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?
My grandson has ADHD and is on medication and doing well in school because he goes to the resource room for study hall. The teacher and the aides help him with his homework. I had a 504 meeting today and the principal said he couldn’t have the study hall because he gets to good of grades. I said that is because of the help he gets in study hall. In class he gets help from other students. He struggles with reading and comprehension along with math. I asked for him to continue with study hall and to be able to take his tests in there because there are so many distractions in the class. It didn’t get resolved because there was an emergency at school and they told me to come back later and sign the papers. I point blank asked if she was going to pull him from study hall.
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.