It happens with some degree of frequency that a teacher or therapist reveals “inside” information to parents or their attorney that is damaging to the school district’s interests. In fact, I had a case where the speech therapist working at the school, from the school cooperative, testified extensively as to how the school was not properly implementing services for the child. She was subsequently called in and reprimanded, but she held her ground and the case settled without further repercussions for her. The question is, in the event she had been fired or demoted in some way, would she have a 1st amendment claim for speaking out at a hearing and to the parents?
G.R.I.N. and Get Ready for the Future
Tenacious rational optimism is the way I approach challenges related to my son’s disabilities and my client-children’s needs as well. One of the wellsprings for my optimism comes from a set of technologies that I now have learned has an acronym: GRIN technologies–genetics, robotics, information technology and nanotechnology. This set of technologies holds great potential for the future of all people, but especially for individuals with special needs. The tie-in with education is obvious. Our children need to be ready to access these GRIN technologies when they become available. Just as we do physical therapy to keep muscles conditioned for a child’s day-to-day functioning, long term, the child’s body needs to be physically ready to take advantage of future advances, whether medical or technological or a combination of both. Without an appropriate education that consists of solid core skills, the child’s mind will not be ready to access that which is coming down the road. There simply is no room for sentiments that suggest that there is no point in trying and reaching for more from out children’s education. The future is bright with possibilities if our children are prepared for it.
U.S. Supreme Court Considers An IDEA Case for Appeal on Expert’s Fees and Rejects Two Other IDEA Cases
The U.S. Supreme Court has requested that the Solicitor General’s Office for the United States submit briefs regarding the merits of a case that is pending appeal. The case is Arlington Central School District Board of Education v. Murphy (No.05-18). The Murphy case presents the question as to whether expert’s fees are recoverable under IDEA. This question has been answered in the negative in the T.D. v. La Grange Sch. Dist. case in the 7th Circuit and in Illinois. If Murphy were to be accepted for appeal and decided favorably for the parents’ side, it would effectively reverse the decision in T.D.
Schaffer v. Weast: The Sky is Not Falling
In the Chicken Little story that is currently playing in theaters, Chicken Little, the main character, tells all the other animals that the sky is falling. Without any real consideration for the truth of the matter, the animals believe her. The only one who benefited from this situation was the cool-headed Foxy Loxey who takes full advantage of the situation. Well, after one week of commentators and other attorneys proclaiming that the sky is falling after Schaffer v. Weast, I am here to tell you that is just false. If I am destined to play the part of Foxy Loxey in the post-Schaffer legal drama, so be it. Otherwise, strategic school people may prey on parents’ fears and misconceptions.
Pen-Top Computer May Be a Help to Some Children With Disabilities
For sheer gee whiz alone, the latest technology gizmo is worth checking out. It is called “the FLY”, and it is from LeapFrog Enterprises, the same people who make the LeapPad for students in the early stages of literacy. The FLY is not yet on the market, but it is projected to retail for $99.00.
The FLY is being described as a pen-top computer. While this may be a bit of an oversell, it does do some fun and educationally relevant things. For instance, with specially designed “Flypaper,” a student can draw a piano and then use the FLY to play the keys. Draw a calculator and then use the FLY to solve problems. For foreign language exercises, students can write a word in English and hear it translated into Spanish. There is additional software for test preparation in science, math and social studies. For geography exercises, the pen-top can tell you the name of the capital of a state when you point to it, play the national anthem of a country when you point to it on a map, and create timed, interactive geography exercises.
Whether the Fly will have applications for children with disabilities remains to be seen, as this technology is still untried in the classroom. But given its low cost, it does not present a huge investment to try it out and see. It may in fact help struggling readers and be a useful tool for math exercises. Even though it will never replace a laptop computer for power and functionality, it is fairly unobtrusive, so a child may be more likely to use it. One of my personal frustrations is when I fight hard for a laptop at the parents’ request, and the school finally complies, only to have the child refuse to use it because of the “geek factor”. Most teens would rather do anything other than use a piece of technology that stigmatizes them as different. In any event, the FLY satisfies my personal fantasy from third grade, when I looked at my pencil in math and wished that it could give me the answers. Now it can.
