This post is a followup to a series of earlier blogs regarding the dispute between the family of a child with special needs and the East Meadow School District in New York over allowing the student to have his service dog in school. The family wanted to have their son’s service dog attend school with him and the school objected because of health and safety issues. The parents sought immediate relief in the form of an injunction–a court order mandating that the dog be immediately allowed into school. The District Court denied the injunction and now the Second Circuit Court of Appeals has affirmed the lower court’s ruling. So for now the parents are left with due process to get an order to have the dog in school.
Accessible E-Texts
Having access to text that can be readily converted into spoken words can be a critical part of becoming a proficient reader, a student who is meaningfully included in school, and employable in the world outside of school. For my son, without digitized text he would not be able to be in an inclusive classroom. Up to now, much of his text had been inputed manually which has been very time consuming. Fortunately, with legally mandated changes required in IDEIA (e.g. NIMAS-accessible text, Universal Design) the amount and type of accessible e-text is increasing. Reading Rockets has published a very useful article on accessible e-texts along with guidance on how to take advantage of the new provisions of IDEIA.
Here Is An Issue the Candidates Need to Talk About
The Federal government’s employment of people with disabilities is at an all time low according to a Washington Post story. Unemployment generally of people with disabilities is at very high levels of 30% or greater. IDEIA is supposed to produce outcomes that focus on economic self-sufficiency, ability to live in the community and employment. None of the candidates are talking about these issues and a review of their websites shows that this vital issue is not on the rader screen. We need to get it on the radar and insist that questions are asked at debates, town hall meetings and other forums.
A Teenager with Disabilities Statement of Love and Courgage
The following is a statement from a client of mine who has disabilities. He is a teenager. He was adopted a number of years ago. Over the last year and a half he has been the frequent victim of bullying based on race and disability from peers. Unfortunately, school personnel have not been responsive to him and have not been protective of him. Despite all that he has been through, he is an amazingly resilient person who has an enormous capacity for love for his parents and courage in the face of adversity. It is students like him that make my job so very satisfying.
Bipolar Disorder and IEP’s by Amanda Windom
Bipolar disorder diagnosis in youth (under 20 years of age) drastically increased in less than ten years. A comprehensive study published by Archives of General Psychiatry found that in 1994-1995 twenty-five per 100,000 office based visits for youth resulted in bipolar diagnosis. By 2002-2003 that number had risen to 1003 per 100,000 and experts say that by now it has almost certainly risen more. Some experts believe that greater awareness is allowing kids access to treatment, while others feel the disorder is being over diagnosed reports The New York Times.
The Child and Adolescent Bipolar Foundation(CABF) explains how bipolar disorder in children may vary from that in adults. For example, as opposed to having marked changes in mood and energy as adults do, children often have ongoing mood disturbance that is a mix of mania and depression. Children with bipolar disorder are entitled to special education and an IEP if the disorder affects their ability to be educated. The IEP should reflect supports necessary when the child is experiencing symptoms as well as when the child is relatively well. Some necessary accommodations may include an extra set of books at home, unlimited access to water fountain and bathroom, small class size, a one-on-one aide for assistance, or reduction in homework. Click on the link for CABF for a more comprehensive listing of accommodations.
In a Land Called (Im)Perfect by Lori Miller Fox
Now that the holiday season is over, we can all breathe a sigh of relief. Gone (until next year anyway) are the reams of circulars picturing perfect families bonding over perfect games. Off-air are the educational,ly-based, imagination-stimulating, motor-challenging, award-winning toys for award-winning children. Absent at last are the “Joyful Joneses,” the “Smiley Smiths,” and the “Functional Friedmans.”
I know my child is not the “advertisers’ ideal” and my family is not the “manufacturers’ market,” but I still ask myself “why should that be the case?” Maybe if we all close our eyes tightly, click our heels three times, and really, really, really believe, we can create a world, if only for a minute, where everything is imperfect. In my imperfect toyworld:
Burden of Proof Proposed to be Put Back on Schools in New Jersey
The New Jersey legislature is considering a bill that would effectively reverse the effect of Shaffer. This law if passed could serve as a ready model for other states to follow to once again put the burden of proof on school districts in due process cases. Apparently, in New Jersey some districts are not even willing to negotiate with parents since Shaffer. While I have not seen districts to be that brazen as a result of Shaffer, I have seen in many instances an increased level of arrogance and "entitlement" that they have an exclusive claim to wisdom at IEP meetings.
