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Prof. Tuchinda to publish "The Imperative for Trauma-Responsive Special Education" in NYU Law Review

Friday, November 8, 2019  
Posted by: UDC Law Staff
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The New York University Law Review recently accepted an article by Prof. Nicole Tuchinda, Director of the UDC Law Juvenile and Special Education Clinic. The article, titled “The Imperative for Trauma-Responsive Special Education,” will appear in the June 2020 issue.

Tuchinda summarized the piece.

“It argues recent, robust research makes clear that childhood trauma, such as abuse or neglect in the home or community violence, is common and can cause and exacerbate disabilities in learning and behavior. These disabilities prevent many children from making education progress, but evidence-based strategies exist now to give these children access to their education. To appropriately implement these strategies to improve outcomes for vulnerable youth, the nation's disability rights laws – the Individuals with Disabilities Education Act ("IDEA") and Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (together, "Section 504") – must become "trauma-responsive."

The imperative to make education for children with trauma-induced disabilities trauma-responsive isn't moral, however, it is also legal. IDEA's "Child Find" and Section 504's "locate and notify" mandates require public school systems to identify and provide an evaluation and individualized education to all children with disabilities who need access to their education.

This is the first article in the legal literature to describe the need to make IDEA and Section 504 and their implementation trauma-responsive. This article proposes 3 ways to meet this need: 1) requiring assessment of trauma's impact when trauma is suspected to be a cause of disability; 2) amending IDEA to add a stand-alone, trauma-specific disability category through which children can become eligible for special education and recognizing that trauma causes disability under Section 504; and 3) putting trauma-responsive interventions onto individualized educational programs developed under IDEA ("IEPs") and Section 504 ("504 plans").”

 


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11/28/2019 » 11/29/2019
No Classes/University Closed (Thanksgiving Holiday)

12/2/2019
LLSA Brown Bag Series: Pan Dulce

12/5/2019 » 12/18/2019
Final Examination Period (12/5-12/18)

12/24/2019 » 1/1/2020
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