A wake-up call for schools after two lawsuits in VA
There are no specific requirements for how local school districts develop special education programs for children with autism in Virginia–even though “there are more children diagnosed with autism than any other disability,” as noted in Judging Autism: Parents of autistic children win two important lawsuits against local school systems. Is Virginia ready for the fallout? in today’s StyleWeekly.com (VA). In the past three months, U. S. District Judge Robert E. Payne ruled in favor of two Virginia families who claimed that their public school districts had not provided an appropriate education for their autistic children under IDEA. Families and school districts are now wondering what sorts of programs or new initiatives—-and funding—will it take for the public schools to develop appropriate in-district autism programs.
Payne’s rulings in favor of the Petersons and Tutwilers may give traction to other parents who are dissatisfied with their children’s special-ed programs. Still, fearing an uphill battle against a bureaucratic school system, many stop short of legal action. On this, Linda Peterson [one of the parents whose took her son’s school district to court] is resolute: “More parents need to do what we’ve done.”
Most parents don’t. They just file complaints. Yet the scene behind the cases that make headlines appears fractured. In 2005, parents made 107 formal complaints called “due process” filings on behalf of their children in special-ed programs in Virginia. Of those, parents prevailed in only two.
Suits filed on behalf of autistic children account for more special education litigation than for any other disability, notes Peter W.D. Wright, who operates Wrightslaw, a website devoted to IDEA and special education. He adds: “‘These cases should be a wake-up call for schools.’”
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