THE MAJORITY OPINION CONTRADICTS ITSELF, THE LANGUAGE OF THE STATUTE, AND THE LEGISLATIVE HISTORY…
Board of Education of Hendrick Hudson School District v. Rowley
JUSTICE WHITE, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.
The passage of time has not yet vindicated the dissent authored by Justice White and joined by Justice Brennan and Justice Marshall in Board of Education of Hendrick Hudson School District v. Rowley. For a quick primer on the facts surrounding the decision in Rowley, please refer to my previous article. In this post I will look at the reasoning behind Justice White’s dissent in Rowley and Congress’ re-authorization of the IDEA in 1997 which was the catalyst for a number of cases that were brought forward re-examining the Rowley standard.