When Christina Martin’s 9-year-old daughter Vinaya was diagnosed with a rare neurodevelopmental disorder and autism as a toddler, Martin was thrust into an unfamiliar world.
In the years since, the Kenner parent has spent countless hours navigating the complexities of special education and learning the ins and outs of federal and state disabilities law. But even for a parent as knowledgeable and engaged as Martin, making sure her daughter receives the services she needs to excel in school still feels like an uphill battle.
“When you're constantly having to advocate, question decisions and just fight to be heard,” Martin said in a recent interview, “you start to realize that the system isn't really built for us.”
Now Martin and other advocates are trying, , to make it easier for parents to take action when they believe schools aren’t meeting their children’s needs.
Under existing state law, parents can request a due process hearing before an administrative law judge if they feel a school has not followed their child’s special education plan. But parents must prove the school failed to properly educate their child — a high bar that few families clear.
Martin, who is going through the dispute resolution process with Jefferson Parish Schools where her daughter attends, said the deck is stacked against parents. So she and other advocates approached Rep. Alonzo Knox, D-New Orleans, who introduced House Bill 342 this legislative session to address their concerns.
The bill aims to shift the burden of proof in due process hearings from parents to schools, which would have to show that they provided the necessary services and support to students with disabilities. The House Education Committee approved the bill Wednesday, sending it to the full House for a vote.
The bill “helps level the playing field for families, promotes transparency, and reinforces the importance of school systems maintaining accurate and complete” special education records, Knox said in a statement.
In a recent interview, Martin discussed her advocacy for students with disabilities and why she thinks the due process law needs to be changed.
This interview has been condensed and edited for clarity.
What does advocacy look like for you?
My daughter was diagnosed with autism around 2 and with CTNNB1 syndrome, a rare genetic disorder, around 3.
I tried to research and connect with organizations because, like most families, it was unfamiliar territory. As I learned more, I realized I could become an advocate not only for my child, but for other children.
I've sat on boards and commissions and worked with our statewide grassroots advocacy network (called h Council's Advocacy Network) up at the Capitol. I’m involved in a lot of different initiatives that support independent living and safety and inclusivity for people with disabilities.
Can you explain how the dispute resolution process works?
Right now, the burden of proof is on families. That means that we have to prove that the school failed our child.
But the school has all of the data, the evaluations, the staff to do this legally with our taxpayer dollars. They have all the documentation and they do not offer those records to families as openly as they should.
Families are trying to prove something wasn't done or wasn't appropriate. That's really hard to prove when you're going up against an entire school district, especially if you don't have the money for legal representation.
That imbalance puts families at a serious disadvantage, and it's one of the biggest reasons, I think, why the system feels so overwhelming for kids and families who have students in special education.
Why do you think the law should be changed?
In my experience, it's been a constant uphill battle.
Even when you know your child's needs, you're often put into this position where you have to understand laws, gather evidence if necessary, challenge professionals who already have those resources available to them and more knowledge of the systems in which you're working within. They also have full access to your child's records.
It's an exhausting process, if I'm being honest. And for many families, it's probably not sustainable.
What does it look like in other states?
Most states do place the burden on families, but New York, New Jersey and Connecticut have all shifted the burden of proof to school districts.
I believe there’s a growing movement across the country to make this change, so I don't think h would be doing something radical or out of the ordinary. It would just be catching up to states who've already recognized this imbalance and fixed it. It would make the system more equitable.
What else should readers know?
Being a special needs parent means becoming an advocate, whether you're ready or not. You have to learn laws, attend meetings, track services and constantly push to make sure that your child gets what they deserve.
Families shouldn't have to fight this hard just to access an appropriate education. At the end of the day, it isn't just about policies and laws. It's about real kids who have equal rights to education, like everyone else, and making sure that they have an opportunity to thrive.