mc, if I were interested in arguing the matter in court in a legal setting, I would speak quite differently.  My comments comprise commentary on public policy and whether legislation itself is optimal.  I do not speak to McShane's ruling as it is constrained by existing statute.  Of course, it must be remembered that every statute must be interpreted and your comment that McShane is on target represents your interpretation of the law.  Obviously, lawyers for the school district argued contrary to your perspective.  If the matter is appealed to the ninth, we will get a more definitive decision on the matter.

But as I said, I am not interested in interpreting statute as written.  I am concerned with public policy which comes before and drives legislation.  Should society place some burden on the parents?  Is it best to mandate that schools delve into the treatment of mentally ill children?  I actually take no position on the matter, but raising the question is important.