com322paper#2 - Bermina Jackson Com 322 Paper#2 The...

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Bermina Jackson October 13, 2007 Com 322 Paper #2 The article ‘The Court Shirks,’ written by the New York Sun, discusses the stalemate which occurred when the Supreme Court of the United States accepted to hear the case of New York City Board of Education v. Thomas Freston. Freston (founder of MTV and former executive of Viacom) wished to enroll his special needs child directly into a private school, bypassing the schools normal procedures. The school boards procedures outline that a parent wishing to send their special needs child to a private school must first enroll their child into their perspective public school. Should the public school where the child is enrolled find the curriculum or special needs assistance unsatisfactory, the student may then be enrolled into the private school of the parent’s choice, taking with them the funding—voucher—normally allocated to that child by the board of education. Supreme Court Justice Kennedy declined to hear the case, giving no explanation, leaving the remaining eight justices to decide the case. The eight justices handed down a split decision, resulting in a default of the case. The default holding has caused the case to remain as originally decided by the Second Circuit of the United States Court of Appeals. The Court of Appeals had held in favor of Frenston. Freston will be reimbursed for the enrollment of his child into a private school, without first enrolling his child into a public school, by the tax payers of New York. The Supreme Court’s default has not led to a precedent, but rather has opened the floodgates for future litigation, allowing anyone with the necessary capital to challenge the New York Board of Education.
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