A Solution Hiding in Plain Sight: Special Education and Better Outcomes for Students with Social, Emotional, and Behavioral Challenges

96 Pages Posted: 30 Mar 2014 Last revised: 5 May 2015

See all articles by Yael Cannon

Yael Cannon

Georgetown University Law Center

Michael J. Gregory

Harvard Law School

Julie Waterstone

Southwestern Law School

Date Written: 2013

Abstract

This Article will contribute to the ongoing dialogue about special education and the IDEA in two ways. First, it will describe patterns that have emerged from our work with individual children and families that shed light on how common IDEA implementation failures increase the risk of poor outcomes for students with social, emotional and behavioral challenges. Critiques of the law and proposals to amend it should be grounded in an understanding of exactly how and why it is falling short of meeting its promise to these children. Our hope is that mapping the common implementation failures we have seen in our cases will advance this understanding - at least with respect to the particular population of students for whom we advocate - and will help guide the development of public policy. Second, this Article will assert that fixing these common implementation failures is a critical reform and a worthwhile investment of public time, money and attention. While proposing specific legislative remedies or strategies is beyond the scope of this Article, we will suggest some priorities for reform that appear warranted based on our work.

Keywords: Individuals with Disabilities Education Act, individualized education program, special education

Suggested Citation

Cannon, Yael and Gregory, Michael J. and Waterstone, Julie, A Solution Hiding in Plain Sight: Special Education and Better Outcomes for Students with Social, Emotional, and Behavioral Challenges (2013). Fordham Urban Law Journal, Vol. 41, 2013; UNM School of Law Research Paper No. 2014-14; Harvard Public Law Working Paper No. 14-09. Available at SSRN: https://ssrn.com/abstract=2417535

Yael Cannon (Contact Author)

Georgetown University Law Center ( email )

Michael J. Gregory

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

Julie Waterstone

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

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