To read the LeapPad Enterprise press release for the FLY (in .pdf format), click here.
From Teasing to Torment: New National Report on School Bullying
A recent national survey has shown that fully two-thirds of high schoolers have experienced physical harassment and bullying in school, and the vast majority of these incidents are not reported to school personnel. The majority of these incidents center on two primary areas: whether a student looks different from the norm in some way, and whether the student is perceived to be gay, lesbian or bisexual. This survey brings to the fore some difficult realities for children with disabilities in high school. Very often, a student with a disability looks different or acts different in some way. Whether the disability is autism, NVLD, a physical challenge or an attentional issue, the differences are there (though some more obvious than others). Moreover, if that same student is perceived to be other than heterosexual, the student will likely suffer a double dose of harassment and abuse.
Hostile Parents Are Made, Not Born – A Primer for Schools to Understand Parents
Too often school districts’ perceptions of parents are formed based upon preconceived notions and assumptions. The following posting was written for school personnel so they can better understand what motivates and animates parents. This primer may be helpful to better explain to school districts what has gone wrong in the relationship between school and home. At a minimum, parents may want to share this posting with the school personnel to further dialogue.
Recent Elopement in School Is a Dangerous Problem Needing Proactive Solution
On October 14, 2005, the Seattle Times published a news story about two boys with autism, ages 7 and 8, who were missing from Kokanee Elementary school for two hours before they were found walking near Interstate 405. They were picked up three miles from school by a school bus driver who had been alerted that the students were missing and a KIRO-TV reporter who was in the area reporting on the story. Washington State Patrol troopers were also out searching for the boys after several motorists called 911 to report seeing two young boys wandering the freeway.
Here is a book covering means of proactively addressing elopement . Although not written for schools it should offer some good insights.
Exceptions to the Illinois School Immunization Law
Illinois law provides for exceptions to the requirement to have your child immunized prior to entering school. The statutory deadline for providing proof of immunization is October 15 or such earlier date as the school designates, unless the parent files an objection based upon religious grounds or registers a medical objection signed by a doctor. See 105 ILCS 5/27-8.1 and 20Ill. Adm. Code 695.30. The medical or religious objection is then filed with the State for its approval. In the event the objection is found insufficient, the child will face exclusion from school until compliance is accomplished. Here some additional guidance from the state on invoking either exemption.
While personally, I am not taking a position either for or against immunizations (that is an individual and/or medical decision), parents need to know how they can opt out of the requirement of immunizations in school. Too often, parents either find themselves in a last minute crunch because the school did not give timely notice, or the parent provided a medical objection and the school found the letter to be insufficient. I am attaching a form (in pdf format) that should be sufficient for the school and the State health authorities in most cases, so parents will not have to reinvent the wheel each year. I cannot represent that this form will work in every case; my strong suggestion is to file it early in the year to allow parents time to provide any additional documentation to invoke the immunization exception. Click here to download the form.
Chicago White Sox
We are all riding high on the Chicago White Sox, the new World Champions. Here is another reason to celebrate the Sox organization–they also care about children with disabilities. About a month ago, the Sox organization donated a large block of prime tickets to CNS Foundation so that a group of children with disabilities could go to the game along with their families. CNS Foundation is an organization that raises money to benefit research on diseases and disorders of the Central Nervous System ("CNS").
Many of these children (including my son) had never been to a professional sports game before. The children had a super time, especially when the scoreboard exploded. The food was great and the stadium was incredibly accessible. The stadium staff was helpful without pity. They seemed prepared and accustomed to helping individuals with disabilities. Kudos to the Sox for great baseball and for making the experience accessible and enjoyable.
