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Procedural Safeguards

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Over the last 30 years, establishing appropriate academic taxonomy disciplines for children with disabilities has been a challenge. However, the laws governing how we teach our students with disabilities and how we instruct them throughout the day is constructed by different legislations that have shaped the very existence of Special Education programs. All laws, in general, are to protect the student and family in the public school system by providing guidelines and legal aspects of the law are upheld through the child’s Individual Education Plan/Program (IEP), and policy and procedural safeguards. These safeguards outline the very essence of situational outcomes, compliance, and the necessary procedures in place for the parent to take action against the school district …show more content…

According to Beekman (2012), hearing results from previous studies shown a rarity when special education due process cases are accepted, and resolved disputes between parties are met. Even after due process cases at times, the conflict will resume between parents and school districts. The 14th amendment protects the educational rights of children with disabilities in the equal protection clauses. State laws cannot override this constitution protection (Martin, Reed, & Terman, 1996).
The advantages of removing due process hearing, may not stand constitutionally wise, however, the proceeding steps before due process could be solidified. The advantages would, in essence, alleviate the high cost of money, time, and pressure to meet compliance and regulation and uncertainties as due process is quite complicated. In regards to money, the districts shell out a lot of money each year for dispute and legal hearings. Litigation is costly. By saving money, the districts could potentially allocate funding back into school and their programs for children with special

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