Personal Liability from IDEA

Paper Summary:

In this article, the writer notes that the 'Individuals with Disabilities Education Action' (IDEA) was originally enacted as the Education for All Handicapped Children Act. The writer explains that the intent of the law was to support all states and local governments, departments of educations and school boards to meet the individual educational requirements of children with disabilities that before the enactment of this legislation had been either barred from education, or relegated to secondary status in separate facilities that did not attempt to educate these children. The writer points out that there has been significant progress in the educational outcome of these children, as well as significant litigation. The writer concludes that it is unfortunate that the motivating factor for some school administrators is a direct threat to their personal financial well being, however the true beneficiary of these prospective legal actions is the individual student and society at large.

From the Paper:

"In Goleta, a student with special needs, Andrew Ordway, was placed in a school, and School District filed suit against the student and the custodial parent, Cynthia Ordway after a California Department of Education Hearing found that the student was denied his rights to a FAPE as provided by IDEA. The hearing found that the student was placed without proper review of the educational options available, and in compliance with IDEA. The custodial parent counter sued and filed against the director of Special Education, Diana Rigby, for persona liability for the costs associated with the proper placement of Andrew. In general, actions by school officials fall under immunity from personally liability due to indemnity of employees by the state in the course and actions of their official duties. The important ramifications of Section 504, conferring constitutionally protected rights of education that enable the placement of personal liability upon state employees if they abuse their authority "under the color of law"."

Sample of Sources Used:

• Goleta Union Elementary School District, et al. v. Andrew Ordway; et al., Case No. CV 99-07745 DDP, December 5, 2001
• IDEA 2004 Summary. Learning Disabilities Online Website. April 23, 2007. <http://www.ldonline.org/articl/10726>
• Liability Under Section 1983. Orange County Department of Education Website. April 23, 2007 <http://www.ocde.us/downloads/Legal/LIABILITY_SECT_1983.pdf>
• Thirty Years of Progress in Educating Children with Disabilities through IDEA. United States Department of Education Website. April 23, 2007 <http://www.ed.gov/print/policy/speded/leg/idea/history30.html>
• Glassberg, Hope. "Legal Aspects of Special Education." Education Update Online Website. August 2003. Education Update. April 23, 2007 <http://www.educationupdate.com/archived/2002/aug02/htmls/covere_legal.html>

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