"Systemic noncompliance" with the Individuals with Disabilities Education Act (IDEA) is increasingly prevalent in school districts throughout the country, leading to the denial of basic educational services to
countless special-education students. Systemic noncompliance denotes a widespread failure on the part of the school district to provide services to numerous special-education students. Additionally, systemic noncompliance necessitates that a school district structurally reform its policies and procedures in order to comply with IDEA's mandates. Because systemically noncompliant school districts are in need of structural reform in order to comply with IDEA, courts have the responsibility of declaring school districts liable for systemic noncompliance and, furthermore, for devising remedies to bring the district back into compliance with IDEA. However, courts often implement remedies without an understanding of the problems inherent in systemically noncompliant school districts and without a thorough knowledge of effective strategies and programs to implement IDEA. This Comment provides a framework for delineating practical and workable remedies for IDEA systemic noncompliance. This framework will provide those in the legal field with a greater understanding of systemic noncompliance and the judicial remedies that effectively address this problem.
