Urban Legends in Special Education #1

From the beginning of my involvement in education as a professional 32 years ago, I have frequently heard of the vast number of parents who have filed lawsuits against school districts that have drained significant amounts of funds from already poorly funded public schools. Since starting my graduate work in special education in 2002, the discussion of this significant problem facing special education in the United States was all around me.

I heard it discussed by professors and students in practically every class I took in my Moderate to Severe Credential and Masters classes. When I started working a special ed classroom, it was discussed or mentioned in many staff meetings and inservices. Now that I am a special education professor in a large private university, I see references to this problem in many texts that I teach from. And, teacher candidates in intern and tenure position, bring this topic up frequently.

As I pondered this issue while teaching legal issues in special ed class, I began to wonder as to the real incidence of these due process cases and lawsuits. Since many administrators, professors, authors, and teacher candidates spoke with such authority as to the vast problem this issue was, I began to ask questions when I heard these statements.

I asked whether they had been taken to due process or court for an educational issue. Not one person had. Then I asked I they had heard of any one who had. No, not in their personal experience, although several could name situations they had heard of in classes or from school district personnel. All these individuals could say is that they knew that it was a big problem. How do you know? Because my district said so.

I brought this up to a colleague at a special ed staff meeting at the university. He responded that he had been really interested in the subject and had written his doctoral dissertation on it.

Here are the facts:

• In the United States, out of families representing 10,000 students, only 4 families had ever filed a lawsuit against a school district.
• In the United States, out of families representing 10,000 students, only 7 families had ever taken a school district to due process or mediation.

So, what is it? Are parents creating a significant problem for special education in the United States by suing school districts and/or demanding unneeded services or assistive technology

or is it......

an urban legend that is constantly perpetuated by public school districts to intimidate teachers and parents, and to avoid providing services many with disabilities desparately need?

Please respond!