Numerous parents who unilaterally enrolled their children in private schools (including religious schools) have raised many questions regarding their children’s rights under the new IDEA. In response, I have drafted the following summary of recent Federal guidance on this subject. This summary is general in nature and is not meant to provide specific legal advice. This posting addresses only the changes to the provisions of IDEA 2004 that took effect on July 1, 2005 regarding children with disabilities who are enrolled by their parents in private schools. The relevant IDEA provisions can be found at 20 U.S.C. § 1412 (10)(a). This posting does not address a related set of issues regarding when a parent unilaterally places a child and then claims the offered program in school was not a FAPE. That situation is subject to its own set of requirements, including notice to the school, which is a critical prerequisite not discussed here.
Report on Standardized Testing in Lower-Income Schools Disputes Conventional Wisdom.
On Wednesday, October 26, 2005, the L.A. Times featured an interesting article summarizing the findings of a report on the effect of parental involvement on students’ progress.
The new study examining why similar California schools vary widely in student achievement produced some surprising results: Involved parents and well-behaved youngsters do not appear to have a major effect on how well elementary students perform on standardized tests.
Four other factors seemed to count a lot more, at least when combined in schools, according to EdSource, an independent group that studies state education issues.
The study of lower-income schools found that the strongest elements in high-performing schools are as follows:
- Linking lessons closely to state academic standards;
- Ensuring there are enough textbooks and other teaching materials;
- Carefully and regularly analyzing student performance; and
- Putting a high priority on student achievement.
The study’s authors say that these criteria show that poverty and other challenges need not keep students from doing well.
ISBE Seeking Input on State Performance Plan for Special Education
The Illinois State Board of Education (ISBE) Department of Special Education Services is currently seeking input on the State Performance Plan, which is due to the U.S. Department of Education on December 2, 2005.
The Individuals with Disabilities Education Improvement Act of 2004, signed on December 3, 2004, became PL 108-446. In accordance with 20 U.S.C. 1416(b)(1), not later than one year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, each State must have in place a performance plan that evaluates the State’s efforts to implement the requirements and purposes of Part B and describe how the State will improve such implementation. This plan is called the Part B State Performance Plan (Part B SPP). In accordance with 20 U.S.C. 1416(b)(2)(C)(ii) the State shall report annually to the public on the performance of each local educational agency located in the State on the targets in the State’s performance plan.
The draft of Illinois’ State Performance Plan may be viewed by clicking here . At this time, Illinois’ SPP includes the required monitoring priority areas as well as their corresponding indicators and measurements. Proposed improvement activities, timelines and resources specific to Illinois have also been included. ISBE is seeking stakeholder input in the development of state-level improvement activities and measurable and rigorous targets.
Individuals with comments or questions may email sppinput@isbe.net to provide input. The web-link and e-mail address will be available from October 21, 2005 through November 15, 2005.
A Robin Gavin Symposium for Parents and Professionals – November 5, 2005
The Robin Gavin Symposium for Parents and Professionals is a workshop intended for anyone interested or concerned with the care and well-being of children with special needs. The content focus is on children, but it can be adapted to young adults and adults. The cost of the workshop is $25.00 ($40.00 total when two parents attend) and includes continental breakfast and a box lunch. You may also receive 5 C.E. hours towards E.I. credentialing. Please R.S.V.P. by October 31, 2005.
The Symposium will take place at Arlington Pediatric Therapy Management Services, Ltd., 3105 N Wilke Road, Arlington Heights, IL 60004 (located between Dundee and Rand Roads, Wilke is the frontage road east of route 53).
The schedule for the November 5, 3005, event includes two outstanding programs and training opportunities presented by Barbara T. Doyle, M.S.:
October 2005: Tricks for Halloween Treats for Children with Diabetes
Kids with diabetes face difficult challenges on Halloween. While their friends are trading candy corn for skittles and gorging on sugary treats overflowing from pumpkin buckets and pillow cases, children with diabetes must exercise caution and refrain from indulging on too many Halloween treats. However, Halloween can still be a fun and enjoyable holiday for children with diabetes, and with a little creativity and supervision, they too can indulge in the gooey sweetness of Halloween treats and festivities.
IDEIA 2004 Interactive Telephone Seminar – October 31st, 2005.
