Michael F. Shaughnessy
Senior Columnist EdNews.org
Eastern New Mexico University

1) You recently were involved with a case that went all the way to the Supreme Court. Can you give us a few preliminary details?

As a defense raised by the school, which did not relate to the issues regarding FAPE or my son Jacob, they raised the issue whether I could represent Jacob's rights.  It was not that I wanted to act as a lawyer or to represent Jacob in court, it was that parents have the right to due process.  

Parents have a huge role and responsibility to their child and the whole IEP process.  We give consent, we attend meetings, and we enhance their education so that they can become independent adults in society.  With this huge role at the meeting and every step of the way--these are the rights of the parent.  We need not use the child's name when we challenge because parents have the same rights and ever broader rights than a child so parents have the right to bring the claim under procedural and substantive issues pro se in federal court if need be.

2) How old was your child when he or she first went to school and what would you consider his/her main difficulty?

Jacob attended the public school in 2000 at age 3.  We found the school using aversive techniques and found the answers to why his behaviors at home were so severe after observing him in Parma.  Parma agreed that his services were not available in the public setting and placed Jacob in a private school--with their full support--for the 2001-02, 2002-03 school years and summers. 

In June 2003, Parma was simply going to bring him back to the public school with no data to support their position.  We have been in dispute since that time in 2003.

3) In what regard was the school not cooperative? And what were your first steps to rectify the situation? The school pre-prepared an IEP in 2003 as a "take it or leave it" option. 

They did not follow the sequential steps of developing an IEP with the parents input.  We gave input at the IEP meeting and the district refused to consider our input.  We then filed for due process. 

4) How did you get all the way to the Supreme Court, and how many years were you involved in litigation?

We are currently in litigation and the first due process was in June 2003. When our appeal reached the Sixth Circuit (not before) it was when the district raised the pro se issue along with that parents have no rights.  I had 30 days to find an attorney.  We were very fortunate that an attorney from California was watching the docket and at the last moment offered to help.  At that point we decided that this was an important issue, and in lieu of just having an attorney sign on to the case the issue of parent's rights had to be reviewed by the Supreme Court. 

5) In the final analysis, was it all worth it?

I don't look at efforts in advocating for Jacob as "was it worth it" or not worth it position. It is a parent's responsibility to advocate for our children.  Parents must take an active role, we must utilize what Congress gave us with regards to the procedural safeguards, our rights and our role in enhancing the education of our children.  It is not a choice in my eyes--it is a must-- as part of my responsibility to my child to advocate. 

6) What do YOU personally see as the implications of the Supreme Court decision?

We have a great deal of work yet ahead of us.  There are not enough parents taking an active role in advocating for their child. My main concern is that parents need to be educated and need to take an active role at what ever level they are capable in taking.  Even if it is just a letter or a formal complaint, parents need to take an active role.  Congress intended parents to have this important decision making role and parents should take this very serious. 

7) How is this an achievement for parents of children with special needs?

The Supreme Court did not create something new when it comes to the rights parents are entitled to under IDEA--Congress already mandated these rights.  Parents now can take their issues to federal court if need be without an attorney on their own behalf.  The parent has the right regarding procedural issues and issues regarding FAPE to their child.  Given there are few attorneys and few parents who can pay for an attorney the SC now gives every parent an option to challenge the District including pro se in court if need be.

8) In your opinion, why is there such a disjoint between parents and schools?

The disjoint will always be there because there is no enforcement with the current monitoring system. There has to be an internal system of accountability and sanctions. There are mandates but no way to enforce them effectively! 

9) How are you and your family doing right now?

Our family is strong and very supportive of Jacob's needs.  Jacob's progress keeps us motivated and focused.  It is really about Jacob and what his needs are.  I plan to continue advocating for Jacob with the support of my loving family and our long distance friends around the country.

Published October 9, 2007

Tuesday

October 9th, 2007

Michael F. Shaughnessy

Senior Columnist EducationNews.org

Subscribe

Enter your email to subscribe to daily Education News!

Hot Topics

Career Index

Plan your career as an educator using our free online datacase of useful information.

View All