Newswise — Miscommunication, confusion and staying abreast of the law: they’re among common legal mistakes that school administrators can make in serving students with special needs, says Janet Decker, a University of Cincinnati assistant professor in UC’s Educational Leadership Program.
Decker has offered professional development for educators across the nation. Her research and publications focus on legal and policy issues related to special education, charter schools and technology.
Decker says special education lawsuits are the most prevalent types of lawsuits faced by school administrators. She outlines the top 10 special education legal mistakes commonly made by administrators:
1. Confusion about disciplining students with disabilities under the Individuals with Disabilities Education Act (IDEA).2. Confusion about disciplining students with disabilities under Section 504 of the Rehabilitation Act of 1973.3. While focusing primarily on federal statutes, they need to stay abreast of evolving case law and regulations.4. They educate themselves about special education law, but fail to adequately educate staff.5. They may feel that they do not need to provide the “best” education for students with disabilities under the law, but determining what is “appropriate,” as the law states, is often a subjective standard.6. They can fail to foster positive working relationships with parents of special education students.7. They can overlook the importance of quality programming, instruction and highly qualified teachers.8. They fail to document data-based instruction as required by law.9. There can be closed-mindedness about seeking outside expertise and evaluation.10. There may be a breakdown in communication between the special education administrators and school principals.
Decker is a former special education teacher who earned her Juris doctor and PhD in education leadership and policy studies.
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