It’s about time! Reforming due process in Special Education - by Miriam Kurtzig Freedman
by Miriam Kurtzig Freedman
Miriam Kurtzig Freedman
In the long saga of education reform, with all its talk, writing and action, Special Education has been largely on the back burner. Reformers seemed afraid to touch it—until now.
The American Association of School Administrators (AASA) recently issued a ground-breaking and controversial report, Rethinking Special Education Due Process. In doing so, this national organization of public school administrators placed reforming special education due process squarely on the reform agenda—a huge step forward. I applaud them for it.
Currently, when schools and parents cannot come to an agreement about the Individualized Education Program (IEP) for a student with a disability, federal and state laws provide several dispute resolution options, including a due process hearing. At a hearing, both sides can bring witnesses, call on outside experts, and have their case heard by an independent hearing officer who will render a decision. The party that does not prevail can appeal that decision to a state or federal court.
The due process system was established in 1975 as part of the nation’s first special education law. However, this system comes with significant costs (in money, emotion, time and pressure to comply with burdensome regulations) that create fear of litigation in schools and confusion and anxiety among parents.
To address these problems, AASA hopes to “spark a thoughtful, new dialogue about the need for critical changes to the special education dispute resolution system.” The report contends