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Like everybody else, I am obsessed with the bad economy. For those who have seen me do presentations, you know that I ask a lot of questions. Lately during a series of questions that are supposed to make people think, I have taken to asking, "how many are too worried about the recession to answer my questions." At that point almost everybody raises their hand.
I recently asked on the blog poll question- given the economy, should cost/expense be a defense. The answer was overwhelmingly no. And I believe that this is consistent with Supreme Court precedent.
However, some of our astute readers suggested that maybe the economy is coming in the back door. We have posted here before, for example, that the hearing officers who hear due process hearings in California have been forced to take days off without pay. Apparently they are not alone, teachers in Hawaii, including special ed teachers, have been forced to take 17 furlough Fridays throughout the school year. The federal trial court has rejected two challenges to the new policy as an alleged violation of IDEA. ND v. State of Hawaii, Department of Educ 53 IDELR 186 (D. Haw. 10/21/9) and DK & AK by Kellet v. State of Hawaii, Department of Educ 53 IDELR 187 (D. Haw. 10/22/9).
On top of that, I just came across an article on KHON2.com explaining how the special ed teachers are trying to make up the time. It was interesting that the Hawaii state superintendent also seems to indicate that outside contracts will be substantially limited. I'm going to go out on the limb once again and predict that this statement will lead to lots of hearings and lawsuits.
What is the relationship between appropriate education for kids with disabilities and the recession? What do you think? Are the back door effects of the recession serious?
I recently asked on the blog poll question- given the economy, should cost/expense be a defense. The answer was overwhelmingly no. And I believe that this is consistent with Supreme Court precedent.
However, some of our astute readers suggested that maybe the economy is coming in the back door. We have posted here before, for example, that the hearing officers who hear due process hearings in California have been forced to take days off without pay. Apparently they are not alone, teachers in Hawaii, including special ed teachers, have been forced to take 17 furlough Fridays throughout the school year. The federal trial court has rejected two challenges to the new policy as an alleged violation of IDEA. ND v. State of Hawaii, Department of Educ 53 IDELR 186 (D. Haw. 10/21/9) and DK & AK by Kellet v. State of Hawaii, Department of Educ 53 IDELR 187 (D. Haw. 10/22/9).
On top of that, I just came across an article on KHON2.com explaining how the special ed teachers are trying to make up the time. It was interesting that the Hawaii state superintendent also seems to indicate that outside contracts will be substantially limited. I'm going to go out on the limb once again and predict that this statement will lead to lots of hearings and lawsuits.
What is the relationship between appropriate education for kids with disabilities and the recession? What do you think? Are the back door effects of the recession serious?
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Can you please create a mini-post with citations that describes the IDEA reauthorization process? I get the basic jist, I think, that because it's a funding statute it must be "re-authorized" every five years, and that changes in statutory language and other substantive changes usually occur during this time. But if the last IDEA was 2004, aren't we overdue? And wasn't IDEA '04 supposed to happen in 2002 (five years after the 1997 Amendments)?
ReplyDeleteBen,
ReplyDeleteYou are on top of it, reauthorization is overdue. Congress has been preoccupied with other business. It will likely be pretty late again this round.
Jim