Special Education, Poverty, and the Limits of Private Enforcement
Pasachoff, Eloise
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Abstract
The article discusses the perceived disparities in the private and public enforcement of statutory regimes of the Individuals with Disabilities Education Act (IDEA) for the poor. It criticizes the argument that private enforcement compensates the observed inefficiency of the public enforcement. It tackles the need to modify institutional design features to lessen enforcement disparities favoring the wealthier beneficiaries.