NYT: Special Education Ruling's Effects Unclear

[DeepModem Mom]

Special Education Ruling's Effects Unclear
By ELISSA GOOTMAN
Published: November 17, 2005


It may take years to assess fully the impact of the Supreme Court ruling on Monday on disputes between school districts and the parents of special education students, experts across the country have said.

The decision gives parents who disagree with the individualized education plans the burden of proving that the plans are inadequate.

Advocates for disabled children greeted the ruling with dismay. In some states, they acknowledge, it will have virtually no effect. In others, the effects remain to be seen. Some advocates are looking for ways around the ruling, like seeking state or federal laws to shift the burden of proof to school districts.

... Arlene Mayerson, directing lawyer of the Disability Rights Education and Defense Fund....said she believed that at the very least some parents would be deterred from pursuing complaints against school districts. She added that districts, knowing that parents have to assemble convincing cases, might be less likely to compromise beforehand....

***

Essentially, states fall into three categories on disputes over individualized education plans. One group includes Texas, Virginia and Maryland, where the Supreme Court upheld what has been in practice. The second group includes New Jersey and New York, where the burden of proof shifts to the parents. In the third group, states including Alabama and Connecticut have regulations or statutes that place the burden of proof on school districts....


http://www.nytimes.com/2005/11/17/politics/politicsspecial1/17parents.html

[no_hypocrisy]

1. I can predict some effects of this ruling:

1. Towns embroiled in a variety of lawsuits. Tax dollars towards attorneys, experts, surveys, trial prep, trial, appeal.

2. Worried parents initiating suits against their municipalities. Unless it's a class action, these plaintiffs will be strapped for funding for this legal pursuit. Attorneys specializing in this field will be minimum. They will need money for expert psychologists, special education experts, experts in public education, etc. And in the meantime, this issue won't be resolved for years while their children are losing time.

End result: Nobody wins. The issue may be arbitrarily resolved. But nobody wins.