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Public Comments from ICWA members


AMICUS CURIAE BRIEF OF
INFORMED CHOICE WASHINGTON

A central and controversial theme in the appellate battle is the weight the courts gave to the child’s school-based services.

The trial court’s decision to deny a hearing relied heavily on the fact that the school was managing the child’s needs through an IEP and a safety plan, noting that he was making “some progress” under their care.

This reliance prompted the nonprofit Informed Choice Washington to file an amicus curiae brief supporting the petition for review. The organization warns of a deep structural problem in the lower courts’ reasoning.

While acknowledging that public schools play a critical role, ICWA and Goodman’s attorneys argue that deferring to a school system allows administrative actors to occupy a role that legally belongs to parents and judges.

Furthermore, they argue that autism treatment does not end at the classroom door. Relying solely on the school’s intervention excuses the lack of specialized, outpatient clinical support that the father, as the sole medical decision-maker, allegedly failed to implement.

Read the whole story HERE at the Olympic Herald


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Chrio-Fest 26

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