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.
In what could be a very significant break though in the law, the Supreme Court agreed to review the 6th Circuit decision in Fry v. Napoleon. Fry was a case involving allowing a service dog in school and whether parents need to exhaust administrative remedies before going to court. Exhaustion means that parents need to pursue a case through the hearing process before bringing a case to court. Obviously having to litigate before an administrative tribunal that often has limited jurisdiction before being able to litigate issues in court creates a significant hurdle to full adjudication. Here is the Justice Department's brief seeking review in the Supreme Court. Fry if decided for the parents may allow greater access to court for cases under ADA, 504 and IDEA. Stay tuned it is going to be interesting.
I am reproducing this press release from COPAA. It is always great to have a reason to celebrate progress even if long overdue. Ban specifically prohibits use due to significant psychological and physical risks. There is much more work that needs to be done on issues related to restraint, time out and universal use of nonaversive behavioral intervention in favor of positive proactive measures, but this announcement is an important step on that path. WASHINGTON, DC – In support of the U.S. Food and Drug Administration (FDA) announcement to issue a ban on the use of electrical stimulation devices (ESDs) intended to reduce aggressive or self-injurious behaviors that disproportionately are used on people with intellectual or developmental disabilities, The Council of Parent Attorneys and Advocates, Inc. (COPAA) issued the following statement: “I read this news with tears in my eyes and warmth in my heart to know that the end to this barbaric practice is finally in sight” stated Denise Marshall, COPAA executive director. “Too many labeled individuals have repeatedly suffered torture and abuse on the basis of their disability. We know this announcement cannot erase their pain, so in the words of Albert Einstein we must ‘Learn from yesterday, […]
Our recent series of articles on the employment rates and work challenges experienced by persons with disabilities paid only a glancing look at perhaps one of the most viable employment options for persons with disabilities—that of self-employment. According to the US Census Bureau, people with disabilities are almost twice as likely to be self-employed as persons without disabilities (14.7% compared to 8%). Although the challenges of creating and sustaining a small business may seem daunting to most of us, self-employment actually can make sound sense for many workers with disabilities. It really needs to be part of the discussion in the "transistion process" albeit typically it is not.
Housing for people with disabilities is an ongoing and evolving issue with many facets. I have a well respected friend and colleague, Terry Steinberg, who has just launched an online series on this important topic. I realize that this tele-class is already underway but I am sure you can catch up and realize the benefit of this important information.
In recent years I have seen a disturbing trend of students with intellectual disabilities coming into my office with severe signs of PTSD, and in many cases given limited language abilities the issues can be very intractable. We are becoming much more aware of post-traumatic stress disorder (PTSD), perhaps because of the experiences of our service men and women in overseas deployments, and its devastating effects on those who suffer from it. However, PTSD as a distinct diagnosis did not enter the DSM-3 until 1980. PTSD, which occurs after exposure to such traumatic events as threat to life or severe injury to self or others, occurs in roughly 20 to 30% of people exposed to such traumatic events. Recent research suggests that those individuals with higher IQs are able to weather the effects of such traumatic events better, perhaps due to their ability to process and discuss their emotional reactions, as well as to gather the resources to ensure a support network. But persons with diminished cognitive abilities are not as fortunate, and it is only fairly recently that we have begun to appreciate that those persons with cognitive impairments are affected by PTSD; in fact, lower intelligence may even […]
I am reprinting this announcement from COPAA. This symbosium is great opportunity to develop better self-advocacy skills for a more effective post-secondary outcome. The Council of Parent Attorneys and Advocates has partnered with the Student Rights Initiative to host the first annual Student Rights Initiative Symposium in Philadelphia, Pennsylvania March 11-13, 2016. The SRI Symposium will run concurrent to the 2016 annual COPAA conference, and is targeted to address the unique interests and perspective of students with disabilities who are accessing (or trying to access) an appropriate educational program. The inaugural symposium will host students age 14-22 in breakout sessions, keynote addresses, networking, and social outreach to other students, self-advocates, and professionals. The SRI Symposium will teach participating students about (1) the laws that they benefit from; (2) their specific rights and entitlements; and (3) advocacy agendas so that they can be heard in the IEP process and improve education for themselves and all students. Partnering with the Student Rights Initiative enables COPAA to ensure that students with disabilities and their parents are equal members of the educational team, and that they are provided with the type of post-secondary training and preparation to become effective self-advocates beyond their school years. […]
I am reprinting the following article that came to by way of google feed, ironic. Is Google Illegally Spying On Your Students? New FTC Complaint Says It Is Posted: 08 Dec 2015 12:35 PM PST Google Apps for Education has recently come under fire with a Federal Trade Commission complaint filed by a nonprofit organization, Electronic Frontier Foundation. In a press release issued last week, EFF claims that Google’s “Chrome Sync” function allows it to mine student data in violation the Student Privacy Pledge signed by Google earlier this year. If true, EFF’s claims could establish not only a violation of FTC rules, but also a violation of federal and some state laws. Google denies that the claims have any merit, claiming that it strips all identifying information from Sync data before using it for non-school purposes, and that it does not improperly advertise or market to students. At this time, there has been no finding that Google’s actions violate its Pledge or any other state or federal law. Understanding the issues at play in this case is essential for school leaders, however, who are tasked with ensuring that school-supplied electronic devices, software, apps, and services comply with relevant […]
WASHINGTON, DC – Denise Marshall, executive director of The Council of Parent Attorneys and Advocates, Inc. (COPAA) released the following statement regarding the Every Student Succeeds Act (ESSA) amending the Elementary and Secondary Education Act (ESEA). “COPAA appreciates the bipartisan approach which Chairman Alexander, Ranking Member Murray, Chairman Kline and Ranking Member Scott led in order to complete reauthorization of the ESEA. COPAA has worked diligently – as an independent voice as well as in key coalitions with business, disability and civil rights organizations – to inform and support the legislative process to help ensure that every child continues to have equal access to a high-quality education as well as equal opportunity to achieve his or her full academic potential. We congratulate you on developing a reasonable compromise. Although we have concerns about certain provisions of S. 1177, we write to let you know that we support the conference report and urge its adoption. COPAA believes the ESSA is stronger than ESEA waivers. It maintains a focus on student academic achievement with requirements to focus Title I dollars on the annual measurement, reporting and basic accountability for the achievement of all students. In particular, COPAA appreciates the emphasis on promoting […]
The Behavioral Analysis Program in the FBI’s Counterintelligence Division is responsible for the “thoughtful process of creating a positive interaction and possible relationship between two individuals, whether the goal is an interview, confession, or development of a confidential source.” You may be asking, “Why am I reading about this in a special education blog?” Because Robin Dreeke, who managed the FBI program for more than 25 years, has published a book entitled, “It’s Not All About ‘Me’: The Top Ten Techniques for Building Quick Rapport with Anyone.” In a nutshell, Mr. Dreeke is talking about the development of social skills, which is a critical piece of the special education puzzle for many of our students. As we have discussed in previous blogs, social skills, or the lack thereof, is what trips up many of our students/children as they enter young adulthood. Rick Lavoie, a social skills training expert, stated: “Social skills deficits are the ultimate determining factor in the child’s future success, happiness, and acceptance.” It’s not enough to be book smart in this world; you also need to have emotional intelligence and people savvy. Most of Mr. Dreeke’s suggestions, which are crystallized in a Time magazine article, may seem […]