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.
For most parents, the most feared words when it comes to toys is "some assembly required." For parents of children with special needs, the struggles with toys go beyond plugging peg A into hole B. There are all kinds of issues lurking, some more obvious than others. Is the toy too loud and over stimulating for a child with sensory issues? Is it still age appropriate to play with typical peers? Is it sufficiently accessible for hands that lack normative dexterity? A trip to Toys “R” Us for parents of special needs children can be daunting. While fighting crowds and the stress of the holidays, you are left to make a judgment on the issues discussed above, among others. For the faint hearted and stymied, there are always musical selections, but buying music can be rather ordinary. It does not push the developmental envelope, nor does it require engagement with peers. After all, toys are fun, but they also serious business when it comes to the emotional and social growth of a child. Play has been shown to be an essential part of development. At last, there is an answer for all of those parents, friends and family grappling […]
Every year, the onset of the holidays gets my mind wandering to a simpler place and time before children. And I ask myself, when did life become so complicated? When did special needs become so specialized? Here are just a few warm childhood memories I’d like to share, some of which are my own and some which belong to Hallmark.
It happens with some degree of frequency that a teacher or therapist reveals “inside” information to parents or their attorney that is damaging to the school district’s interests. In fact, I had a case where the speech therapist working at the school, from the school cooperative, testified extensively as to how the school was not properly implementing services for the child. She was subsequently called in and reprimanded, but she held her ground and the case settled without further repercussions for her. The question is, in the event she had been fired or demoted in some way, would she have a 1st amendment claim for speaking out at a hearing and to the parents?
Tenacious rational optimism is the way I approach challenges related to my son’s disabilities and my client-children’s needs as well. One of the wellsprings for my optimism comes from a set of technologies that I now have learned has an acronym: GRIN technologies–genetics, robotics, information technology and nanotechnology. This set of technologies holds great potential for the future of all people, but especially for individuals with special needs. The tie-in with education is obvious. Our children need to be ready to access these GRIN technologies when they become available. Just as we do physical therapy to keep muscles conditioned for a child’s day-to-day functioning, long term, the child’s body needs to be physically ready to take advantage of future advances, whether medical or technological or a combination of both. Without an appropriate education that consists of solid core skills, the child’s mind will not be ready to access that which is coming down the road. There simply is no room for sentiments that suggest that there is no point in trying and reaching for more from out children’s education. The future is bright with possibilities if our children are prepared for it.
The U.S. Supreme Court has requested that the Solicitor General’s Office for the United States submit briefs regarding the merits of a case that is pending appeal. The case is Arlington Central School District Board of Education v. Murphy (No.05-18). The Murphy case presents the question as to whether expert’s fees are recoverable under IDEA. This question has been answered in the negative in the T.D. v. La Grange Sch. Dist. case in the 7th Circuit and in Illinois. If Murphy were to be accepted for appeal and decided favorably for the parents’ side, it would effectively reverse the decision in T.D.
In these few words the author embodies a great deal of wisdom. He is 13 years old, physically challenged, and in 7th grade. Without technology and teachers who have believed in him, he would never be able to express these feelings. You will forgive my admiration for this posting, it comes from the pride of a father for his son: A Person Is Inside — by Cole I. Fox To be different physically can be demanding. Doing homework can take every bit of energy I have. Just sitting is tiring. People don’t really even give me credit for my work. They think my aid is doing it. I just need physical help. My brain is fine. A different body requires special care to remember a person is inside.
One of my daughter’s favorite books, If You Give a Mouse a Cookie by Laura Joffe Numeroff, inspired the following posting:
In the Chicken Little story that is currently playing in theaters, Chicken Little, the main character, tells all the other animals that the sky is falling. Without any real consideration for the truth of the matter, the animals believe her. The only one who benefited from this situation was the cool-headed Foxy Loxey who takes full advantage of the situation. Well, after one week of commentators and other attorneys proclaiming that the sky is falling after Schaffer v. Weast, I am here to tell you that is just false. If I am destined to play the part of Foxy Loxey in the post-Schaffer legal drama, so be it. Otherwise, strategic school people may prey on parents’ fears and misconceptions.
Numerous parents who unilaterally enrolled their children in private schools (including religious schools) have raised many questions regarding their children’s rights under the new IDEA. In response, I have drafted the following summary of recent Federal guidance on this subject. This summary is general in nature and is not meant to provide specific legal advice. This posting addresses only the changes to the provisions of IDEA 2004 that took effect on July 1, 2005 regarding children with disabilities who are enrolled by their parents in private schools. The relevant IDEA provisions can be found at 20 U.S.C. § 1412 (10)(a). This posting does not address a related set of issues regarding when a parent unilaterally places a child and then claims the offered program in school was not a FAPE. That situation is subject to its own set of requirements, including notice to the school, which is a critical prerequisite not discussed here.
The Holidays are rapidly approaching, bringing with them a host of festivities, and gatherings. For children with social disabilities and sensitivities to sensory stimuli, this time of year can cause increased anxiety and frustration. The noted “To be Jolly” Season can often be difficult for children with special needs as well as their families. One or more of the following suggestions my help everyone enjoy the Season and each other: