AASA-NSBA-AESA release New Report on IDEA Litigation
Today, the National School Boards Association, AASA, School
Superintendents Association, and the Association of Educational Service
Agencies released a report “School Leader Voices, Concerns and Challenges toProviding Meaningful IDEA-related Services During COVID-19” which sheds light
on how potential and actual special education litigation can impact schools’
budgets and operations. Using data gathered by the three organizations
demonstrates the need for Congress to provide flexibility to districts and
educational service agencies in complying with IDEA in the upcoming school
year. Specifically, the legal understanding of FAPE during a pandemic cannot be
the same thing as FAPE under normal educational circumstances
America’s special education
system is woefully underfunded and as the pandemic reduces state and local
revenue, there are even fewer dollars to cover the services districts must
provide students with disabilities under the Individuals with Disabilities in
Education Act (IDEA). Special education is the most active area of
litigation for school districts, with the average cost of one litigation
estimated at the amount that could be used to hire one experienced teacher.
As schools prepare to reopen in the fall, there
is a growing concern that school districts and educational service agencies
will face unparalleled rates of litigation for their inability to meet IDEA
requirements during the pandemic. It is critical that the next COVID-19 package
Congress passes contains liability protection for districts and educational
service agencies to protect them from incredibly high levels of special
education litigation that will result from their inability to meet every
requirement in IDEA.