I am encouraged that the improvements in this bill will help reduce litigation, restore trust and refocus the system on improving the education of children with disabilities. This bill builds upon the 1997 improvements by requiring States to establish and maintain voluntary arbitration systems. Given the interest in resolving disputes through nonlitigation, it is expected this will reduce the litigation burden and restore the focus on educating children. Importantly, this system is voluntary, and voluntary means the parents can choose, the school can choose. If both parties do not choose voluntary arbitration, then the complaint goes through the regular due process system. This bill also clarifies that the parent is obligated to provide clear and specific notice to the LEA or SEA before a due process hearing can be held. This change is important to ensure that a school district has a clear understanding of what the problem is.
John Rice Carter: “I am encouraged that the improvements in this bill will help reduce litigation, restore trust and refocus the system on…”
Editor's note · Context
Discussing improvements to a bill aimed at reducing litigation in special education disputes.
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