Disabled Education: A Critical Analysis of the Individuals with Disabilities Education Act

By Ruth Colker | Go to book overview

8
Ohio

U.S. Supreme Court cases tell only a small part of the story of what it means for parents to challenge IEPs through the hearing officer system. Few parents and their children make it to that level of the litigation process. The IDEA creates cumbersome administrative procedures that parents must navigate before they can even file a complaint. This chapter and the following four report hearing officer results from the early stages of the litigation process. They will demonstrate the difficulties that parents have in using that process and how unlikely they are to succeed, especially if they do not have a lawyer.

Before proceeding, it would be helpful to have an overall sense of how the hearing process operates. Parents and school districts sometimes disagree about whether a child should be identified as disabled or whether the educational plan is sufficiently individualized or appropriate. When disagreements occur, a parent can invoke a series of procedural protections.

Typically, the parent will express his or her disagreement at the eligibility meeting or at the IEP meeting by refusing to sign the document proposed by the school district. When the school district learns of the parent’s disagreement with these conclusions, it must then provide the parent with an explanation for why it took that position in a document that the statute calls “written prior notice.”1 Upon receiving that information, the parent may decide to challenge the school district’s recommendation by filing what is called a due process complaint.

-137-

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Disabled Education: A Critical Analysis of the Individuals with Disabilities Education Act
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Abbreviations ix
  • Acknowledgments xi
  • 1- Introduction 1
  • 2- The Education for All Handicapped Children Act- Historical Evolution 17
  • 3- Amy Rowley 45
  • 4- Michael Panico 65
  • 5- Post-1975 Amendments 81
  • 6- Brian Schaffer 109
  • 7- Joseph Murphy 125
  • 8- Ohio 137
  • 9- Florida 153
  • 10- New Jersey 169
  • 11- California 183
  • 12- District of Columbia 207
  • 13- The Learning Disability Mess 217
  • 14- A New Beginning 239
  • Notes 247
  • Index 277
  • About the Author 281
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