In particular, this decision is noted:

In Frank G. v. Board of Education of Hyde Park, decided by the 2nd Circuit in 2006, she joined a unanimous decision by a three-judge panel stating that parents can get reimbursed for private school tuition for a child with disabilities even if the child has never received such services from their home school district. The same issue is now under consideration in Forest Grove School District v. T.A. (Case No. 08-305), which also deals with reimbursement for such “unilateral” placement of children into a private school. ("Reimbursement for Private Placement Again Topic of Supreme Court Scrutiny," May 13, 2009.)

(In 2007, the Supreme Court ruled that New York City schools had to reimburse former Viacom executive Tom Freston for private special education for his son, who has learning disabilities; more about this decision is here.)

More of Judge Sotomayor's record regarding individuals with disabilities can be found via the Bazelon Center for Mental Health Law. While expressing some reservations, such as Judge Sotomayor's decision in the Bartlett case, which involved a person with learning disabilities who was denied accommodations in taking the bar exam, the Bazelon Center states that:

.....on preliminary review of her cases we believe that Judge Sotomayor could be a disability rights champion on the Supreme Court. She seems to understand the language and purpose of the ADA and other disability rights laws. She seems to understand that these laws are intended to have a broad remedial effect on the relationships between persons with disabilities and covered entities like employers, schools, state agencies, and public accommodations. She seems to understand that the decisions of judges, including Supreme Court justices, interpreting these laws have consequences for people with disabilities. And she has been unafraid of taking strong positions on issues where she believes her reading of the law and facts is correct. Based on what we know so far – including the fact that she has spoken in public about her own experience with insulin-dependent diabetes – we look forward to supporting her nomination for the Supreme Court.

"Seems," yes.