Did you even notice?

 Did you even notice?

Probably not.  Not likely to be on folk’s radar.  Last week, the Secretary for the federal Department of Education announced that she was seeking a way to move the Office of Special Education out of the Department of Education.  Actually she is planning to break up the office and move the pieces and parts to other federal departments.  She has been trying to do this for quite some time and then those pesky child advocates make a fuss and she backs down.

The President is getting annoyed so she is going to try again.  Why does it matter if the Office of Special Ed is no more?  During the 24-25 school year there were 370 hearings at the Maryland State Department of Education regarding the delivery of a Free Appropriate Public Education (FAPE).  The vast majority of the cases are decided in favor of the school district.  When families lose they have one of two choices.  They can appeal their case to a federal or state court.  That’s expensive and decisions can take 6-10 months.  During that time the family either pays for the education it wants for their child or the child remains  in the placement that the family found unacceptable.  Another avenue of appeal is the US Department of Education’s Office of Civil Rights.  That office is charged with ensuring that the State Departments of Education uphold the letter of the Individuals with Disabilities Education Act (IDEA).  The cost for that appeal is only time and the cost of a certified letter.

Last year over 9,000 cases involving children with disabilities were filed with the Office of Civil Rights (OCR).   The number of lawyers handling these cases at OCR has been reduced by more than half and more terminations are on the way.   Even before the huge reduction in staff, families waited months for a response.  Now with the staff reductions, over 90% of the appeals are dismissed without being heard, in favor of the school district.

Children with disabilities have legally guaranteed rights.  Who is going to enforce those rights?  Think about it, lots of folks disobey the speed limit on the beltway.  How many more would do that if there were no law enforcement?  Without law enforcement there is going to be lots of “speeding” past the rights of children with disabilities.  Might be a good idea to pay a bit more attention to what is happening at the US Department of Education and the Office of Special Education and Rehab Services.