Special Education Law Blog
A special education legal resource discussing case law, news, practical advocacy advice, and developments in state and federal laws, statutes and regulations. Postings include insight and sometimes humor from Charles P. Fox, a Chicago, Illinois attorney who is also a parent of child with special needs, and other guest authors.
Here is a message to school personnel "take your hands off the students!" I was recently at a school for a meeting for one of my clients. The meeting had gone well and I was exiting the building ready to get back to the office, when I was stopped in my tracks. I saw a young and small elementary student, who appeared to be a student with special needs, being "lead" by staff with his arms held behind his back. I also heard the offending staff saying to him "come on it's time to use the bathroom." Seeing this sight caused my blood to boil, this student was much smaller then the staff that was manhandling him, and he was obviously in distress. I immediately said something to the staff, asking why they had their hands on the student, she retorted "who are you?" and I answered "a lawyer." The mention of the "lawyer" word (which I invoke sparingly), at least in the immediate instant, got the staff to unhand the student. I quickly explained that I was trained in the techniques that I assumed she was attempting to use and that the hold she was using was not one […]
School district's frequently surprise me with the depth and scope of knowledge that they have on parents. A typical first conversation I have with opposing counsel goes something like: "are you aware of the fact that the parents are on the verge of divorce, mother takes valium and they are nearing foreclosure, so I am concerned that any settlement we enter into will not be viable because of residency issues!" Quite remarkable and far beyond information that should ever be within the ambit of a social developmental study, but this type of information comes to me on a regular basis.
A just released study shows that from 2002 to the present the rate of autism being diagnosed has tripled in the last 8 years in California. That is a simply shocking statistic that should be on the front page of every newspaper in this country. In a time when many cancer rates have declined, there is stubborn and decided increase in the numbers of children with autism. We can no longer accept outdated explanations like the now discredited report from Andrew Wakefield that MMR vaccines are causing autism, especially since the vaccines have been reformulated and the rates keep going up. These numbers are real and are not simply a matter of better identification (although some disagree) or labeling children autistic who once were labeled intellectually challenged. The data shows, and frankly my personal experience over the last 16+ years of practice in the area of special education confirms, an absolute increase in the numbers. I have asked many OTs and SLPs, who have been treating children for years, and their anecdotal accounts are all the same; the numbers in real terms are way up and at an accelerated rate over the last decade. My anecdotal data, although not scientific, […]
It is cold and flu season. Before you give your child with special needs cough medicine consider the following. Children with special needs frequently do not metabolize medications, even over the counter products, the same as their typcial peers, as a result of underlying physical, neurologic, immune or metabolic conditions. A recent report as to the risks of cough and cold medicines for younger children should especially be heeded for parents of children with special needs even if they are chronologically older per the packaging directions. These risks are in addtion to the body of research that some children with special needs are at heightened risk from serotonin inhibitors or SSRIs. During years 2004-2005 an estimated 1,519 infants under the age of two were treated in U.S. emergency rooms for ailments related to bad side effects of cold and cough medicines. Even scarier, in 2005 three infants aged six months or younger died and the underlying cause of death was found to be cold and cough medicines. As a result of these alarming statistics the Food and Drug Administration has issued an advisory to parents to never give cold and cough medicines to children under the age of two, unless […]
One of the most overlooked parts of an IEP is what happens in the event of a fire or natural catastrophe and students need to be evacuated from school building. For me personally, the thought is always an issue of accessibility but that is not the only issue. Some time ago, I represented a child in a Early Childhood program who had a terrible fright reaction associated with loud noises, and fire alarms certainly fell into that category. According to her mother she could run and hide when faced with loud noises, and could very hard to find or even run out of the building; both situations present obvious and extreme dangers.
