Dueprocess

Facilitated IEPs and Due Process Reform 2024-25

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    Before FAPE -- Federal action in the 1950s and 1960s

    1958 -- Captioned Films Act
    1959 -- Training of Professional Personnel Act
    1961 -- Teachers of the Deaf Act
    1963 -- Mental Retardation Facilities and Community Mental Health Centers Construction Act
    1965 -- Elementary and Secondary Education Act and State Schools Act
    1968 -- Handicapped Children’s Early Education Assistance Act
  • Pennsylvania Association for Retarded Citizens v. Commonwealth

    First right to education act in the nation. Overturned Pennsylvania State law. State agreed to provide free education for mentally retarded (intellectually disabled) children. Provided the judicial foundation for what became the Education for All Handicapped Children Act of 1975.
  • Mills v. Board of Education of the District of Columbia

    U.S. District Court ruled that students with disabilities are entitled to an education and that education cannot be denied based upon the additional costs for the school to accommodate those students.
  • Education for All Handicapped Children Act (EHA)

    Children with disabilities are entitled to a free appropriate public education (FAPE) which includes services to meet their individual needs. Protected the rights of students with disabilities and their parents. Provide assistance for states and local systems in the education of children with disabilities and assess processes for effectiveness.
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    First Generation

    By the 1976-77 school year, over 3.6 million students (age 3-21) received services under the EHA
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    Renewal and Change

    1986 -- EHA Reauthorization -- Mandated that states provide services to children with disabilities from birth. Previous law had required services begin at the age of 3. 1990 -- Individuals with Disabilities Education Act (IDEA) -- Reauthorization and rebranding of EHA. Added TBI and Autism as disability categories. Mandated that a transition program be included in IEPs to assist with post-secondary transition from school to world of work.
  • Due Process in the Law

    1997 -- IDEA Reauthorization -- Provided parents with a remedy to resolve disputes with schools and Local Education Administrations and outlined process for adjudication.
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    Due Process Adjudications 2000-2013

    Per 1,000 special education students, 2.6 due process requests are filed. SOLUTION WITHOUT A PROBLEM?!?!
  • CADRE Founded

    CADRE Founded

    Center for Appropriate Dispute Resolution in Special Education (CADRE) founded to support state agencies, local education administrations, and parents to prevent and resolve disputes and create more equitable systems of dispute resolution.
  • 2023 -- Where are we??

    Over 66% of Special Education students come from households making less than 50K per year. According to the National Special Education Advocacy Institute (NSEAI), legal fees from Due Process hearings can exceed 75K for families. Congress still does not fully fund Special Education
  • Perez v. Sturgis

    Supreme Court rules that students and parents whose rights to FAPE have been violated or denied may seek compensatory damages under the Americans with Disabilities Act since IDEA offers no such remedy.
  • Fall 2024

    Knox County Schools will: -- Hire or contract with 10 CADRE trained and approved IEP facilitators as part of a pilot program paid for with state funds.
    -- Facilitators will be allowed to observe and monitor practices in schools to assist and collaborate all stakeholders to build more effective practices in IEP design to ensure that services provided to students can be maximized to full potential. -- Contract with Legal Aid to provide low cost legal representation for qualified families.
  • Fall 2025

    Facilitated IEP program spreads to Shelby (Memphis), Davidson (Nashville), and Hamilton (Chattanooga) County Schools. Goal is to be statewide by Fall 2028