Opinion
Special Education Letter to the Editor

Let’s Have a National Discussion

February 12, 2019 1 min read
  • Save to favorites
  • Print

To the Editor:

Special Education’s Future,” one of Education Week‘s 10 Big Ideas (January 9, 2019), suggests that the broken special education system is flawed in many ways, including issues with “child find,” eligibility labels, response to intervention, funding, and more. I hope the article spurs a national conversation and true systemic change for all students—disabled and not.

The article raises questions that Congress needs to answer, including one about the cost of special education, which is spot on. We need to know the real costs of general and special education for these students. However, the question raised about inequalities in due process doesn’t go far enough, as it assumes that a more-equitable due process is the path forward.

Of course, schools need equity, but it’s time to remove litigation from classrooms and rebuild effective schooling for all. The current one-size-fits-all legal system no longer works well, especially as students fall into two groups identified in the U.S. Supreme Court decision, Endrew F. v. Douglas County School District: those with severe/profound needs and the vast majority with mild/moderate needs who are mostly in general education classrooms. It’s time to create alternatives to due process for the latter.

In terms of inclusion, do policies help or hurt? To answer this, we must focus on all students—general and special education—especially as data are often incomplete, invalid, or misleading. Why do we continue to label students when it often impedes good teaching? Consider “wait to fail,” whereby students aren’t served until after they fall far behind and get labeled. This contradicts solid early-intervention research.

I agree that a revival of activism could fix what’s broken. Let’s get going!

Miriam Kurtzig Freedman

Attorney and Author

Related Tags:

A version of this article appeared in the March 20, 2019 edition of Education Week as Let’s Have a National Discussion

Events

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Spotlight Spotlight on the Future of Special Education: Compliance, Data, and Transformation
Special ed is evolving fast, driven by compliance, data, accessible tech, and smarter supports for students with disabilities.
Special Education More Students With Disabilities Are in General Education Classes. How's That Working?
New report examines states' efforts to educate students with disabilities in mainstream classrooms.
1 min read
20250329 AMX US NEWS OSCEOLA PARENTS FEAR DISASTROUS FALLOUT 1 OS
Melanie Thomas plays with her autistic son, Luke, at their home in St. Cloud, Fla., on March 25, 2025. The local school district implemented changes that would merge more students with disabilities into mainstream classes. A new report from the U.S. Government Accountability Office found that the number of students who have disabilities and spend at least 40% of their school day in general education classes rose about 25% between the 2012-13 and 2023-24 school years.
Stephen Dowell/Orlando Sentinel via TNS
Special Education Students With Disabilities Are Spending More Time in Mainstream Classes
Under federal law, students with disabilities are supposed to learn in the least restrictive environment.
6 min read
Asia Screen, special education compliance monitor, center right, greets a student at Edward T. Steel School on the first day of school on Aug. 25, 2025, in Philadelphia.
Asia Screen, special education compliance monitor, greets a student at Edward T. Steel School on the first day of school on Aug. 25, 2025, in Philadelphia. A new report from Congress' nonpartisan watchdog finds students with disabilities are spending more time in mainstream classrooms, though the progress toward achieving that goal in federal law varied by state.
Jessica Griffin/The Philadelphia Inquirer via AP
Special Education Opinion Why Moving Special Education Out of the Ed. Dept Will Not Help Students
We shouldn’t redefine special education as a medical service. What to know as it moves to HHS.
Jerell Hill
5 min read
Image of a student's silhouette with a sunrise in it. Overlay is a medical file.
Illustration with Laura Baker/Education Week + Getty