The safety of drugs prescribed for ADHD have again been called into question. For depression the effectiveness of anti-depressants has been raised in a recent report reported in the Washington Post. Fortunately, under IDEA 2004, parents do not have to make a harsh choice between receiving services and having their child take medications that may not be effective (but frequently have side-effects) or in some cases can have serious risks. Among the beneficial changes to IDEA 2004 is that schools can not condition the provision of services on parents medicating their children.
Sound Methods and Teacher Training Do Matter
IDEA 2004 mandates using research based teaching methods and that teachers should be highly qualified. To put it more simply it calls for good teaching in the hands of good teachers. Implicit in this equation is that the law also require good educational leadership. I know well funded mandates are a critical component. Nevertheless, District 60, an economically poor district, in Pueblo Colorado has demonstrated over time that well trained teachers using research based materials (e.g. Lindamood Bell) at the direction of an innovative school administration can overcome shortages of cash.
Read Your IEP Backwards
As any avid reader of the sports section of a tabloid-style newspaper knows, the way to read the paper is to start at the back and work forwards. IEPs should be given similar back to front attention.
IDEA 2004 Rights In Danger
Wrightslaw has put out an urgent bulletin regarding implementation of IDEA 2004 that is against parents’ interests and requires immediate calls and emails to your Congressperson and Senator. Congressional email addresses can be easily found in this directory.
Since the postal anthrax contamination of a few years ago email is the most effective way of contacting your Federal representatives.
Special Education Regulations On the Slow Track
At first there was much hype and expectation the new special education regulations were on the fast track. It now appears according to one group that the U.S. Department of Education may take until next Fall or later to promulgate the new regulations.
Charles P. Fox Presenting on Changes in the Law
I will be presenting on changes in IDEA on March 8, 2006 see details below:
The “E” in IEP is More Than Grades
Schools refuse to accept the fact that "education" as used in an I’E’P is not just grades. This issue comes up in the context of arguments over whether FAPE has been provided, and whether a child should be eligible for an IEP. The argument frequently turns on whether a child who earns good or even exceptional grades can be eligible, and whether good grades insulate a district from charges that FAPE has been denied. Schools view the scope of their responsibility narrowly to include only academics, frequently to the exclusion of equally important issues such as emotional and social well being. Two new cases have squarely addressed the issue of eligibility, and an old case that I successfully tried answered the question as to FAPE.
Universal Design Should Be Implemented Now
Universal design of an environment, product,website or a curriculum allows usability to all people to the maximum extent possible. Principles of univeral design have been recognized for a number of years. In the new IDEIA the term "universal design" is vaguely defined but then it is not applied to the substantive areas of the Act.
IDEA 2004 Analyzed in Law Review Article
Professor Mark Weber of DePaul University Law School, has recently published in the University of Florida Law School Law Review [full text is only available online for a fee to Westlaw] a very useful article on IDEA 2004. His comments, analysis and research offer excellent insights, overview of the law and recent cases pertaining to IDEA 2004. Check the link for an excerpt.
School Crime Rates Down Significantly
A recent comprehensive study from the Department of Education and the Bureau of Justice Statistics have found that from 1992 to 2003 there have been major improvements in student safety in schools. The overall rate has dropped over 40%. The report indicates very low rates of serious violent crimes, but rates of theft, drugs and bullying are still widespread problems.
