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Under federal law, parents of
disabled children have the right to a hearing on DCPS's failure to provide
an appropriate education. Up to now, DCPS regulations have required DCPS
to prove at that hearing that the education provided was appropriate.
That is now no longer the case. DCPS has taken that valuable right away from parents. Last month, the D.C. Board of Education changed the regulation. The burden has now been placed on the parent to prove a negative, that is, that DCPS failed to provide an appropriate education. DCPS couched this sweeping change of law as simply a way to reduce the number of hearings challenging DCPS's failure to perform. DCPS claims this will conserve DCPS resources. However, the practical effect of DCPS's action is to make it more difficult for parents to prove that DCPS failed their child. DCPS controls access to DCPS employees who are necessary witnesses to prove DCPS wrongdoing. DCPS controls access to DCPS documents that memorialize that wrongdoing. DCPS will now win more cases. The playing field will tilt mightily against those of little means, who are my clients. DCPS has made a choice. That choice is wrong. DCPS's choice was, rather than undertake the hard work needed to improve DCPS's own poor performance, to conserve resources by taking away the rights of the disabled by the stroke of a pen. By blaming parents for asserting their rights under the law, DCPS continues its wrongdoing unabashed and unabated. |
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