In what could be a very significant break though in the law, the Supreme Court agreed to review the 6th Circuit decision in Fry v. Napoleon. Fry was a case involving allowing a service dog in school and whether parents need to exhaust administrative remedies before going to court. Exhaustion means that parents need to pursue a case through the hearing process before bringing a case to court. Obviously having to litigate before an administrative tribunal that often has limited jurisdiction before being able to litigate issues in court creates a significant hurdle to full adjudication. Here is the Justice Department's brief seeking review in the Supreme Court. Fry if decided for the parents may allow greater access to court for cases under ADA, 504 and IDEA. Stay tuned it is going to be interesting.
School Choice Not Protective of Students with Special Needs
The following is a press release from COPAA regarding a recent study of school choice regarding students with special needs. It confirms what I have suspected for some time that school choice is largely ineffective for students with special needs and requires serious changes to provide meaningful benefit to all students, including those with special needs. In my view, school choice is thrown around like a political slogan without full consideration of the systemic effects of school choice and the effect on individual students especially those with special needs.
COPAA Applauds FDA Ban On Use of Electrical Stimulation
I am reproducing this press release from COPAA. It is always great to have a reason to celebrate progress even if long overdue. Ban specifically prohibits use due to significant psychological and physical risks. There is much more work that needs to be done on issues related to restraint, time out and universal use of nonaversive behavioral intervention in favor of positive proactive measures, but this announcement is an important step on that path.
WASHINGTON, DC – In support of the U.S. Food and Drug Administration (FDA) announcement to issue a ban on the use of electrical stimulation devices (ESDs) intended to reduce aggressive or self-injurious behaviors that disproportionately are used on people with intellectual or developmental disabilities, The Council of Parent Attorneys and Advocates, Inc. (COPAA) issued the following statement:
“I read this news with tears in my eyes and warmth in my heart to know that the end to this barbaric practice is finally in sight” stated Denise Marshall, COPAA executive director. “Too many labeled individuals have repeatedly suffered torture and abuse on the basis of their disability. We know this announcement cannot erase their pain, so in the words of Albert Einstein we must ‘Learn from yesterday, live for today, hope for tomorrow.’ Thank you to the FDA for taking this strong stance in protection of the rights of individuals with disabilities to be free from abuse.”
Marshall continued, “COPAA has been at the forefront of this issue since 2008 with the release of our Declaration of Principles calling for every student in this country to be treated with dignity and respect and affirming that no person with a disability should be subjected to abusive treatment under the guise of providing [educational] services. We have repeatedly and unequivocally pushed for a ban because aversive techniques should never be used as planned consequences of their behavior or symptoms of their disability. Congratulations to all of our colleagues and the families whose relentlessness advocacy has made this happen!”
For more information, please view the Federal Register display notice and the FDA Medical Device Bans webpage.
Self-Employment for Persons with Disabilities
Our recent series of articles on the employment rates and work challenges experienced by persons with disabilities paid only a glancing look at perhaps one of the most viable employment options for persons with disabilities—that of self-employment. According to the US Census Bureau, people with disabilities are almost twice as likely to be self-employed as persons without disabilities (14.7% compared to 8%). Although the challenges of creating and sustaining a small business may seem daunting to most of us, self-employment actually can make sound sense for many workers with disabilities. It really needs to be part of the discussion in the "transistion process" albeit typically it is not.
Preparing for Housing Options
Housing for people with disabilities is an ongoing and evolving issue with many facets. I have a well respected friend and colleague, Terry Steinberg, who has just launched an online series on this important topic. I realize that this tele-class is already underway but I am sure you can catch up and realize the benefit of this important information.
PTSD for People with Intellectual Disabilities
In recent years I have seen a disturbing trend of students with intellectual disabilities coming into my office with severe signs of PTSD, and in many cases given limited language abilities the issues can be very intractable. We are becoming much more aware of post-traumatic stress disorder (PTSD), perhaps because of the experiences of our service men and women in overseas deployments, and its devastating effects on those who suffer from it. However, PTSD as a distinct diagnosis did not enter the DSM-3 until 1980. PTSD, which occurs after exposure to such traumatic events as threat to life or severe injury to self or others, occurs in roughly 20 to 30% of people exposed to such traumatic events. Recent research suggests that those individuals with higher IQs are able to weather the effects of such traumatic events better, perhaps due to their ability to process and discuss their emotional reactions, as well as to gather the resources to ensure a support network. But persons with diminished cognitive abilities are not as fortunate, and it is only fairly recently that we have begun to appreciate that those persons with cognitive impairments are affected by PTSD; in fact, lower intelligence may even be a risk factor for PTSD. How often PTSD occurs in this population, however, is uncertain.