The National Association of Administrative Law Judges and the National Judicial College invite your participation in an interactive telephone seminar on the due process hearing related portions of the Individuals with Disabilities Education Improvement Act of 2004, proposed new regulations under the Act, and problems hearing officers and ALJs may be having in implementing the new Act. This invitation is open to everyone but should be of primary interest to Administrative Law Judges, Hearing Officers, and attorney practitioners who regularly conduct or participate in Special Education Due Process Hearings.
The seminar will be held on Monday, October 31, 2005 from:
- Eastern Time: 4:00 to 5:15 p.m.
- Central Time: 3:00 to 4:15 p.m.
- Mountain Time: 2:00 to 3:15 p.m.
- Pacific Time: 1:00 to 2:15 p.m.
No Child Left Behind May Protect Rights of Students with Disabilities
On October 11, 2005, the Washington Post ran an article suggesting that the federal No Child Left Behind Law (NCLB) has helped to institutionalize a process of protections for students with disabilities, whether or not their parents or guardians were in a position to advocate for them through IDEA.
Ricki Sabia, Associate Director for the National Down Syndrome Society Public Policy Center, shared her perspective on the law:
"At national conferences I have seen that some teachers and administrators are beginning to see that segregating students with disabilities in classes without access to the general curriculum or highly qualified–content trained–teachers is partly to blame for the achievement gap," she said. Unfortunately other teachers and administrators are spending more time fighting NCLB than they are spending on narrowing this gap."
"The biggest impact of NCLB may be a revolution in the way we talk about education for students with disabilities," she said. "The standard has always been an appropriate education which provides some minimal benefit or progress on IEP goals. We only heard ‘world class’ or ‘state of the art’ applied to general education. With NCLB, school systems will have to start applying those terms to students with disabilities if they are not to be left behind."
Illinois Hearing Officer Training – October 24, 2005
The Hearing Officer Education Network (HOEN) has asked Charles Fox to participate in the winter training of the Illinois Special Education Due Process Hearing Officers on October 24, 2005 at the ISBE office in Springfield. In an attempt to be fair and balanced, HOEN has invited four panelists to participate: two parent/attorney advocates and two district attorneys. Attorneys Charles Fox and Wally Winter will present on behalf of parents/attorney advocates. Attorneys Mary Klemish and Jay Kraining will present on behalf of the district.
Charles Fox and Wally Winter view this panel discussion as a prime opportunity to express their views on the law, the due process system, and biases and misconceptions in special education. They are inviting all blog readers to express their most pressing issues, so that they may incorporate and synthesize a coherent "parent" perspective for the IHOs. Given the impending nature of the presentation, comments and suggestions should be sent ASAP. You may submit your comments publicly by filling out the "Post a Comment" form below, or you may email Charles Fox and Wally Winter directly by clicking on their names.
October 12th Forum: The Criminalization of Youth In Education
On October 12, 2005, the Chicago Board of Education will be holding a public forum on the criminalization of youth in education. The forum will run from 9:00 a.m. to 2:00 p.m. at the Illinois Institute of Technology, located at 3421 South Federal Street in Chicago.
The goal of the public forum is to "come up with some alternatives to suspension, expulsion and arrest when it comes to dealing with student discipline problems."
The forum will consist of two concurrent break-out sessions. One session will discuss restorative justice, the Chicago Uniform Discipline Code, and the role of police and the juvenile justice system in the criminalization of youth. The other session will cover the role of Chicago Public Schools’ teachers and administrators, parents, community activists and organizations as responders to the student discipline problem.
All those wishing to RSVP to the forum should contact Call Carole Wood at (773) 553-1600.
Fragile X Seminar – October 22, 2005
On Saturday, October 22, 2005, Charles Fox will be speaking at the
annual Educational Seminar for the Fragile X Resource Group of Greater
Chicago. The Seminar will run from 8:15 a.m. to 5:00 p.m. at the Wyndham O’Hare in Rosemont, Illinois. Charles Fox
will present his views on advocacy and consensus building between
parents, educators, and school administrators during the
IEP process. Parents, therapists, educators, and anyone else
interested in learning more about fragile X syndrome are invited to
attend. Continuing Professional Development Units (CPDUs) will be
available.
