why do schools not want to evaluate troubled kids?
- Thread starter brandyf
- Start date
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">why do we have to send the certified letter and end up getting into it with the schools over this? </div></div>
The CERTIFIED letter is to protect you and your difficult child. This is YOUR proof that they know there has been a request made to evaluate. Plus it gives them a strict time frame to complete the IEP process.
Check out the Special Education archives. Really good info in there.
The CERTIFIED letter is to protect you and your difficult child. This is YOUR proof that they know there has been a request made to evaluate. Plus it gives them a strict time frame to complete the IEP process.
Check out the Special Education archives. Really good info in there.
SaraT
New Member
in my humble opinion it is because schools don't want to use their money to provide needed services that are required by law if a child is shown to be of need.
Keep fighting. It took me 2 years and a diagnosis from a pediatrician before school gave my difficult child an evaluation and then IEP.
Keep fighting. It took me 2 years and a diagnosis from a pediatrician before school gave my difficult child an evaluation and then IEP.
Sheila
Moderator
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 http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6, .)
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.
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 http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6, .)
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.
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
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
