EBD Blog

Ray Schmitt, a resident of Herico County (VA, US) where he lives with his daughter who has mild mental retardation and autism, wrote a critique of the recent decision by Judge Robert Payne holding Henrico County Schools culpable for failing to provide a free and appropriate public education for Reid Tutwiler. I covered the decision in a previous post on EBD Blog.

Mr. Schmitt’s concerns center in part around his self-professed belief that litigation does not help to solve society’s problems. However, he raises other concerns that have to do with the costs of Judge Payne’s decision, and the effects of such decisions on educational policy and practice.

My point here is that there are times when practicality, reality and a sense of reasonableness must factor into decisions made by parents, schools and the legal system. I went through an agonizing internal debate many years ago, wondering whether I should send my daughter to a private school and fight the county to pay for it. I chose not to because sometimes you just have to accept reality. Sometimes a child is simply unable to learn. It’s one of the most difficult things a parent will ever have to accept, but it’s something to consider.

Let’s look at it another way. I drive a Cavalier. I would love for it to perform like a Corvette. If the same theory the Tutwilers and Judge Payne have about education were applied to this situation, then it would stand to reason that my Cavalier should perform just like the Corvette. After all, both cars are made by Chevrolet. Unfortunately, no matter how much I want it to, my car never will run like a ’Vette. It just doesn’t have the components to make it so. Suing General Motors, however, will not solve the problem.

Surely, some readers will agree and some will disagree with Mr. Schmitt’s analysis. For more, please read the article. This link points to Mr. Schmitt’s comments.

Update (1 Aug 2006): Over on The Life that Chose Me Dick’s covered this, too.