March 21, 2009
posted 3/21/2009 11:29 PM

Mandates, Is it a good word or a bad word?

It seemed like a simple question when Glinda, The Good Witch of the North, asked Dorothy, “Are you a good witch or a bad witch?”  I watched the clip on YouTube and Glinda’s eloquent manner seemed like the perfect framework for posing a simple question about special education mandates.  No special education website would be complete without mentioning the word mandate.  Is it a good word or a bad word?  I want to say it’s a good word, but sometimes I wonder.

If you search for the word mandate on http://idea.ed.gov/explore/home, you’ll find 10 links.  This site was created by the federal government to provide a "one-stop shop" for resources related to The Individuals with Disabilities Education Act (IDEA) and its implementing regulations, released on August 3, 2006. When fully implemented, the site will provide searchable versions of IDEA and the regulations, access to cross-referenced content from other laws (e.g., the No Child Left Behind Act (NCLB), the Family Education Rights and Privacy Act (FERPA), etc.), video clips on selected topics, topic briefs on selected regulations, links to OSEP's Technical Assistance and Dissemination (TA&D) Network and a Q&A Corner where you can submit questions, and a variety of other information sources.  If you search for the word mandate on http://www.wrightslaw.com/, you’ll find 135 hits.  Parents, educators, advocates, and attorneys access Wrightslaw for accurate, reliable information about special education law, education law, and advocacy for children with disabilities. For example, The Individuals with Disabilities Education Act includes the Child Find mandate. Child Find requires that all school districts must identify, locate and evaluate all children with disabilities, regardless of the severity of their disabilities. You may want to add both of these sites to your web browser favorite’s folder.

So let’s look at an example outside of education.  Let’s say I’m a defendant in a criminal trial and the judge tells me that he’s mandated to make sure that I’m innocent until proven guilty.  Throwing in the word mandated makes me wonder if the judge believes this principal or his arm is twisted behind his robe.  I’d rather the judge tells me that I’m innocent until proven guilty and he’ll follow due process mandates to make sure the proceeding is compliant with the laws of our state.  A defendant hopes that a judge has chosen their profession because they truly believe in the mandates of our legal system.   

Let’s return to education mandates.  IDEA ensures that a child will receive a free appropriate public education (FAPE) in the least restrictive environment (LRE).  I think the word mandate is bad when I hear comments that schools are mandated to provide these legal entitlements.  I think the word mandate is good when I hear that an educational professional believes that IDEA provides children with an opportunity to receive a free appropriate public education (FAPE) in the least restrictive environment (LRE) and they’ll monitor this mandate to make sure local execution is compliant with the legislative wishes of this US government act.   

All countries don’t believe in the concepts behind FAPE and LRE.  Some of these same countries don’t support free speech.  The US believes that everyone is entitled to FAPE, LRE, and free speech.  I believe in FAPE, LRE, and free speech.  I also believe that IDEA is so deeply rooted in our current public education system that if an educational professional isn’t comfortable with IDEA, it would be hard to execute on its intent. 

I’ve decided mandate is a good word.  If we think globally and act locally, there are two parallel paths for change.  For those who believe FAPE and LRE don’t work, they can focus their attention on our local, state, and federal legislators.  For those who believe that FAPE and LRE can work, let’s focus our attention on how to make it a success story in our school so children in other countries can benefit from the US wisdom that all people are created and treated equally in our country.  

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