There is good news to report that the U.S. House of Representatives has overwhelmingly passed the ADA amendments. The bill goes to the Senate and if passed and reconciled on to the President for signature. As discussed in an earlier blog this legislation is critical for children with special needs both now and certainly in the future. We should celebrate this victory even though there are hurdles yet to cross. Kudos to COPAA for rallying popular support for this important bill. We also need to achieve  success on the pending IDEIA Fairness Restoration amendments as well.

DePaul Law School, which has always been known for innovative law school teaching coupled with a mission of caring and compassion, is launching a new Special Education Advocacy Clinic in August 2008 (Download specialedclinic0408.pdf
). This clinic will be the first special education law clinic to open in the midwest and will serve special education students who are generally unrepresented and have profound legal needs. This is a wonderful development in the legal scene in Illinois.

Even more wonderful, is that I am going to be the clinical instructor as an adjunct faculty member of the law school, in addition to my full time special education law practice. I have never taught before and the challenge is most invigorating and exciting. I have a great deal of passion for my work and  want to convey that feeling onto the next crop of attorneys who are coming up the ranks. The legal profession takes a lot knocks, some deserved, but there is a lot of good that lawyers are doing and can do in the future.  It is my sincere hope that my teaching in a clinical setting will help inspire others to fight for the rights of children with special needs against the enormous resources of schools. However, I am also  humble enough to recognize that as a new teacher, I should have a greater
appreciation for the hard work that many fine teachers perform
everyday, which will only make me a better and more balanced advocate.

In the coming months, I plan on sharing my experiences as a clinical instructor and may even have occasion to post some blogs from students in my class. Stay tuned, the best is yet to come!

A subjective report filed by teachers on the character of students in Fairfax County Virginia has the potential to set off a firestorm in the district. Among the key findings of the report were that:

"black and Hispanic
students and special education students received lower marks than white
and Asian American students for demonstration of ‘sound moral character
and ethical judgment.’"

These findings are so very hurtful and tend to reinforce the negative views and stereotypes of  segments of students who are apparently perceived to be inferior in fundamental ways.This report, however, can be used in a positive way if it highlights the need for school staff to better understand, more accurately perceive the nature of behaviors and overall have more insight into the needs of special education students.  I am afraid that such optimism will require a basic shift in how we view special education students and minority groups in schools. We have a lot more work to do to knit together more cohesive and compassionate school communities.

This post is a followup to a series of earlier blogs regarding the dispute between the family of a child with special needs and the East Meadow School District in New York over allowing the student to have his service dog in school. The family wanted to have their son’s service dog attend school with him and the school objected because of health and safety issues. The parents sought immediate relief in the form of an injunction–a court order mandating that the dog be immediately allowed into school. The District Court denied the injunction and now the Second Circuit Court of Appeals has affirmed the lower court’s ruling. So for now the parents are left with due process to get an order to have the dog in school.

The Federal government’s employment of people with disabilities is at an all time low according to a Washington Post story. Unemployment generally of people with disabilities is at very high levels of 30% or greater. IDEIA is supposed to produce outcomes that focus on economic self-sufficiency, ability to live in the community and employment. None of the candidates are talking about these issues and a review of their websites shows that this vital issue is not on the rader screen. We need to get it on the radar and insist that questions are asked at debates, town hall meetings and other forums.

The New Jersey legislature is considering a bill that would effectively reverse the effect of Shaffer. This law if passed could serve as a ready model for other states to follow to once again put the burden of proof on school districts in due process cases. Apparently, in New Jersey some districts are not even willing to negotiate with parents since Shaffer. While I have not seen districts to be that brazen as a result of Shaffer, I have seen in many instances an increased level of arrogance and "entitlement" that they have an exclusive claim to wisdom at IEP meetings.

Rolling back precedents like Shaffer and Arlington (expert’s fees to prevailing parents), as proposed in the IDEA Fairness Restoration Act (see discussion below) would have both a legal and psychological effect at IEP meetings and at hearings. I will continue to monitor the progress of this state law.

There is a bill pending in Congress to allow the formation of tax deferred accounts similar to 529 accounts for the college bound, but these accounts are to address the day to day life needs of individuals with disabilities who are not college bound. They are are know as FSAID accounts.Download fsaid_fast_facts.pdf
.

Among the key elements of these proposed plans:

• Allow for rollovers from other accounts;
• Individuals qualify for the plans if they already meet the requirements for SSI;
• Income from the plan will not disqualify an individual from other government benefits;
• Capped at $500,000 (but as with many such programs that cap usually rises over time).

The plan can be used for rent, medical expenses, housing, job training among other relevant expenses.  It is great way to improve the outcomes and quality of life for people with disabilities without jeopardizing other benefits. This legislation is something that we should all be writing our Senators and Congressperson to formally endorse and push through to law.