Washington Lawyer - September/October 2024 - 28

FEATURE
IDEA in Action
Charles is a third grader with
autism in a self-contained class
for students with communication
challenges. While he has
always had an individualized
education program (IEP), he
is not making progress. His
mother worries that he won't
learn to effectively communicate
and will be extremely
limited in what he can achieve
in life.
School is challenging for all
children. They need to learn
the basics of reading, writing,
math, and the entire range of
subjects to prepare them for
academic challenges and for
adult life. But children with disabilities
may also have extra
needs by virtue of those disabilities.
And these children, if
their needs are unmet, might
not be able to access the education
they require - and are
entitled to by law.
ADVOCATING FOR SPECIAL EDUCATION
By William B. Jaffe
B
rianna, who is in the first grade, cannot meet
grade-level expectations and is falling further
and further behind. Her teacher states that
Brianna, while bright, friendly, and sweet, is
" all over the place. " She cannot sit still and listen. She
is impulsive and has occasionally attempted to run
out of the classroom, or even out of the building and
into traffic.
Unable to pass several subjects or demonstrate what she knows, Brianna
is in danger of being held back. Her parents know that something is very
wrong but don't know what it is - or what to do about it. The school
has disciplined Brianna on several occasions, but it hasn't suggested that
Brianna be evaluated to determine whether she has a disability that is
impeding her learning.
28 WASHINGTON LAWYER
* SEPTEMBER/OCTOBER 2024
The demand for specialized
instruction is substantial.
According to recent data from
the Pew Research Center, 15
percent of K-12 students enrolled
in public schools nationwide
in 2021-2022 - or about
7.3 million students - have
some form of disability. In D.C. public schools, approximately 15 percent
of students received some form of special instruction during the 2022-
2023 school year.
Unfortunately, according to the Pew report, many school districts report
that it is difficult to hire special education instructors, a problem exacerbated
by the pandemic. Studies by education associations note that the
pandemic had another effect: It drew attention to schools' processes for
determining each student's needs, and then making an effective plan.
Given the challenges and stakes involved, how can attorneys best advise
clients looking to get the best education for their children?
LEGAL BASIS FOR SPECIALIZED EDUCATION
To ensure equal rights for students with special needs, Congress passed
the Education for All Handicapped Children Act in 1975. The law was
reauthorized in 1990 as the Individuals With Disabilities Education Act
(IDEA). Significant guidance is also provided by the U.S. Department of
Education.
Last reauthorized in 2004, IDEA was designed to guarantee that children
with disabilities have access to education that meets their particular circumstances.
The law requires public school districts to provide a free,
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Washington Lawyer - September/October 2024

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