Due process cases often pit families and schools against each other, instead of being partners in improving special education, critics say
The law says public schools must give students with disabilities the services that meet their individual needs, but parents and districts often disagree on what those services should be or whether a student needs services at all.by paying parents and lawyers millions of dollars in what are called due process cases. The number of due process cases has climbed in recent years, tapping into school districts’ already tight budgets.
But critics say due process can be legally intimidating and time-consuming, and it often sets families and school districts against each other as adversaries, rather than partners. Just because a school district settles a case doesn’t mean the district is admitting that it failed to provide services. Her son, Diego, has dyslexia and dysgraphia — a disability that affects writing — and other challenges.
“The parents get blamed for the legal fees when, in actuality, the district is choosing to fight them so much that it’s costing everybody. The general public doesn’t fully realize that this is the only way that we can create change and get what our kids need.”“We agree that many students with dyslexia were struggling in the Poway Unified School District; however, we have made a concerted effort in the last 12 months to address this concern,” officials said.
Still, Lazaro said, it wasn’t until she moved Diego to the private school that, for the first time, he began looking forward to school and now sees“The parents get blamed for the legal fees when, in actuality, the district is choosing to fight them so much that it’s costing everybody,” Lazaro said. “The general public doesn’t fully realize that this is the only way that we can create change and get what our kids need.
“We always say students with disabilities are kind of the last class to be desegregated,” Ott said, “and we want to be sure we give access to quality instruction to all our kids.” At the same time, districts are not allowed to say that they can’t provide proper services for a student with disabilities because they lack money or staff. Federal law says every student with disabilities must receive individualized, personalized services depending on their needs.
“By not being able to provide all the services a student needs, the district is forcing us to be in a relationship with parents that is no longer a partnership and is hostile in many ways, which is stressful,” Finegan said. for certain special education teachers and promised to pay stipends to teachers when their caseloads exceed the cap.
There is one special education teacher for students with mild-to-moderate disabilities and one full-time aide for all the school’s transitional kindergarten through second-grade students, meaning it’s likely at least one student is not getting the full aide support required by their IEP, Finegan said.
Carrie Holliday and her son Oliver pose for photos on September 13, 2019 in San Diego, California. Their family has had to resort to Due Process as an avenue to legally fight for special education services in the school system they feel Oliver is missing.San Diego Unified is increasing special education training for school staff, Ott said.
Carrie Holliday, a parent of a Poway student with autism and bipolar disorder, used alternative dispute resolution to get her son, Oliver, his current special education placement.
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