COPAA Announces Inaugural Students’ Rights Initiative Symposium
I am reprinting this announcement from COPAA. This symbosium is great opportunity to develop better self-advocacy skills for a more effective post-secondary outcome.
The Council of Parent Attorneys and Advocates has partnered with the Student Rights Initiative to host the first annual Student Rights Initiative Symposium in Philadelphia, Pennsylvania March 11-13, 2016.
The SRI Symposium will run concurrent to the 2016 annual COPAA conference, and is targeted to address the unique interests and perspective of students with disabilities who are accessing (or trying to access) an appropriate educational program. The inaugural symposium will host students age 14-22 in breakout sessions, keynote addresses, networking, and social outreach to other students, self-advocates, and professionals. The SRI Symposium will teach participating students about (1) the laws that they benefit from; (2) their specific rights and entitlements; and (3) advocacy agendas so that they can be heard in the IEP process and improve education for themselves and all students. Partnering with the Student Rights Initiative enables COPAA to ensure that students with disabilities and their parents are equal members of the educational team, and that they are provided with the type of post-secondary training and preparation to become effective self-advocates beyond their school years.
Executive Director, Denise Marshall, reports that “COPAA is excited to offer this opportunity to empower students to take their rightful role in protecting and enforcing their own educational rights. They are the future and we welcome them into our un-paralled peer-to-peer network.”
Applications for participants are available on our website and must be submitted by February 15, 2016.
Please share this opportunity with anyone you think would be a good candidate for the Symposium, and join the SRI and COPAA in the mission of Protecting Rights, Creating Opportunities and Changing Lives!
# # #
If you would like more information about this topic, please contact Alexis Casillas 818-990-7722 x 250 Denise Marshall 844-426-7224 at or or email
Is Google Illegally Spying On Your Student?
I am reprinting the following article that came to by way of google feed, ironic.
|
Is Google Illegally Spying On Your Students? New FTC Complaint Says It Is Posted: 08 Dec 2015 12:35 PM PST
|
COPAA Statement on ESSA–Congratulations on Developing a Reasonable Compromise
WASHINGTON, DC – Denise Marshall, executive director of The Council of Parent Attorneys and Advocates, Inc. (COPAA) released the following statement regarding the Every Student Succeeds Act (ESSA) amending the Elementary and Secondary Education Act (ESEA).
“COPAA appreciates the bipartisan approach which Chairman Alexander, Ranking Member Murray, Chairman Kline and Ranking Member Scott led in order to complete reauthorization of the ESEA. COPAA has worked diligently – as an independent voice as well as in key coalitions with business, disability and civil rights organizations – to inform and support the legislative process to help ensure that every child continues to have equal access to a high-quality education as well as equal opportunity to achieve his or her full academic potential. We congratulate you on developing a reasonable compromise. Although we have concerns about certain provisions of S. 1177, we write to let you know that we support the conference report and urge its adoption.
COPAA believes the ESSA is stronger than ESEA waivers. It maintains a focus on student academic achievement with requirements to focus Title I dollars on the annual measurement, reporting and basic accountability for the achievement of all students. In particular, COPAA appreciates the emphasis on promoting access to the general curriculum for students with the most significant cognitive disabilities. Key provisions seek to prevent the overuse and abuse of applying alternate standards and utilizing alternate assessments through a required state-level participation cap on these tests. The cap will help states work with districts to ensure that only the students for whom it is appropriate are placed on a state’s alternate academic achievement standard and therefore tested via an alternate assessment.
COPAA also appreciates the new requirement for states to articulate a framework to support districts and improve school conditions by reducing bullying and the overuse of disciplinary practices and aversive practices (e.g. seclusion and restraint)–all of which national data show have a disproportionate impact on students with disabilities. We view this addition as an enormous step toward creating a positive school climate for all students.
We are concerned about the flexibility provided to states and districts regarding subgroup accountability.Without federally defined timeframes to guide the implementation of intervention, schools and districts now have to ensure the timely provision of evidence-based support. We worry that the long-held biases against students with disabilities will prevent quick action. Best practice has shown that, when held to high expectations and provided evidence-based instruction and intervention, the vast majority of students with disabilities can work at grade level alongside their peers. Student subgroups who struggle to meet state standards must be closely monitored, and teachers must receive the training and support necessary so that students can make adequate gains.”
