Article published May 07, 2003
Setback for special ed?
A congressional attempt to make special education programs in public schools more efficient and more flexible for school administrators and teachers may not be more beneficial to disabled students themselves. The House recently passed a measure intended to eliminate paperwork, expand local school control, and reduce costly litigation.
But the price of revamping the federal special-education law may be high for the estimated 6.5 million disabled or "special needs" students receiving specialized education and supervision. For example, under the House bill, less paperwork means no more yearly individual education plans for each disabled student.
The proposed legislation would require a plan every three years. It would also eliminate creating short-term objectives for students. Without them there is little to closely measure student progress in academic and non-academic goals.
The bill purports to give schools more flexibility in dealing with disabled students who are troublemakers. But an especially troubling provision of the measure would allow schools to expel or suspend students with disabilities who break any school rules. Those with disciplinary problems could also be placed in alternative settings for well over a month.
The law currently requires schools to investigate whether a student's misbehavior is due to his disability. The proposed changes not only would shift that responsibility to the parents, it would allow for removal of a disabled student even if his behavior was a manifestation of his disability.
Advocates for disabled children say that flies in the face of reason. "Should you punish a child for having a disability, or should you create an environment in which that child can learn?" asked Margaret Burley of the Ohio Coalition for the Education of Children with Disabilities.
Other provisions in the special education law that worry advocates for the disabled include funding - it's about half the amount originally pledged by Congress when the special education law was enacted over two decades ago.
The bill also attempts to rein in the process of resolving disputes between parents and schools with stipulations like mandated waiting periods, statutes of limitations, and limited legal reimbursements to parents who proceed to settlement negotiations.
Critics argue the move would make it more difficult - and costly - for parents to participate in evaluating and monitoring the school services provided to their children.
Before the Senate begins debate on its special education measure next month, it must acknowledge the serious reservations that have been raised about the House version and fashion better compromises.
After all, to paraphrase the slogan, we must leave no disabled child behind.
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