FAPE & IDEA

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  • #20629
    patrick t mcd
    Participant

    Free and Appropriate Public Education & the Individuals with Disabilities Education Act have basically, in my opinion, destroyed any chance of government schools (public education) of ever prooving its worth or educating the masses.

    Being in public education, I really want to know is there any way to repeal these laws so that schools can be controlled by their localities rather than have to regulate themselves to national and state guidelines. Public Schools are so affected by state regs that they are basically handcuffed and rendered useless for many students. So much money is paid to stay in line that per pupil expenditures have become ridiculous. Often, students in special education cost the taxpayers a 10:1 margin. I know the quick answer is private schools or to abolish the whole system, but how does one make good of a bad situation. How unconstitutional are FAPE and IDEA anyways?

    When I share these concerns about public education, people often look at me like I just shot their dog. But if you can’t ask the tough questions then whats the point. If the market can’t decide (a more perfect world) then I think schools should be run like the police or fire stations in a local community and with as little of state and federal control as possible. If one wants to opt out of paying taxes and take their child out of pub educ then they should have every right to do so.

    Thanks for your answers.

    #20630
    gutzmank
    Participant

    This is a political matter in the first instance, and a constitutional one in the second. Repeal of the laws would require a congressional majority and presidential consent or a congressional supermajority over presidential veto; the laws could be struck down by the federal courts on the ground of unconstitutionality. Both ought to happen, but both are very, very unlikely.

    #20631

    “If one wants to opt out of paying taxes and take their child out of pub educ then they should have every right to do so.”

    South Carolina has been trying to do this since 2004 and it almost passed this year. If you put your kids in private school or homeschool, you can get a tax break for the taxes you would have paid had they gone to public school. Good idea, but as you can see, even in a politically “conservative” State, Lindsey Graham, it faces an uphill battle.

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