Tag Archives: rights

Confronting “Alternative Facts” in Special Education

Recent events at the national level have exposed the mainstream public to the over-the-top misrepresentations that some public servants make. I’ve been witnessing the unbelievable spin jobs carried out by such individuals within the public education system for over 25 years, so none of this is new to me.

In truth, I’m glad the rest of the American public finally now understands what I’ve been dealing with this whole time. It used to be that when I’d explain what I do for a living and the behaviors I’d encounter on the part of some public education agency personnel and their contractors, people would think I was melodramatically making it all up. Honestly, as creative as I may be, I couldn’t make up stuff like that if I wanted to; no sane person’s imagination is that rich. Now, I can point to the White House saying, “It’s like that,” and people finally get it.

What the current administration has done for us is provide us with a new vocabulary used by its staffs who are utterly divorced from the truth, and that language helps us navigate their communicative intent. It’s language that they, themselves, have most usefully described as “alternative facts.” For the purpose of this post and future posts in which references to “alternative facts” are made, I am operationally defining “alternative facts” as untruths that are preferred by their speakers to the truth.

The pervasiveness of “alternative facts” in special education is so widespread and diverse that no single post could possibly capture our analyses thus far of their use. Because these governmental abuses of authority are woven so deeply into the fabric of public education, including special education, it is worthy of significant discourse.

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The Approaching End of a Heartbreaking Era

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When the Education of All Handicapped Children’s Act (EAHCA) was enacted as PL94-142 in 1975, it was in the face of enormous opposition from school district administrators and their attorneys who were actively refusing to enroll children with disabilities in our nation’s public schools. Many have remained employed in public education, stewing in their own bile over their legal “loss” while begrudgingly enrolling students with special needs.

The EAHCA was reauthorized as the Individuals with Disabilities Education Act (IDEA) in 1990, which has, itself, been reauthorized twice since then, the last reauthorization being in 2004. Clearly, Congress has no intention of returning to a time when discriminating against those with disabilities was perfectly acceptable.

I don’t know how many of you have experienced an employment situation in which people have been required to do something that they opposed, but it’s been my experience that some people in this position are more likely to sabotage any attempts to do things differently to “prove” it was a bad idea than to willingly go with the program. Some people are just sore losers.

In short, you’re not likely to get buy-in from people who had to be Court-ordered or required by regulation to do the ethical and responsible thing. It says something, anyway, about a person’s character when he/she forgoes ethical solutions for whatever reasons and, therefore, requires enforceable regulations that dictate what his/her behavior should be. Some peoples’ characters create a situation in which the behaviors normally associated with common sense and ethics become subject to regulation.

This is not specific to special education or the legal practices that surround it. This is human nature. Somewhere out there in the world is the person who justified warning labels on suppositories that advise they are not meant for oral consumption. Some people’s functional skills in various aspects of life, for whatever reasons, are seriously limited.

People tend not to make improvements when forced to, particularly when they perceive the improvements as a threat to their familiar, comfortable, self-serving routines. This, too, is human nature.

The problem in special education is that, following the passage of the EAHCA, too many people with chips on their shoulders were left over the decades in positions of authority in public education, passing their “insight” onto the people they were responsible for training and stacking the deck against the success of special education. In other words, ever since the passage of the EAHCA in 1975, there have been career public education administrators undermining the effectiveness of special education in order to win an argument rather than educate children, the latter of which being what we actually pay them six-figure salaries at public expense to do.

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The Differences Between 504 Plans & IEPs

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KPS4Parents assists parents pursue a Free and Appropriate Public Education (“FAPE”) for children who need IEPs or 504 Plans. We help in both venues.

Most of the families we serve are involved in the special education process, which calls for an Individualized Education Plan (“IEP”), but we still have a few who are not eligible for an IEP but are eligible for a 504 Plan. Many parents and educators struggle to understand the difference between these two types of legally binding and enforceable documents, so today’s post/podcast is meant to explain how they are similar and how they are different.

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