A Solution Hiding in Plain Sight: Special Education and Better Outcomes for Students with Social, Emotional and Behavioral Challenges
Citation
Yael Cannon, Michael Gregory & Julie Waterstone, A Solution Hiding in Plain Sight: Special Education and Better Outcomes for Students with Social, Emotional and Behavioral Challenges, 41 Fordham Urb. L.J. 403 (2013).Abstract
This Article will contribute to the ongoing dialogue about special education and the IDEA in two ways. First, it will describe patterns that have emerged from our work with individual children and families that shed light on how common IDEA implementation failures increase the risk of poor outcomes for students with social, emotional and behavioral challenges. Critiques of the law and proposals to amend it should be grounded in an understanding of exactly how and why it is falling short of meeting its promise to these children. Our hope is that mapping the common implementation failures we have seen in our cases will advance this understanding --- at least with respect to the particular population of students for whom we advocate ---- and will help guide the development of public policy. Second, this Article will assert that fixing these common implementation failures is a critical reform and a worthwhile investment of public time, money and attention. While proposing specific legislative remedies or strategies is beyond the scope of this Article, we will suggest some priorities for reform that appear warranted based on our work.This Article proceeds in three parts. Part I explores the poor outcomes that children with disabilities, and particularly those with social, emotional and behavioral needs, are likely to face. In Part II, the Article maps some of the key provisions of the IDEA that hold particular promise for addressing the needs of these students, but uses examples from our direct representation of clients to show how these provisions are often not fully implemented by schools and districts. Part III outlines a set of reforms to facilitate implementation at the school level of these key provisions and also addresses some critiques of special education and of IDEA expressed by those who doubt the promise the law holds for these students. We contend that full implementation of these key provisions can result in better educational outcomes for students with disabilities who experience social, emotional and behavioral challenges.
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