Rolling back precedents like Shaffer and Arlington (expert’s fees to prevailing parents), as proposed in the IDEA Fairness Restoration Act (see discussion below) would have both a legal and psychological effect at IEP meetings and at hearings. I will continue to monitor the progress of this state law.
Action Needed on December 3, 2007 For IDEA Fairness Restoration Act
The following is a bulletin from the National Down Syndrome Congress calling for concerted public action on December 3, 2007 to push this bill into becoming law.
IDEA Fairness Restoration Act
Take Action!
Contact Your U.S. Representatives on Monday December 3, 2007!
From the National Down Syndrome Society and National Down Syndrome Congress
November 30, 2007
Action Needed
As we recently reported to you in an information bulletin, the IDEA Fairness Restoration Act (H.R. 4188) was introduced in the House of Representatives on Tuesday, November 13, 2007 by Congressman Chris Van Hollen and Congressman Pete Sessions that would allow prevailing (winning party) parents to recoup expert fees and related costs in proceedings under the Individuals with Disabilities Education Act. Additional background information is provided below.
In order to get this bill moving through Congress the first step is to get as many co-sponsors from both parties as possible. On Monday December 3, 2007, NDSS and NDSC urge you to contact your Representative with the following message about the IDEA Fairness Restoration Act (H.R. 4188):
Please co-sponsor the IDEA Fairness Restoration Act (HR 4188). It will level the playing field for parents who must advocate for a free, appropriate education for their child.
If you wish to call your Representative, you can find out the name and phone number at http://www.ndss.org/index.php?option=com_wrapper&Itemid=174.
If you wish to send an email, go to: http://capwiz.com/ndss/issues/alert/?alertid=10597931. You will have a sample email available (that you can edit to meet your needs). The email will be sent to the correct Representative based on your home address.
Additional Background Information
In 1986 Congress included language in the IDEA Conference Report (an explanation that accompanies a new law that is not explicitly included in the legislation) that allowed attorney’s fees to be awarded to parents or guardians, including “reasonable expenses and fees of expert witnesses and the reasonable costs of any test or evaluation which is found to be necessary for the preparation of the parent or guardian’s case.”
The Supreme Court in Arlington Central School District v. Murphy (2006) held that courts could no longer award expert fees and other related costs since this intent wasn’t explicit in the statute.
The IDEA Fairness Restoration Act mirrors the text of the Conference Report almost exactly to fulfill Congress’s intent.
This bill will not cause a rush of litigation. Parents only initiate due process proceedings and litigation as a last resort. However, in order to even the playing field, this option must be one that parents are financially able to exercise.
Expert testimony and expensive evaluations are generally necessary in IDEA proceedings in order for parents to prove their case. Unless they can be reimbursed for expert fees and related costs, most parents will not financially be in a position to advocate for their children’s educational rights should these proceedings become necessary.
This bill provides that parents can be reimbursed for expert fees and related costs only if they are prevailing parties.
If you have questions or comments about this action alert, contact Ricki Sabia at rsabia@ndss.org or Susan Goodman at SusanG1961@aol.com.
If you or others you know would like to be added to the NDSS mailing list, send name(s) and email address to advocacy@ndss.org
National Down Syndrome Society
666 Broadway, New York, NY 10012
Phone: (800) 221-4602; Fax: (212) 979-2873
Web site: http://www.ndss.org
NDSS National Policy Center
8650 Georgia Avenue
Silver Spring, MD 20910
Phone: (800) 743-5657 Fax (301) 563-6896
e-mail: advocacy@ndss.org
Good Examples of Parent Input Statements
I have written in the past as to the importance of parent input statements. A friend has sent me examples that have proven to be especially useful for her children, that can serve as a model for future advocacy. These statements are clear, concise and present the child in real terms. The statements offer guidance and insight to a receptive school team.
I can not emphasize strongly enough how important it is to document concerns, present arguments in writing and conserve time at meetings; parent input statements serve all these functions.
Download dear_teacher.doc
Download parent_attachment_sophia.doc
How to Cook a Turkey or Baste makes Waste by Lori Miller Fox
As a parent of a child with special needs, I am all too aware of differences. Because of this, I get especially tired of being asked to keep up with other people’s expectations. Finding the time or the patience to entertain for Thanksgiving, for example is one luxury, I can’t always afford. However, there are many who choose to spend their time in just this way — and I applaud them for it. So what I say, is spend the holidays, heck spend every day, in a way that is right for you and your family. If you want to entertain, do so — your way. My way is, whether you go out, cook or carry in, always bring laughter to the table.
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