UC Researcher Presents on Special Ed and Common Legal Mistakes Made By School Administrators

Miscommunication, confusion and staying abreast of the law: they’re among common legal mistakes that school administrators can make in serving students with special needs, says Janet Decker, a University of Cincinnati assistant professor in UC’s Educational Leadership Program. Decker presented June 9 at the first annual Education Law and Policy Symposium, held at the UK Student Center in Lexington, Ky.

The symposium was presented by the Kentucky Association of School Administrators and the University of Kentucky College of Education P20 Education Policy and Law Lab. The educational law symposium provided school administrators with information to make “legally sound decisions while reducing liability, litigation and other potential legal tangles.”

Decker has offered professional development for educators across the nation. Her research and publications focus on legal and policy issues related to special education, charter schools and technology.

Decker says special education lawsuits are the most prevalent types of lawsuits faced by school administrators. Her presentation outlined the top 10 special education legal mistakes commonly made by administrators:

1. Confusion about disciplining students with disabilities under the Individuals with Disabilities Education Act (IDEA).
2. Confusion about disciplining students with disabilities under Section 504 of the Rehabilitation Act of 1973.
3. While focusing primarily on federal statutes, they need to stay abreast of evolving case law and regulations.
4. They educate themselves about special education law, but fail to adequately educate staff.
5. They may feel that they do not need to provide the “best” education for students with disabilities under the law, but determining what is “appropriate,” as the law states, is often a subjective standard.
6. They can fail to foster positive working relationships with parents of special education students.
7. They can overlook the importance of quality programming, instruction and highly qualified teachers.
8. They fail to document data-based instruction as required by law.
9. There can be closed-mindedness about seeking outside expertise and evaluation.
10. There may be a breakdown in communication between the special education administrators and school principals.

Decker is a former special education teacher who earned her Juris doctor and PhD in education leadership and policy studies.

UC’s Educational Leadership Program in the UC College of Education, Criminal Justice, and Human Services (CECH) is dedicated to preparing excellent leaders for excellent schools. The college reports that hundreds of graduates of the program currently serve in the Cincinnati USA region and beyond. The program provides graduate study, research and field experiences for educators and offers a variety of degree and licensure programs as part of its mission.

UC’s College of Education, Criminal Justice, and Human Services has been dedicated to excellence in teaching for more than a century. The college prepares students to work in diverse communities, provides continual professional development and fosters education leadership at the local, state, national and international levels.