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47 U. Tol. L. Rev. 515 (2015-2016)
The Conflict between Preserving the Rights of Students with Disabilities and Promoting Safe Schools - Will the Procedural Safeguards of the Individuals with Disabilities Education Act Survive the Era of School Violence

handle is hein.journals/utol47 and id is 531 raw text is: THE CONFLICT BETWEEN PRESERVING THE RIGHTS OF STUDENTS WITH DISABILITIES AND PROMOTING SAFE SCHOOLS-WILL THE PROCEDURAL SAFEGUARDS OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT SURVIVE THE ERA OF SCHOOL VIOLENCE? Trisha Krewson* INTRODUCTION The Individuals with Disabilities Education Act allows for very inconsistent application of the statute to everyday student life. Local administrators have great latitude and/or discretion in providing or denying needed services. P RIOR to the promulgation of the Education for All Handicapped Children Act of 1975, later renamed the Individuals with Disabilities Education Act2 (IDEA), students with disabilities3 faced significant hurdles that hindered their ability to enter the classroom environment due largely in part 4 to the discretion exercised by school administrators. in response to this comion practice of underserving and excluding students with disabilities, Congress enacted the IDEA in an effort to guarantee every student with a disability * J.D. candidate 2016, The University of Toledo College of Law. First, I would like to thank Professor Nicole B. Porter for sharing her interest and knowledge in disability law and providing me with guidance throughout the writing process. Second, I would like to thank the editors of the University of Toledo Law Review for their diligent and detailed editing. Finally, I would like to thank my family for their never-ending support and encouragement not only with the completion of this Comment, but also for all of my academic and professional pursuits. 1. NAT'L COUNCIL ON DISABILITY, INDIVIDUALS WITH DISABILITIES EDUCATION ACT REAUTHORIZATION: WHERE Do WE REALLY STAND? 11 (2002), available at http://www.ncd.gov/publications/2002/July52002. 2. 20 U.S.C. § 1400-1409 (2012) (originally enacted as the Education for the Handicapped Act, Pub. L. No. 94-142, 89 Stat. 773 (1975)). 3. Throughout this Comment, I will use people-first language (e.g., students with disabilities, not disabled students), as individuals with disabilities consider this more respectful. 4. See Letter from National Council on Disability to The President of the U.S. (Jan. 25, 2000), in BACK TO SCHOOL ON CIVIL RIGHTS, at i (2000), available at http://www.ncd.gov/ publications/2000/Jan252000. 5. See Anne E. Johnson, Note, Evening the Playing Field: Tailoring the Allocation of the Burden of Proof at IDEA Due Process Hearings to Balance Children's Rights and Schools' Needs, 46 B.C. L. REV. 591, 596 (2005). 515

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