Research Lead: Kathleen Noonan, JD
Background
The Individuals with Disabilities Education Act (IDEA), passed in 1990 is the foremost legal mandate that shapes the provision of special education in the United States. Hallmarks of IDEA are that services should be individualized to the student, developed with a multi-disciplinary team that includes the parent, reviewed regularly to ensure that they continue to be appropriate, and provided in the least restrictive environment possible. In the 2007/08 academic year, more than 6.6 million children were served in the special education system, comprising about 13% of school children in the United States. Some advocates have suggested that children get, not what they need, but what their parents negotiate. Exacerbating the challenge of providing appropriate services is the fact that Congress has never fully funded IDEA, appropriating only 17-20% of the original budget.Given this uncertain atmosphere, it is not surprising that many class action suits have been brought in federal courts, claiming that local and state education agencies fail to meet IDEA requirements.
Aims
- To examine the extent to which class action lawsuit consent decrees in disability education law advance best practice
- To examine how new consent decrees can better incorporate emerging knowledge in the area of educating children with disabilities
Methods
Study Design: Analysis of class action lawsuit consent decrees in disability education law in ten largest cities from 1990 to 2009. Sample consisted of all cases filed in federal courts concerning special education in public schools during that period.
Progress
Analysis is ongoing.
