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Special Education Law and Advocacy

Experienced Special Education Attorneys

Where Do Your Candidates Stand On Special Education ?

With mid-term elections set for later this week, there is a lot of cliche verbiage about being "for education". Unfortunately, "education"  for most candidates has little if anything to do with special education.  There are a vast number of families in this country who have a child, grandchild, niece/nephew or other relation with special needs. The problem is unlike other voting blocs we do not consistently vote our interests in elections, nor we even query candidates as where they stand on issues which effect our interests.  I dream of a time when issues relating to special education will be on the political agenda on a regular basis, just as other recognized issues such as gun control, taxes, race, foreign policy and crime.  If we as a community commanded the political respect that the elderly have achieved, the state of special education would look a lot different. It starts with identifying openly and repeatedly what our political priorities should be and then pressing them at all levels of elections. The following are some of my thoughts on political priorities:

  • Where does the candidate stand on full funding for IDEA. Over the years there has been a lot of words devoted to this issue but never full funding;
  • Where does the candidate stand on the dismal state of post-public school job opportunities for the disabled. The stark reality is that 65% of people with disabilities are unemployed or underemployed.  If the unemployment rate for any other group in society was anything close to such numbers it would be a national scandal.  Special education and IEPs are not an ends in of themselves they are a means to and end–as defined in the IDEIA to a productive life in society.  The realities fall far short and have for many years;
  • Would the candidate support legislation for parents’ full and fair access to justice under IDEIA that has been undermined in decisions such as Shaffer (burden of proof), Buchannon (no fee shifting without a litigated victory), and Arlington Central (no award of attorney’s fees even parent’s prevail).  All of these wrong-headed decisions could be reversed in Congress or even at the State level.

We must put at least these three issues on the political agenda in all elections and press them consistently until they are accomplished.  We must vote our interests !  Few interests are more vital than those issues that effect the future well being of our children.  Do you know where Congressperson stands on   these issues ? If not, it is not too late to call/email his or her office and find out, and then vote accordingly.

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