Special education is “a litigious mess,” writes lawyer Chris Borreca in The Atlantic. When IDEA, the disability rights law, is reauthorized, Congress should adopt a dispute resolution system using specialist courts, he suggests.
A threshold requirement of mandatory mediation before a lawsuit may be filed could be added. A reasonable cap on attorney fees should be explored. Clarity of the very legal rights described should be added to the statute itself.
In other words, a degree of common sense added to the entire system — with an emphasis on services received rather than an unending amount of due process provided for every alleged wrongdoing — would go a long way toward serving the original intent of the law.
Miriam K. Freedman, also a lawyer, tackles reforming special ed in the University of Chicago Law Review.
The current system favors wealthy parents, writes Dr. Manhattan, who likes Romney’s plan to make federal disability dollars follow the student.