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Special Ed 101
why do schools not want to evaluate troubled kids?
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<blockquote data-quote="Martie" data-source="post: 91653" data-attributes="member: 284"><p>A very good question...</p><p></p><p>Under Federal law, educators cannot be held liable for noncompliance under IDEA...so what Sheila is saying is correct: if they are personally liable, it is for an offense that any teacher would be liable for: gross negligence, misconduct, malfeasance, etc.</p><p></p><p>The SOLE remedy under IDEA is Due Process....however, there is a loophole: "any party aggrieved" of the hearing officer's decision, may appeal in federal district court. As Sheila said, this takes VERY deep pockets so that almost all Special Education case law is built either by very poor children and parents represented by advocacy rights groups, i.e., Cory H. in the 7th Circuit or the recent Supreme Court decision in which the father was a multi-millionaire and went to the Supreme Court on principle for OTHER kids' sake...it would have been far easier for him to just pay his kid's private school tuition--which he could have done a hundred time over. But what about the kids whose parents can't afford private school?</p><p></p><p>Since 1975, the Supreme Court has heard more Sp Ed cases than on any other single topic...the intent of Congress in establishing Due Process procedures was to keep disputes out of court. That idea did not work...but the idea of FAPE has worked, but unfortunately usually only for kids whose parents are well-informed and willing to fight at the SD level for what their child needs.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 91653, member: 284"] A very good question... Under Federal law, educators cannot be held liable for noncompliance under IDEA...so what Sheila is saying is correct: if they are personally liable, it is for an offense that any teacher would be liable for: gross negligence, misconduct, malfeasance, etc. The SOLE remedy under IDEA is Due Process....however, there is a loophole: "any party aggrieved" of the hearing officer's decision, may appeal in federal district court. As Sheila said, this takes VERY deep pockets so that almost all Special Education case law is built either by very poor children and parents represented by advocacy rights groups, i.e., Cory H. in the 7th Circuit or the recent Supreme Court decision in which the father was a multi-millionaire and went to the Supreme Court on principle for OTHER kids' sake...it would have been far easier for him to just pay his kid's private school tuition--which he could have done a hundred time over. But what about the kids whose parents can't afford private school? Since 1975, the Supreme Court has heard more Sp Ed cases than on any other single topic...the intent of Congress in establishing Due Process procedures was to keep disputes out of court. That idea did not work...but the idea of FAPE has worked, but unfortunately usually only for kids whose parents are well-informed and willing to fight at the SD level for what their child needs. Martie [/QUOTE]
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why do schools not want to evaluate troubled kids?
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