Holding the Torch

WHAT DOES WINNING SPECIAL EDUCATION DISPUTES REALLY MEAN?

Sometimes I am asked how often we “win” special education cases against school districts.  Often the person asking this question is a parent who is completely frustrated by a long and difficult history of unresolved disputes with school officials.  It seems like a simple question, but it’s not.  The answer is unique to each case.

The fact is that most special education disputes are successfully resolved if there is focused and assertive advocacy.  “Winning” is making significant and sustainable changes that help children learn in the least restrictive environment.  Achieving this in complex cases after years of disappointment and distrust between the parties is no easy task.  Under the law there are numerous dispute resolution mechanisms which include complaints filed with the Department of Education, mediation and formal due process litigation.  Each is different and used in varying situations, but the results should always be measured by the degree a child’s educational experience is actually improved.  The fact is that most cases can and do settle.  Achieving that result requires a combination of thorough preparation, a realistic and defensible position and expert negotiation skills.
 
Winning really means empowering and guiding parents to continue the advocacy for their children.  In special education cases, victory is not really about a winner and loser that leave the dispute just waiting for the next round.   It means resolving a dispute with a viable result that builds in sustainable cooperation between parents and teachers.

POOR SCHOOL DISTRICTS ARE THE BIG LOSERS IN THE VIRGINIA BUDGET CUTS

When all is said and done, at-risk children in Virginia’s poorest school districts are the big losers.  We are now fully entrenched in “opportunity by geography”.  In his recent column in the Washington Post, Robert McCartney notes that through the budget cuts “Richmond stood to lose $587 per pupil (nearly 10%) while Fairfax was to gain $173 per student” under the proposed House of Delegates plan.  No matter what the final numbers are, the state’s urban and rural school districts will suffer the most.  Within these districts, poor children from at-risk families can be easily lost.
 
In addition to basic housing and food, education may be the single most important factor contributing to a person’s ability to function in our society.  Our leaders keep telling us how our citizens need to do “more with less”.  Well, for poor children we are in a situation where we need to do “more with far less than adequate”.

By the time you read this posting, the Virginia General Assembly will have finished its dismal task with the budget.  We need to look forward to creative and aggressive advocacy strategies to defend the legal and social entitlements of the poor and disabled.  In spite of the current climate of apparent insensitivity by government leadership for the most vulnerable citizens, there is hope.   In its history, Virginia has also seen times of courageous leadership that transcends personal political gain for the common good.  The fight for basic civil and education rights will now go right back to the neighborhoods, school districts and court houses where it often starts and ends for children at risk. 

VIRGINIA DEPARTMENT OF EDUCATION PUBLISHES PARENTS GUIDE TO SPECIAL EDUCATION ONLINE

The Virginia Department of Education has recently posted a new publication for parents regarding rights and procedures for special education.  The Parents Guide to Special Education is an extremely useful guide to help parents understand the responsibilities of the school and the parents, the timelines for compliance and due process remedies. The current revised document is in English, but the Spanish version should be posted soon.
 
We are always looking for new resources that help parents participate as active collaborators in their children’s education.  This recent publication from the DOE is very welcome.