Marshall concluded, “Thank you for your bipartisan leadership and partnership to complete the work on ESSA. We will strive to promote every tenet of ESSA that will fully support students in their journey to obtain a quality public education and achieve high standards with their peers.”
“How to Get People to Like You” and Revisiting the Transition Plan
The Behavioral Analysis Program in the FBI’s Counterintelligence Division is responsible for the “thoughtful process of creating a positive interaction and possible relationship between two individuals, whether the goal is an interview, confession, or development of a confidential source.” You may be asking, “Why am I reading about this in a special education blog?” Because Robin Dreeke, who managed the FBI program for more than 25 years, has published a book entitled, “It’s Not All About ‘Me’: The Top Ten Techniques for Building Quick Rapport with Anyone.” In a nutshell, Mr. Dreeke is talking about the development of social skills, which is a critical piece of the special education puzzle for many of our students. As we have discussed in previous blogs, social skills, or the lack thereof, is what trips up many of our students/children as they enter young adulthood. Rick Lavoie, a social skills training expert, stated: “Social skills deficits are the ultimate determining factor in the child’s future success, happiness, and acceptance.” It’s not enough to be book smart in this world; you also need to have emotional intelligence and people savvy.
Most of Mr. Dreeke’s suggestions, which are crystallized in a Time magazine article, may seem obvious to most of us. Yet, they may not be to our loved ones with disabilities. Admittedly, most of Mr. Dreeke’s strategies are well beyond the scope of most of the client’s in my practice who are still dealing with communication basics: vocal intonation, making eye contact, respecting personal space, etc. But for students who are much higher functioning and capable of abstract thought and introspection, Mr. Dreeke is providing a blue print a la Dale Carnegie on how to make friends and generally succeed in life. To quote the list provided by Time, Mr. Dreeke recommends:
- The single most important thing is non-judgmental validation. Seek someone else's thoughts and opinions without judging them.
- Suspend your ego. Focus on them.
- Really listen, don’t just wait to talk. Ask them questions; don’t try to come up with stories to impress.
- Ask people about what’s been challenging them.
- Establishing a time constraint early in the conversation can put strangers at ease.
- Smile, chin down, blade your body, palms up, open and upward non-verbals
- If you think someone is trying to manipulate you, clarify goals. Don’t be hostile or aggressive, but ask them to be straight about what they want.
These strategies are reminders of what many of our kids may need. For some students, particularly those with autism spectrum disorders, the lack of social skills (as well as other functional living skills) can be deal breakers for them as they move into young adulthood. As we have discussed elsewhere, many of these bright, young adults matriculate at colleges or in jobs and yet fail. They simply don’t have complete skill sets to navigate independent living or post-secondary education. These points could be useful in thinking about and developing goals both in high school and in transition programming.
Emily Iland, an advocate and leader in the autism community, recommends going back to the transition plan for these higher functioning students. Because they have been navigating high school on a college prep academic track, these students haven’t had room to address many of these communication and independent living skills and school districts may not even recognize that they are lacking. Ms. Iland reminds us that these students don’t have to be handed their diplomas at 18; they can continue receiving services until they turn 21.
It is during this transition period that perhaps many of Mr. Dreeke’s recommendations can be integrated into solid transition goals that address pragmatic language deficits, including nonverbal body language, reciprocal speech, and initiating conversations as well as other functional and adaptive skills. Keeping higher functioning 18-year-olds in high school may be a challenge—school districts are not used to not graduating 18-year-olds who have the requisite academic skills—and these higher functioning 18-year-olds, who legally are their own educational decision makers, may utterly balk at not graduating with their peers. However, graduating from high school is a change in placement, and if appropriate can be challenged through due process and the accompanying stay put regulations. It is possible that the student/family can demonstrate that the young adult is not ready for young adult life and needs additional transition services.
I’m not necessarily recommending that every 18 year old with an ASD should continue into a transition program, but I am suggesting that families and school districts consider the student’s needs outside the academic curriculum. The basis for this is of course, a strong and solid transition plan, which unfortunately receives very short shrift for the highest functioning special education students. Mr. Dreeke’s recommendations for “How to Get People to Like You” simply reminds us of some of the skills our students will need as they transition into adulthood.
- « Previous Page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- …
- 62
- Next Page »

