Article #1: Navigating Special Education Disputes: Attorneys Advise How Parents and Districts

Can Work Together to Serve Students

DeNisco contends that school districts are being taken to court through due
process hearings by parents of students with disabilities more and more. As a result,
schools are attempting to be proactive by hiring facilitators to assist in writing the
Individualized Educational Plans (IEPs). Because of the ever changing legislation to
special education laws, including the IDEA and ESEA, District Administration
interviewed two attorneys to get their take on the legal happenings in special education.
Attorney Weatherly addressed the issue of rising costs to districts by admitting the
pivotal relationship between the parent and the school. Oftentimes, the parent will take
action against the school because of a miscommunication. Attorney Steedman attributes
the actions to a lack of funds to the schools. As a result, schools look to be judicial with
the funds they do have and the parents want what is absolutely best for their child.
Attorney Weatherly thinks the most pressing issue for schools leaders will be the
issue of bullying and specifically cyber-bullying. Schools must take into account whether
the students disability had a role in the offense, and what schools can do as a result.
Attorney Steedman feels the reauthorization of ESEA will be something for school
leaders to keep an eye on. Specifically as the number of individuals diagnosed with
autism continues to rise. This will place more financial responsibility on the schools.
Weatherly and Steedman agree that the number one thing a school can do to
protect itself from expensive litigation is positive public relations. Honesty is the best
policy. School district leaders do themselves a disservice when they are not honest with
parents, says Steedman. Steedman also encourages schools to make use of in-house
council to avoid litigation.

Source:
DeNisco, A. (2013, October 1). Navigating Special Education Disputes: Attorneys Advise
How Parents and Districts Can Work Together to Serve Students. District Administration.