I have several friends with children who have special educational needs. One family in particular has spent the last two years fighting with their son's school system over the development and implementation of his educational plan. The school needs this plan in place so that this six-year old boy can receive the level of educational services that he not only needs, but is entitled to under the law. His family has spent thousands of dollars for an advocate and a team of specialists to work with the school system's special education administrators but to little avail. These administrators have confounded the family with a cycle of unprofessional behavior, negligence, and simple stonewalling as a means of masking what appears to be gross incompetence. Despite the family's efforts to delicately navigate the intricate channels of the school system, educational law, and the myriad of specialists, and even entering mediation, late in 2003 they had reached what seemed to be a breaking point. Without agreement on an educational plan, the parties were deadlocked and this bright-eyed, young boy's education seemed destined to be the subject of a protracted legal battles. Then, in January of this year, in a somewhat miraculous event, they had a breakthrough and finally began making progress on his plan. While this glimmer of hope hasn't led to complete resolution, the mediation seems to be helping the process and progress is being made.
My reason for describing this situation is that about a week ago I heard from the child's mother about her concern over a pending piece of legislation in the U.S. Senate: S.1248, Individuals with Disabilities Education Act. Several of the provisions in this bill's current form have her absolutely livid, the two most relevant to her case are one, setting a statute of limitations on legal action that a family can take against a school system when they are dissatisfied with the services being offered; and two, preventing families who successfully sue a school system from recouping legal fees.