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Special Ed 101
why do schools not want to evaluate troubled kids?
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<blockquote data-quote="Sheila" data-source="post: 91536" data-attributes="member: 23"><p>Money, or lack thereof, would be at the top of my list. </p><p></p><p>Another would be the lack of aggressive enforcement by the feds and SEAs. The way IDEA is designed, it's usually parents that do the real enforcement via the Courts. In order to "enforce," it usually requires a parent that has a good working knowledge of the Federal law and has dotted all the i(s) and crossed all the t(s). with-very obstinate school districts, said parent(s) typically must be big on principle and have very deep pockets.</p><p></p><p>Another would be lack of personal accountability and liability. As a general rule, it's very difficult in many states to sue an individual educator (such as a principal or Special Education Director) even for flagrant, blatant non-compliant IDEA issues. I'm not an attorney, but I believe the non-compliant issues would have to be connected to criminal offenses, e.g., assault and/or battery connected with-improper disciplinary measures might be one example. I haven't specifically researched "remedies" in IDEA in years, but the best I recall is they are ordinarily limited to Due Process procedures as set out in Procedural Safeguards. (See <a href="http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6," target="_blank">http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6,</a> .)</p><p></p><p>If you do much research on suits involving special education brought by parents, you'll find the majority are styled something like John Q. Public, Next of Friend for Minor Child vs XYZ Independent School District or styling to that effect.</p></blockquote><p></p>
[QUOTE="Sheila, post: 91536, member: 23"] Money, or lack thereof, would be at the top of my list. Another would be the lack of aggressive enforcement by the feds and SEAs. The way IDEA is designed, it's usually parents that do the real enforcement via the Courts. In order to "enforce," it usually requires a parent that has a good working knowledge of the Federal law and has dotted all the i(s) and crossed all the t(s). with-very obstinate school districts, said parent(s) typically must be big on principle and have very deep pockets. Another would be lack of personal accountability and liability. As a general rule, it's very difficult in many states to sue an individual educator (such as a principal or Special Education Director) even for flagrant, blatant non-compliant IDEA issues. I'm not an attorney, but I believe the non-compliant issues would have to be connected to criminal offenses, e.g., assault and/or battery connected with-improper disciplinary measures might be one example. I haven't specifically researched "remedies" in IDEA in years, but the best I recall is they are ordinarily limited to Due Process procedures as set out in Procedural Safeguards. (See [url="http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6,"]http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6,[/url] .) If you do much research on suits involving special education brought by parents, you'll find the majority are styled something like John Q. Public, Next of Friend for Minor Child vs XYZ Independent School District or styling to that effect. [/QUOTE]
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