Special Education Law Blog

Naperville, Illinois Teacher Injured in Classroom Sues District

Paula Jackson, a special education teacher in Naperville , Illinois is suing her school district because of physical and emotional injuries she suffered during an altercation with a 4th grade student with special needs. This story is unfortunate no matter the perspective. Any time staff  a teacher is injured while working with a student my sympathies go out to the teacher. However, even from the small description of the case in the news story that the student had serious behaviors on a frequent basis suggests to me that his IEP was likely not appropriate and the system failed both the student and the teacher. The incident where the teacher was injured she was removing a chair from his hands after he was in a full blown tantrum. I do not know if there was a behavior plan or whether the teacher has crisis intervention training. In my experience generally (and not in specific regarding this district) is that she likely did not have adequate training, the staffing may have been insufficient and and the plan lacking or altogether non-existent.  In those instances where staff is injured lack of training, staffing or planning (or all three) are a prime cause or factor. There is a large body of information as to how to address behavioral issues in school that need to be employed, so that staff and student are not injured, and teachers are able to teach and students are able to learn.

Majority of Due Process Cases Resolved Without Hearing

A recent study from CADRE, a federally-funded organization that studies and trains interested parties in dispute resolution in special education cases, found that 80% of due process cases that were filed resolved through mediation, resolution sessions or other informal means. State by state data on resolution of disputes is available here.

This report is totally consistent with my experiences and supports several of my long held beliefs and refutes myths about parents, their attorneys and the system:

• the prevailing wisdom in some circles is that money hungry attorneys are driving numerous cases to hearing to recover large sums from school districts. In the wake of recent court decisions (in most states), there is no fee-shifting when a case settles pre-hearing. The findings of this report flat out rebut any notion that fee hungry parents' attorneys are driving the system out of control;
• another popular view is that parents are unreasonable and file due process without a valid claim. The simple fact is that without a valid claim the majority of cases would not settle to the degree described in this report.  It is a fair inference that the vast majority of due process claims are valid with at least a colorable basis that lead the parties to settle;
• schools are being swamped and tied up in hours of unnecessary hearings. Obviously this belief is not founded since most cases are not even going to hearing.

The simple reality is that parents file due process in incredibly small numbers relative to the violations of the law that occur systematically and frequently. The reason for the small number of filings are numerous among them are a deep-seated need and desire to work with the school, limited personal resources which are already taxed when raising a child with special needs, and the enormous disparity of know-how and expertise that schools have relative to parents.   Schools need to stop complaining of parents' imaginary abuses of the due process system and stick to the facts.

Large Genetic Study for Basis for CP is Underway

The amount of research or advances as to the understanding of the causes and remedies for Cerebral Palsey ("CP") has been pathetically little. Most treatment consist of surgery or bracing which have been around for decades without much change in technique or success rates. Other than the baclofen pump  and botox (yes it  is used for things other than wrinkles) there have been few new medical avenues to address the spasticity that children and adults with CP often face. There is some hope on the horizon, however,  with a large genetic study about to begin as to the possible genetic basis for this disabling condition.