It is that magic time called "Back to School." For most of my clients it is not so magic, more like nerve racking. Transportation seems to be the first issue that rears its ugly head:
Winkleman Case To Determine Whether Parents Can Represent Claims In Court
The U.S. Supreme Court has another case relating to IDEA pending on its docket, Winkelman v. Parma School District from Ohio. The underlying case from the Court of Appeals for the 6th Circuit is reported at Download Winkelman_v. Parma School District.pdf
. In this very brief decision, the Federal Appeals Court held that IDEA does not permit parents to represent their children’s rights in court. Parents apparently are smart and capable enough to handle the rigors of representation at IEP meetings, mediation, resolution sessions and even at due process, but court is out of bounds according to the Winkleman court. The Supreme Court is considering the parents petition to appeal the case to resolve a split in the Federal Courts of Appeal, as the 1st Circuit Court of Appeals based in Maine ruled the opposite way to Winkleman. If the appeal is granted the case would be argued during the next term of the court.
Arlington Central v. Murphy: Making Parents Partial Not Whole
The U.S. Supreme Court decided the case of Arlington Central v. Murphy [Download Arlington Central_v. Murphy.pdf
]. The decision was 6-3 in favor of the school district’s case and essentially ruled that prevailing parents can not recover expert’s fees as part of recoverable "costs" under IDEA. A longstanding legal maxim is that the winning plaintiff should be made whole; under Arlington Central the Supreme Court has put prevailing parents in the position where they will be made partial not whole after winning a due process case. So parents are 0-2 in recent years before the U.S. Supreme Court. For a legal analysis of the case and its potential legal doctrine ramifications click here . The question remains to what extent has the legal landscape changed as a result of Shaffer and Arlington Central.
Disability Pride Parade July 22, 2006
The annual Disability Pride Parade is set for July 22, 2006 in downtown Chicago. This is a national event. The deadline for registration is July 5, 2006 ! The mission statement of the parade organizers is as follows:
The overall mission of the Disability Pride Parade is:
To change the way people think about and define “disability”;
To break down and end the internalized shame among people with Disabilities; and
To promote the belief in society that Disability is a natural and
beautiful part of human diversity in which people living with
Disabilities can take pride.
To organize a fully inclusive, annual event that will celebrate and
strengthen the pride, power, and unity of people with disabilities, our
families, and allies;
To generate national visibility of the Disability community.
Fatherhood and Special Education
Perhaps because it is Father’s Day I feel the need to reflect on the role of fathers and men generally in advocating for their children’s rights. In the vast majority of cases the burden for advocacy falls on the mother. Fathers and men too often fail to realize that sometimes just showing up at a meeting in support of the child can make an enormous difference. In my list of essential advocacy points, I list that "men must attend meetings." [number 11] I was actually accused of being a male chauvinist for stating this position at a parent training.
Next Stop Special Education
According to the law special education is a set of services and is not a place. Well truer words were never spoken. It is not a place for many children that I represent, it is many places from year to year. I have numerous children who I represent that come to me having been in five different buildings, albeit in the same "program" in five years. It gives new meaning to the phrase "mobile classroom". When the parent protests they are of course told that special education is not a place…
The Time is Not Right…
As the school year winds down to the last few weeks for many children, what I hear from many school people is that various suggestions can not be done NOW because the year is almost over. Curiously, throughout the year the time never seems right.
A Survival Guide to High School for Students with (and Without) Disabilities By David A. Kuriniec [Part 2]
Below is the second part of the essay and observations by David Kuriniec, who is a young adult with a disability who attends a 4 year University.
A Survival Guide to High School for Students with (and Without) Disabilities By David A. Kuriniec [Part 1]
Two roads diverged in a wood, and I—
I took the one less traveled by,
And that has made all the difference.
-Robert Frost, “The Road Not Taken,” 1916, lines 18-20
I am a young adult with a disability. I atttend a 4 year university and have an enoromous amount of experience to share regarding survival both in High School and in life. At six months old, I was diagnosed with Cerebral Palsy ("CP"). The only limitations resulting from my CP are physical. Nevertheless, those limitations required the district to provide an aide whose tasks were to take notes and assist in any other essential daily functions. With the role of the aide came the immediate suspicion on the part of my peers that he or she was the one completing assignments and not me. I was, despite the aforementioned fact, the talk of the town; you see, I had a motorized scooter, and everyone’s day was made if he or she had a ride on its back at recess. But as junior high school came, cliques began to form; in other words, students realized that I was different and began leaving me out of activities and sometimes acted as if my existence was not a reality. That forced me to ask the painful question: “why me?” Suicide did cross my mind. But I hung on and found other pursuits, mainly intellectual in nature, to keep my mind stimulated and numb the emotional pain.
Things changed as I entered high school. In the first semester, because I had a love for baseball, (and still do—Let’s go White Sox!) I wanted to be a sports broadcaster; a position in that arena would allow me to travel the country and experience the game I love. But then, I sat at home one day and watched ESPN; on the screen, the anchor was detailing the Supreme Court’s holding in PGA Tour Inc v. Martin 532 U.S. 661 (2001). This case helped to spur my passion for advocacy and catapulted my life in a truly unexpected direction. It was after hearing about the case that I wrote Congressman Mark Kirk, who has since been a great ally and voice in Congress, supporting initiatives that help to make society more open and accessible to people with disabilities. But a full explanation of my activism is beyond the scope of this piece; what is important here is that socialization became even harder in high school, because students who I believed were my friends ostracized me because they thought that what I was doing was “gay.” I realized, after quite a bit of deep thought, that their ad hominem attacks were immature and that they did not truly comprehend the reasons for my actions or its positive impact on the community.
It was because of my struggles and challenges in high school that I began to consider at length the concept of inclusion. I had first considered inclusion in an article I had begun writing for a journalism class. In that class I had detailed the experiences and opinions relative to inclusion of two other students with disabilities and various teachers at school. Following the completion of the article, I sat down and thought about all the things teachers had done over the course of my entire educational career to ensure that I was truly included. As I examined the list, I realized that my inclusion was successful because I too had done everything discussed below. So, without further introduction, here is the list, supplemented with short anecdotes and/or supporting arguments. Students should:
Kevin Bartol Here are Some Words of Apology
Thanks to the creativity of Liz Ditz who writes the blog I Speak of Dreams, the following is a suggested public apology for Kevin Bartol. Now if he would only be smart enough to actually adopt her statement, he can then rejoin the ranks of thinking people everywhere.
To the parents and students in Baraboo and other districts around the
nation:I was elected to the Baraboo school board, but I didn’t study for the
job. I was shamefully ignorant of federal legislation under the
Individuals with Disabilities Act (IDEA) and Section 504 of the
Rehabilitation act of 1973. I didn’t even try to learn about the
realities some of the students in my district face, those with mental
and physical disabilities that hinder their ability to learn.Students, when you don’t study for a test, your ignorance only hurts
you. My failure to study hurt a lot of people. I am truly sorry. I
will try to master the law, and I will try to understand the challenges
facing students with mental and physical disabilities. I know my job
is to make decisions that affect all students in the Baraboo district,
and I pledge to understand the opportunities and constraints the
district faces.Sincerely,
Kevin Bartol
- « Previous Page
- 1
- …
- 5
- 6
- 7
- 8
- 9
- …
- 11
- Next Page »
