Special Kids, Special Parents, Special Education

My article Special Kids, Special Parents, Special Education will appear in the Michigan Journal of Law Reform early next year.  Here’s the abstract.  Next week, I’ll blog about why my proposal requiring schools (ie, a bureaucratic organization) to announce and commit to rules about matters that affect members of the public is such a controversial idea.

Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a “free appropriate public education” or FAPE. In this article, I argue that the promise of the IDEA cannot be realized unless more attention is paid to the child’s parents. Under the IDEA, as in life, the intermediary between the child and the educational system is the child’s parent. The law appears to empower parents to participate in the planning, execution and revision of the child’s individual educational plan. The experience of parents, however, is not often empowering, to the detriment of both child and parent. Instead, many parents confront school systems that do not support their competence or conserve their resources.

I propose three significant reforms to the special education system that, I argue, better serve the needs of parents while improving the chances that children in need of special education will receive it. The three reforms are: 1) requiring schools to help parents be in touch with each other, 2) requiring school systems to commit to common special educational plans through a public process, and 3) adopting universal design pedagogies in general education when practicable. While the most expensive of the three proposals is the preference universal design pedagogies, the most controversial is requiring school systems to commit to common special educational plans for similarly-situated children. If the proposal were adopted, every child with the same problem would be provided with the same educational plan. The individualized plan now mandated would be provided only where a child’s situation is an uncommon one.

None of the proposed reforms is cost-free. I conclude by demonstrating that the costs of parent-oriented reforms are justified for reasons of pragmatism, to comply with congressional expectations, and to achieve social justice for parents with special needs children as compared with other parents and with each other.

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1 Response

  1. shg says:

    If schools were inclined to abide parents, the opportunity has long been there to do so. Nobody sits through an IEP meeting to enjoy the donuts. But if the schools weren’t so inclined before, there is neither argument nor law that will make the schools care what parents have to say.

    Now, if there was a legal process that wasn’t captive to school influence, was sufficiently expeditious that it could provide a timely resolution (because a child is only 12 for a year), and not overwhelmingly expensive, well, maybe schools would demonstrate a greater sense of cooperation.