Case

Florence Co. Sch Dist Four v. Shannon Carter, 510 U.S. 7, (1993)

Outcome

Shannons parents took the case to the judge and they lost due to
the due process but later won once the case was brought to the
supreme court with a 9-0 vote.

Links

http://www.wrightslaw.com/law/caselaw/Carter_Links_Page.html

Story

Shannon Carter had dyslexia and ADHD while being served on an

IEP with goals to improve her reading skills. The IEP stated she
would progress from 5.4 grade level to 5.8 grade level in reading
and 6.4 to 6.8 in Math. Her parents felt that was inadequate to
meet her needs. The parents asked for more intensive program
and the school referred her to a different place. They referred her
to Trident Academy which is a private school that specializes in
educating children with language learning disabilities like dyslexia.
She was placed in the school and her parents sued for tuition in
court. This is when the IEP was shown to be inadequate because it
was not progressing her any closer to her current grade level.
Shannon was set to fall even further behind her grade level at this
rate.
Instead of doing this option her parents requested a due process in
which they lost. They required a review and proceeded to lose
again. When the case entered court the tide turned sides. The case
was ruled in her favor in the supreme court which ruled 9-0.
The school district appealed to the circuit and argued that the
progress was acceptable for four months worth. The court talked
about least restrictive environment issue and later on created a
whole new door for further educational appeals.