Rethinking Special Education Due Process

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In today’s society, children with disability attend the same schools together with the children without disability. However, this was not the case some years back. Initially, a parent would stay with his or her child with disability at home, or the parent would pay for expensive private education for the children. This was about to change when parents formed advocacy groups to advocate for change. The group aimed at promoting educational needs for children that are handicapped in the mid-20th Century.

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Around 1961, President J.F Kennedy came up with president’s panel on mental retardation (Yell, Rogers & Rogers, (1998). The motive of the group was motivated when Lyndon B. James signed an act in 1965 on Elementary and secondary education (Skiba et al, 2008). The act was able to fund children with disability in their primary education. With the group pushing for more changes, it led to the formation of other legislations which made sure that children with disability were able to stay with their counterparts children without disability. From the highlighted discussion, the following essay seeks to discuss various aspects related to history of special education as well as an evaluation of how the history impacted purpose and structure of IDEA.

Summary of AASA IDEA Proposal: Rethinking Special Education due Process

The proposal addresses issues related to the current statute on top of the anticipated developments. The proposal ideally focusses on sparking a crucial evaluation of on the essential changes that are supposed to be done in special education on dispute resolution system (Pudelski, 2013).

The main suggestion of the proposal lies on the changes in the special education system that is in operation would lessen costs related with the system. The costs have negative influence on the education gains the students would accumulate from the special education system. The proposal goes further to safeguard the right for the guardians to move on with proceedings against any disagreements arising from any un-authorizations. The proposal indicates that it is an appropriate time to re-evaluate what parents decide on disagreements over a student.

The proposal recommends that members’ congress should reconsider and come up with discussion highlighted in the AASA proposal (Pudelski, 2013). The proposal goes further to propose that if the mediation fails, parents have a choice to choose an independent consult in special education as authorized by the state to evaluate evidence of disability of a child and give a recommendation to the parties to develop appropriate IEP.

Special Education Law History

Various legislation have enabled students with disabilities to attend public school whereby they are able to study together with children without disabilities. The legislation began in the early 1960s under President J.F Kennedy. By 1970, there were about 20% of the children with disability in public school (Winzer, 1993). By now, there are over 95% children with disability attending public school. The significant increase can be attributed from the rapid contribution from promoters of education rights who pushed for a law to be enacted which would ensure that children who are handicapped are given their right to have proper education. The advocates pushed the government to come up with a way to which students who had various disabilities are enrolled in every public school. To ensure the above recommendation was passed, the American classrooms were restructured, and it ensured more disabled children enrolled in public school (Winzer, 1993).

There were several rulings which supported the acceptance of children with various incapacities into the schools with students without disability. Some of crucial rulings include the Board of education vs. Mills which was a judicial ruling enabled the children with disability to be in the same public school together with those with no disability. By 1975, the advocates of the civil and education rights enabled a law to be enacted. The law was known as the EAHC act which gaverights to kids considered as handicapped. As a consequences of the law, parents of handicapped children were able to ask for special education for child in public school. These laws have enabled scholars with a disability to have their education rights similar to students without disabilities.

Positive and negative effects of eradicating due process hearings on the current structure of IDEA

Eliminating due process hearings on the IDEA structure will have both the negative and positive impacts. One of the considerations that will have a significant impact is the issue of cost. In particular, cost acts as one of the most important factors which should be evaluated when eradicating the due process. When the due process is eradicated from the, it will lessen the cost of requests from the parents. Another factor which will have a critical impact is an emotional burden. When the due process is eliminated, it will lessen the stress usually experienced by management and teachers of special education. In relation to positive effects, it will lessen the cost in parents’ perspective. Also, eliminating the due process hearing will lessen the stress associated due process hearing. Alternatives concepts that special education leaders may consider

There are several options and concepts which leaders within special education may reconsider. Due to the increasing trend whereby the teachers are misusing systems within special education, there is a need for special education leaders to evaluate how they can cease this trend. In this regard, they can develop a plan which can ensure that the teachers are using special education system in the recommended way. This can be done by assigning teacher assistants to ensure that the trend is remedied (Giangreco, 2010).

Another alternative which the leaders in special education can undertake relates to how resources are allocated. In this case, special education teachers should undertake a rigorous effort to ascertain that there is a balance between teacher assistant and the teachers in special education. Also, the leaders in special education may come up with a strategy of combining both the special educator and teacher assistant and ensuring that they are working in the same classroom. The system can cause overdependence on teachers assistant (Giangreco, 2010).

To reverse this, the leaders may opt to build teachers capacity. This ensures that teacher assistant ceases misusing special education system. Moreover, special education leaders may consider the strategy of incorporating peer support. This will act as a natural way of promoting and helping children with disability. If the special education leaders implement the above strategic plans, the students will feel more independent, and there will be an increased support from other children without disability.


Pudelski, S. (2013). Rethinking special education due process.? Alexandria, VA: American Association of School Administrators.

Skiba, R. J., Simmons, A. B., Ritter, S., Gibb, A. C., Rausch, M. K., Cuadrado, J., & Chung, C. G. (2008). Achieving equity in special education: History, status, and current challenges.? Exceptional Children,? 74(3), 264-288.

Yell, M. L., Rogers, D., & Rogers, E. L. (1998). The legal history of special education: What a long, strange trip it’s been!.? Remedial and Special Education,? 19(4), 219-228.

Winzer, M. A. (1993).? The history of special education: From isolation to integration. Gallaudet University

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Rethinking Special Education Due Process. (2019, Mar 09). Retrieved from