In Practice, IDEA Remedies May Not Be Available To All

15th January, 2015

[Source:  Disability Scoop]
ideadesks

Family income appears to be a major factor influencing whether parents will seek mediation or due process in special education disputes with their child’s school district.

A nationwide survey of over 500 parents with children on the autism spectrum finds that families earning more than $100,000 a year are significantly more likely to pursue litigation compared to those with incomes that are half that level.

The findings published recently in the Journal of Autism and Developmental Disorders may point to fundamental inequities in the special education process, researchers said.

“That’s a huge problem, to see that parents who come from low-income backgrounds have less access to these safeguards,” said Meghan Burke of the University of Illinois who conducted the research. “Due process and mediation are definitely last resorts for parents and schools to resolve their differences, but you want it to be an equitable resort. The playing field needs to be leveled so that lower-income families have access to pro bono and sliding-scale attorneys who can help them file, if that’s something that they need to do.”

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