Rethinking the Special Education Due Process System

The re-authorization of IDEA should have occurred in 2011, but the delay of ESEA and other critical education legislation has meant that advocacy groups are only beginning to introduce legislative fixes or policy recommendations in 2013. AASA has begun to compile recommendations for the next re-authorization of IDEA and Rethinking the Special Education Due Process System, is the first report in our series that addresses problems with the current statute as well as proposed improvements. Read more and download report here.

  • I also agree that the DueProcess system in special education could use revision. The suggestions related to performance data driving better services can be true depending upon the state. I however believe that a consultant can truly be impartial if the consultant does not have a personal history of their children utilizing SPED services. It is difficult to separate the desperation and bias when there is transference. The entire process of conflict resolution regardless of the degree of involvement is stressful to all the parties. Recognizing the role of ones limitations in SPED can sometimes facilitate resolution of the dispute and impartiality.

  • How you leap from reforming IDEA to letting students fall through the cracks, is exactly why your opinion is flawed. Severely lacking? mock tens of thousands of dedicated educators. Services abound, there are numerous ways to write & enforce a child's IEP. Are there bad teachers, yes; bad administrators, yes; bad lawyers, yes; bad doctors, yes. Where's your data? Educators teach, transfer and practice knowledge and skills. All else should be the responsibility of the family, as they CHOSE to have children-for better or worse. When students exit school, not prepared, it was a failure of all involved-not just a school, including the student themselves.

  • I find it interesting that in many states, due process operates upon the lines of the old model. However, in the state I teach in, the recommended model is what is in practice. Perhaps that's forward thinking, perhaps that's common sense. I do know that our state has less due process filings per special education student than other states. Someone is doing something right!

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