Special Ed Corner: Reducing Lawsuits May Mean Focusing on Certain States, Not IDEA
[Source: Education Week]
The fear of special education lawsuits has, over the years, prompted many organizations to suggest changes for the Individuals with Disabilities Education Act.
But a recent study of special education-related court decisions suggests that reducing lawsuits may be a matter of focusing on a handful of states where most of them are filed—not the 40-year-old law itself.
Ten states are responsible for two-thirds of the IDEA court decisions made between 1979 and 2013, according to “Frequency Trends of Court Decisions Under the Individuals with Disabilities Education Act,” a paper recently published in the Journal of Special Education Leadership. They are, in order of frequency of court decisions, New York, Pennsylvania, D.C., California, Illinois, New Jersey, Hawaii, Texas, Connecticut, and Virginia.
The study also looked at the court cases per capita, as this chart shows. The lineup of top states using that metric is slightly different, though some jurisdictions, such as D.C., Hawaii, and New York, show up as “active” states using both calculations.
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