Your Child's Rights Are Only As Good As Their Enforcement

The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent provide children receiving special education numerous rights and protections.  These and other statutes, regulations, and decisions constitute special education law.  But the law is only effective if it is enforced.   To understand the implications of enforcement, speed limits provide a useful analogy. 

We all know it is against the law to drive over the posted speed limit, and yet many people continue to speed.  Admittedly, there are people who drive under or at the speed limit simply because it is the law.  Those people are few and far between.  Sometimes we speed because we honestly don't know the limit or we are not paying attention to the speedometer.  But most of us also know that if we go only a few miles per hour over the limit, we probably won't get pulled over.  We also learn what roads are speed traps and which ones are never monitored and adjust our behavior accordingly. 

School Districts are like drivers.  There are some who follow the law because it is the law.  Others are confused or ignorant about special education law, or simply overburdened with their many other responsibilities.  But then there are the school districts that know the law, and blatantly disregard it.  Why do they do this?  Because they are not being held accountable for their actions. 

So how do you as a parent enforce your child's rights?  Figure out what kind of "driver" your school district is.  If they don't know the law or were unaware of their mistake, a simple written reminder quoting the law will often solve the problem.  But sometimes, schools, like speeders, need a fine to alter their behavior.  If the school knows the law, but willfully ignores it, parents must pursue a due process hearing and hold the school accountable.  While this process can be stressful and costly, it is sometimes the only way to take this allegorical reckless driver off the road.

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