Special education litigation has been increasing, and experts point to AI usage by families looking to avoid legal costs as a major reason for the surge.
What the Experts at CADRE Are Seeing.
The Center for Appropriate Dispute Resolution in Special Education Disputes (CADRE) is a federally funded center working to help resolve disputes between school districts and families.
CADRE reports that state special ed complaints have increased over the past year, and state agencies believe that AI has had a big impact on the volume, quality and complexity of the filings.
State agencies have reported that there have been many instances where complaints attach hundreds of pages obviously generated by AI, often with complaints where there has been an inaccurate application of the IDEA. There have even been reports of due process complaints with case law cited that have been wholly made up by AI.
What can parents and guardians take away from this?
AI can be a very useful tool to help advocates prepare for special ed meetings, understand terminology and understand the general special education process. But AI does make mistakes, carries privacy risks and may even suggest strategies that escalate conflict. Parent reliance on AI to file state or due process complaints is particularly dangerous. It can create filings that are unclear, inaccurate or missing information. That may cause filings to be delayed or dismissed to the great detriment of the special education student.
Use AI as a Tool, Not a Lawyer
Marna believes that AI can be a valuable tool for parents and guardians if used properly. But AI users must attempt to review and verify all results that are obtained from AI. Most important, only a human with experience in the law can make the important judgment calls necessary in a special education dispute.
Marna has devoted an entire career to representing individuals with special needs and is very experienced in special education litigation and dispute litigation resolution. Parents should go ahead and use AI – CAREFULLY – mainly to educate themselves. But they should also pursue their disputes with an experienced special education attorney.
Marna is ready to assist.
