In the town of Howell, Michigan, Andrea Lee has been trying to secure special education resources for her children through lawsuits. According to local reporting, she’s filed “more than two dozen complaints and four legal grievances over the Howell Public Schools’ treatment of her three children with disabilities.” Special education policy in North Carolina’s Cumberland County is also being determined by way of lawsuit: A new lawsuit claims that the county’s school district “systematically violated federal disability law by delaying special education evaluations for children who showed clear signs of needing help.”
The Individuals with Disabilities Education Act (IDEA), after all, makes it so that special education policy is essentially created lawsuit by lawsuit. It puts mandates in place and then, according to Miriam Kurtzig Freedman in the University of Chicago Law Review, sets up “an adversarial private-enforcement system for the rights it created.”