People say we should count our blessings, and I couldn’t agree more, except when those “blessings” spring from the mouths of unwelcome, disrespectful strangers. I don’t know about you, but I can too often recall some truly blessed moments spent with my family out in the community, only to be ruined by a “well-intentioned,” personal-space trespasser imposing him- or herself on our wonderful day just to “bless our poor, imperfect, blessing-deprived child.” My son has not only been intrusively blessed, but he’s also been questioned, pitied, advised, quizzed, patted on the head, and unfailingly, named “Buddy.” And although I’m ashamed to admit it, every time my son gets “sympathetically accosted,” I’m so shell-shocked and taken aback in that moment, that I can’t think of the right thing to say to diffuse the meddlesome, uninvited “well-wisher.” That is why I’ve decided to arm myself (and hopefully you too) in advance with a few preplanned, “off-the-cuff” responses to some of the all too common space-invading intrusions. Please feel free to adopt any you see fit and together, hopefully those of us who prefer it, will be blessed only when we sneeze.
Comprehensive Accomodations Manual is a Good Reference for Your Next IEP and for High Stakes Testing
At too many meetings issues related to accomodations and modifications get short time and little attention. If it is not on the computer IEP drop down menu or check list chances are good that there will be little to no discussions of the individual needs that your child/student has for particular accomodations. This back of the IEP list of supports can be as important and sometimes more important than the goals or even the services. It is important to remember that for purposes of high stakes testing (e.g. SAT and ACT) if there has not been a history of the IEP containing accomodations that have been in fact accessed the student will likely not get support from ETS. It is important to document the need and use of accomodations years prior to taking high stakes testing. The following is a very comprehensive and well organized manual of accomodations and modifications that is a useful reference as you get ready for your next meeting. Download AccommodationsManual.pdf. See ETS research report on testing accomodations for writing . With the ACT and SAT testing coming up, many students have applied for testing accomodations. Some will be denied. You may want to consider using these resources from […]
A recently published article reveals that the number of reported special cases has increased over time. That does not square with the numbers and my experience in Illinois. The empirical data shows an overall decrease in cases going to hearing. It may be that more cases are being brought by schools to block IEEs. Also given the increasing evidence of zero tolerance for behaviors, more students are backed into a corner and need to sue to protect their rights since there is no partner to find common and reasonable ground to negotiate. Child find is another area that is ripe for litigation in the wake of so many misconceptions regarding RtI (more on this later). All of these are likely areas for dispute but not as much in Illinois even though, in the city I am filing many due process cases ostensibly over abuse of the RtI process.
In the past month traumatic brain injuries have been getting a lot of media attention, from press coverage of the shooting of U.S. Rep. Gabrielle Giffords to the recent American Idol episode where contestant Chris Medina shared a personal story of his fiancée’s struggle. Medina told “Idol” judges Jennifer Lopez, Steven Tyler and Randy Jackson that two months before their wedding, his fiancée was in a serious accident. She sustained serious brain damage, and was in a coma for a month and a half. Mr. Medina told the judges that after she awoke, “Everything changed.” This is a phrase that all traumatic brain injury survivors and their families can relate to. His fiancée is not partially paralyzed and looks like a shadow of the person in the photographs from before the accident that were shown on the show. TBIs occur when an external force traumatically injures the brain. BI can cause a host of physical, cognitive, emotional, and behavioral effects, and outcome can range from complete recovery to permanent disability. Because of the range of effects TBIs can be difficult to plan for and accommodate in the school setting. It is important that individuals with TBIs and their families work with […]
IEP meetings should be wonderful team building endeavors. Therapists and teachers wouldn't argue with parents that children don't actually need more therapy, functional academics, or to eat or drink during the day. Classrooms would be inclusive and progress on goals would be phenomenal. For example, at a recent meeting I expressed that it would be beneficial for my client to use his gait trainer (which would be provided at no cost to the district) for 30 minutes everyday in the hallways. I was then told by the physical therapist that this was not a functional goal for him, and not part of his IEP. I suggested we develop a goal for walking to a peer, teacher, or place in the school. Than I explained how walking is a functional goal for the student. All along I had thought that the physical therapists knew that walking was functional. Tip #1 assume nothing.