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 sheer gee whiz alone, the latest technology gizmo is worth checking out. It is called “the FLY”, and it is from LeapFrog Enterprises, the same people who make the LeapPad for students in the early stages of literacy. The FLY is not yet on the market, but it is projected to retail for $99.00. The FLY is being described as a pen-top computer. While this may be a bit of an oversell, it does do some fun and educationally relevant things. For instance, with specially designed “Flypaper,” a student can draw a piano and then use the FLY to play the keys. Draw a calculator and then use the FLY to solve problems. For foreign language exercises, students can write a word in English and hear it translated into Spanish. There is additional software for test preparation in science, math and social studies. For geography exercises, the pen-top can tell you the name of the capital of a state when you point to it, play the national anthem of a country when you point to it on a map, and create timed, interactive geography exercises. Whether the Fly will have applications for children with disabilities remains to be seen, […]
A recent national survey has shown that fully two-thirds of high schoolers have experienced physical harassment and bullying in school, and the vast majority of these incidents are not reported to school personnel. The majority of these incidents center on two primary areas: whether a student looks different from the norm in some way, and whether the student is perceived to be gay, lesbian or bisexual. This survey brings to the fore some difficult realities for children with disabilities in high school. Very often, a student with a disability looks different or acts different in some way. Whether the disability is autism, NVLD, a physical challenge or an attentional issue, the differences are there (though some more obvious than others). Moreover, if that same student is perceived to be other than heterosexual, the student will likely suffer a double dose of harassment and abuse.
Too often school districts’ perceptions of parents are formed based upon preconceived notions and assumptions. The following posting was written for school personnel so they can better understand what motivates and animates parents. This primer may be helpful to better explain to school districts what has gone wrong in the relationship between school and home. At a minimum, parents may want to share this posting with the school personnel to further dialogue.
On Wednesday, October 26, 2005, the L.A. Times featured an interesting article summarizing the findings of a report on the effect of parental involvement on students’ progress. The new study examining why similar California schools vary widely in student achievement produced some surprising results: Involved parents and well-behaved youngsters do not appear to have a major effect on how well elementary students perform on standardized tests. Four other factors seemed to count a lot more, at least when combined in schools, according to EdSource, an independent group that studies state education issues. The study of lower-income schools found that the strongest elements in high-performing schools are as follows: Linking lessons closely to state academic standards; Ensuring there are enough textbooks and other teaching materials; Carefully and regularly analyzing student performance; and Putting a high priority on student achievement. The study’s authors say that these criteria show that poverty and other challenges need not keep students from doing well.
On October 14, 2005, the Seattle Times published a news story about two boys with autism, ages 7 and 8, who were missing from Kokanee Elementary school for two hours before they were found walking near Interstate 405. They were picked up three miles from school by a school bus driver who had been alerted that the students were missing and a KIRO-TV reporter who was in the area reporting on the story. Washington State Patrol troopers were also out searching for the boys after several motorists called 911 to report seeing two young boys wandering the freeway. Here is a book covering means of proactively addressing elopement . Although not written for schools it should offer some good insights.
As the parent of a child with special needs, I have experienced my son being given many labels and diagnoses by both the medical and educational community: physically challenged, seizure disorder, etc., while I, on the other hand, have been given just as many, if not more, labels, albeit unofficially, by everyone from doctors, school staff and relatives, to the nosey checkout lady in the grocery store. Here are just a few I’d like to share:
The Illinois State Board of Education (ISBE) Department of Special Education Services is currently seeking input on the State Performance Plan, which is due to the U.S. Department of Education on December 2, 2005. The Individuals with Disabilities Education Improvement Act of 2004, signed on December 3, 2004, became PL 108-446. In accordance with 20 U.S.C. 1416(b)(1), not later than one year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, each State must have in place a performance plan that evaluates the State’s efforts to implement the requirements and purposes of Part B and describe how the State will improve such implementation. This plan is called the Part B State Performance Plan (Part B SPP). In accordance with 20 U.S.C. 1416(b)(2)(C)(ii) the State shall report annually to the public on the performance of each local educational agency located in the State on the targets in the State’s performance plan. The draft of Illinois’ State Performance Plan may be viewed by clicking here . At this time, Illinois’ SPP includes the required monitoring priority areas as well as their corresponding indicators and measurements. Proposed improvement activities, timelines and resources specific to Illinois have also […]
Illinois law provides for exceptions to the requirement to have your child immunized prior to entering school. The statutory deadline for providing proof of immunization is October 15 or such earlier date as the school designates, unless the parent files an objection based upon religious grounds or registers a medical objection signed by a doctor. See 105 ILCS 5/27-8.1 and 20Ill. Adm. Code 695.30. The medical or religious objection is then filed with the State for its approval. In the event the objection is found insufficient, the child will face exclusion from school until compliance is accomplished. Here some additional guidance from the state on invoking either exemption. While personally, I am not taking a position either for or against immunizations (that is an individual and/or medical decision), parents need to know how they can opt out of the requirement of immunizations in school. Too often, parents either find themselves in a last minute crunch because the school did not give timely notice, or the parent provided a medical objection and the school found the letter to be insufficient. I am attaching a form (in pdf format) that should be sufficient for the school and the State health authorities in […]
We are all riding high on the Chicago White Sox, the new World Champions. Here is another reason to celebrate the Sox organization–they also care about children with disabilities. About a month ago, the Sox organization donated a large block of prime tickets to CNS Foundation so that a group of children with disabilities could go to the game along with their families. CNS Foundation is an organization that raises money to benefit research on diseases and disorders of the Central Nervous System ("CNS"). Many of these children (including my son) had never been to a professional sports game before. The children had a super time, especially when the scoreboard exploded. The food was great and the stadium was incredibly accessible. The stadium staff was helpful without pity. They seemed prepared and accustomed to helping individuals with disabilities. Kudos to the Sox for great baseball and for making the experience accessible and enjoyable.