SpedEx Consultation — A positive, innovative, and successful approach to build TRUST in special education disputes — whose time has more than come!

AMAZINGLY (to me, at least), the federal special education law, the Individuals with Disabilities Education Act (the IDEA), does not mention TRUST. Instead of focusing on building TRUST between parents and schools regarding the educational needs of students with disabilities, the law focuses (too much, in my view) on procedures, parent rights, and school responsibilities.

Over the many years that I represented public schools as a school attorney, I’ve come to believe that one of the damaging effects of the IDEA has been the loss of TRUST between school and home, in spite of its best goals and intentions.

For example, teachers need to spend an inordinate amount of time and effort on procedures — practicing defensive education, lest a dispute blow up into a litigation. Parents who wish to nourish and help their children thrive, instead, need to study the law to fight against the very teachers and schools whose mission is to educate their child. Too often, the law’s adversarial approach to resolving disputes, damages relationships instead.

And, let’s not forget that the very next day after a hearing, teachers have to work with the child and parents. The system takes an emotional toll on staff and parents. To often disputes are about money and are not child-focused. Incentives are wrong.