Monday, March 21, 2016

New Article Refuting the Assertion There Are Too Many Due Process Cases


Despite this limited success, or perhaps because of it, organizations representing school boards have recently launched a new attack on special education. They are now attempting to convince Congress to dilute or eliminate the right of parents to bring a due process hearing before an impartial hearing officer to challenge the appropriateness of an education program offered to a child with disabilities. In April 2013, AASA, the School Superintendents Association, issued a paper entitled “Rethinking Special Education Due Process.”6

COPAA members Joe Tulman, Andy Feinstein, and incoming Chair of the Board Michele Kule Korgood recently published a law review, that grew out of the work of the COPAA Amicus Committee, establishing that contrary to assertions of some critics, the rate of due process complaints and hearings is relatively low. The already low national rate of about 2.6 complaints per 1,000 students lowers by half without the three outlier jurisdictions.

Tulman, Joseph, B., Feinstien, Andrew A., Kule-Korgood, Michele. Are There Too Many Due Process Cases? An Examination of Jurisdictions With Relatively High Rates of Special Education Hearings (Spring, 2015)  University of the District of Columbia Law Review David A. Clark School of Law, Volume 18, Number 2. 

Available here.

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