What does “failure to educate” mean?

Dear Louise:

There is no single definition or standard for what “failure to educate” means. In fact, the more technical language would be “failure to provide a free appropriate education.” This language has been the source of hundreds of law suits and legal decisions since the special education law was passed in 1975. Although it would seem that a student that graduated from school with 6th grade reading and writing skills did not receive an adequate education, this is not automatically true. Each child is different. Some children’s disabilities may be so severe that even with an excellent education, they may never be able to read or write at the sixth grade level.

On the other hand, some children with disabilities may be behind in reading and writing and, with appropriate instruction and remediation, may be able to reach grade level in those subjects. You need to get more information about the nature of your child’s disabilities, their cause, the types of programs that should have been provided to address them, and whether they were capable of more progress if they had been provided those programs.

Even if a student has graduated, they may be entitled to seek more services, generally by requesting a due process hearing, if they can prove that the school failed to provide them an appropriate education. However, this is complicated to prove. In addition, federal and state laws provide “statutes of limitations” which require that if you are dissatisfied with something the school did or failed to do, you must request a hearing within a specified period of time. These deadlines vary by state. If a school lost part of your child’s records, this is by itself a violation of both the special education law and federal and state records laws. You should consult an attorney knowledgeable about education and special education law for consultation about your rights in relation to these problems.