Saturday, February 16, 2008

Some States Shift IEP Burden of Proof to School Districts

At Education Week...

New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate.

The state’s action, which follows a similar move by New York state in August, is considered a success by parents and advocacy groups interested in chipping away at the public-policy change made by a 2005 U.S. Supreme Court decision on the issue.

Read more HERE


Cowboy said...

It's about time.
When doctors and educational psychologists perform expensive testing, yet a bunch of local yokals buck against that, something has to be done.

These people are getting paid on the public's watch. If the county refuses to adhere to what has been medically found and authorized by experts, who the heck are these people to refuse to provide the educational resources to give a child the best education that the taxpayer's money can buy?

Anonymous said...

Cowboy, Do you have anything positive to say about public school systems anywhere?

If parents are making accusations that services are inadequate then they should have the burden of proving that is the case. Why should school systems have to shouder the burden of proof?

Absolutely, schools are legally (and morally) bound to provide the services special needs children need, however in every court in America the accuser has the burden of proof. Why should it be different in this case?

Cowboy said...

An IEP and 504 plan are pretty specific. Since Richmond's ridiculous policy is to allow parents a paultry (2) 45 minute observations per quarter, it would be hard for a parent to prove anything, and they certainly couldn't gather any evidence. :)
Exactly how long has the current person in charge of Special Education been in that office?
Simply put, the county has to follow an IEP or 504 plan, and if they don't they need to feel a parent's wrath. People don't pay for psychiatrists, psychologists, testing, etc to have it trampled on by a local school system.

About this school system, no, there aren't that many positive things to say. Excessive spending,too many teachers of teachers of teachers, specialist this, specialist that, teachers being hired that get out of the classroom to get a "specialized" position, low AP scores, average SAT scores, and a record number of graduates taking remedial classes at the local community college doesn't paint a good picture.

Guidelines should HAVE to be followed, not have the parents prove the schools are following the guidelines.
The only people happy about the poor education being received by our deserving children is CSM, the administrator of more remedial classes than Carter and his Liver Pills.

Yes, Fairfax and Montgomery Counties have some good schools.