(The Lion) — In one of the most notable arguments for maintaining a federal Department of Education, some Oklahoma Democrats assert schools need a watchdog to “force” them to help children in special education, according to an area think tank.
“During a recent legislative debate, two Oklahoma Democrats admitted that many Oklahoma public schools are failing students badly, particularly children with special needs,” the Oklahoma Council of Public Affairs (OCPA) wrote April 23.
As a result, “threats of lawsuits and federal sanctions are routinely necessary to force Oklahoma public schools to provide legally required services.”
These objections came about as the Oklahoma House of Representatives debated House Concurrent Resolution 1025, which supports the federal department’s eventual elimination.
“There’s state schools that aren’t going to follow the federal law,” said state Rep. Aletia Timmons, D-Oklahoma City.
Timmons’ experience as an attorney and former judge exposed her to many cases where schools were found to be violating laws such as the Individuals with Disabilities Education Act, Rehabilitation Act and Title IX law, according to the article.
“I went to federal court, they found 33 violations, just like I pointed out,” Timmons said of one case concerning an Oklahoma City-area school. “Meanwhile, that kid in school had not gotten that IEP (Individualized Education Program) he needed, and it affected his movement forward.”
State Rep. Ellyn Hefner, D-Oklahoma City, agreed with Timmons’ assessment.
“There are a lot of parents that are exhausted, trying to tell schools what they should already know,” said the lawmaker, whose child has special needs.
“Let me talk about the parents that have a child with a disability. Oh, my goodness, not only do we have to fight the schools, but we’re also filling out applications every year to say that our child still has a disability. We still have to fight hard for all those things that we’re talking about, big time, right now.”
‘Stuck in a place that does not work for them’
Lucia Frohling works as director of parent services for the Oklahoma Parents for Student Achievement. She told OCPA many families have found withdrawing from the public-school system to be the only workable solution for their children with special needs.
“We want great public schools, of course,” she said. “But when it’s not working, parents and students should not have to be stuck in a place that does not work for them and is actually detrimental to their child’s emotional well-being as well as their academic well-being.”
Frohling’s organization works with about 200 families each year, spanning about 60% of state counties.
“It is so incredibly painful, because parents are the only police for IDEA,” Frohling said. “They are the only ones who say, ‘Hey, I don’t think this law is being followed.’ And then they are the ones who have to file a state complaint or ask for mediation or file a due-process (complaint) when we are in a special-education attorney desert in Oklahoma. The burden of proof is fully on the parents to have to prove the school is breaking the law, and yet they don’t have the investigative authority to see everything that is going on behind those closed doors.”
