Parkland Shooting Report Sharpens Focus on Special Education and Due Process

Wednesday, August 8, 2018 - 5:00pm

Details about the case involving Nikolas Cruz, a former student at Marjory Stoneman Douglas High School charged with killing 17 students and staff members at the school in February, and recommendations for district actions came out in a report by a consulting firm hired by the district to review Cruz's educational records and the school system's actions in the wake of the school massacre. Broward County largely followed the law when it came to Cruz throughout his educational career. But, the report noted, under state statute, the Broward school district could have decided to file a due process hearing  within 10 days after a contentious IEP meeting, asking for an administrative law judge to make a decision about where Cruz should be educated.  Due process hearings are overwhelmingly filed by parents when they disagree with district actions. But the Individuals with Disabilities Education Act makes it clear that due process is a legal maneuver available to both parents and the school district. And, about 10 percent of the time, it's the district that has the dispute, said Perry A. Zirkel, a professor emeritus of law and education at Lehigh University. PDF (August 7 - Education Week)