A resolution that would deregulate special education programs has already passed the House of Representatives and will come before the Senate any day now. According to Disability Scoop, opponents of the resolution argue that rescinding the Obama-era regulations would reduce the accountability of school districts to accommodate the needs of children with disabilities.
The resolution would remove the rules that govern the implementation of the Every Student Succeeds Act. Enacted in 2015, the ESSA is a bipartisan revision of No Child Left Behind. ESSA established accountability requirements to ensure that all students with disabilities have the same educational opportunities as other children.
If your child has special needs and you believe that his or her school or school district has not provided reasonable accommodations, contact the Law Office of Stuart M. Nachbar. Mr. Nachbar will evaluate your situation, answer your questions, and help you enforce your child’s rights. Call 973-567-0954 today to schedule a consultation with a special needs attorney in New Jersey.
Proposed Resolution Would Give States More Leeway to Interpret ESSA
Without the accountability regulations of the ESSA, states would have more freedom when interpreting the law. Critics of the resolution argue that this will inevitably reduce the quality of education programs for children with disabilities because states and school districts may construe the law to cut costs.
According to the current regulations, accountability reports must be filed if there are a specific number of students in a subgroup. Also, students who “consistently” underperform must be identified, but the resolution would remove the regulation that defines what “consistently” means.
Technically, there are no changes to ESSA, but the removal of the implementation regulations could have a profound effect on the quality of special education programs. States would be required to develop their own accountability systems; however, any weakness in these systems could compromise the integrity of the program.
Advocacy Groups Are Urging Members to Pressure Senators to Oppose the Resolution
Several advocacy groups including the Council for Exceptional Children, the National Down Syndrome Society, and the National Disability Rights Network have voiced their disagreements with the resolution. They have asked their members to reach out to senators and request that they oppose the resolution.
Supporters of the resolution argue that the Obama-era regulations were overreaching, and the proposed resolution would give the power back to states and school districts. If the Senate approves the resolution, this would be the first time that the U.S. Congress has rescinded an education regulation. President Trump has already indicated that he would sign the resolution.
Whether or not the resolution passes, every child in the United States has a right to equal education opportunities. If your child has been deprived of fair education, contact the Law Office of Stuart M. Nachbar.
Mr. Nachbar is a special needs lawyer in New Jersey who has extensive experience representing families with special needs and disabilities. Call 973-567-0954 today to schedule a consultation.