FAPE: SPECIAL EDUCATION ACCOUNTABILITY

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Tabitha:  Why are kids held accountable but not educators for breaking IDEA, FAPE, discrimination and other educational violations. People in poverty cant afford big time lawyers and others say no money to be made.   So why do kids get violated while adults are not accountable?

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Technically, educators can be held accountable in ways other than due process hearings. This can be done through a complaint to the state education agency, or Office of Civil Rights or mediation. Educators have a code of ethics that they are to follow. Charges can be brought against them for violating the code. You do not need an attorney to bring charges against them. In some states a parent or advocate can handle a hearing rather than an attorney In some states the burden of proof that FAPE was provided is on the school rather than the parent. These parents have a real advantage over parents in other states.

Chuck, in which states is the burden of proof for FAPE on the school and not the parents?

Connecticut, NJ, NY, NV, ?Maryland? There are some others, but I cannot find names. The Supreme Court ruled that burden of proof was on the plaintiff, unless state passed law putting burden on school. So some states like Maryland are trying to pass such a law. For more info google, special ed due process hearing burden of proof.

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