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.
Since 2000, the Illinois State Board of Education (“ISBE") has published guidelines for medication administration in schools. A .pdf version of the policy is available in detail here . Much of the policy is as expected: medications, whether over-the-counter or prescription, can only be dispensed by the duly qualified school nurse. Medications must be properly labelled. Controlled substances must be kept in a locked cabinet that is “securely affixed to the wall." In addition, “Nurses have the right and the responsibility to decline to administer a medication if they feel it jeopardizes student safety." In such an event, the parent or guardian, doctor and administrator must be notified.
On Saturday, October 22, 2005, Charles Fox will be speaking at the annual Educational Seminar for the Fragile X Resource Group of Greater Chicago. The Seminar will run from 8:15 a.m. to 5:00 p.m. at the Wyndham O’Hare in Rosemont, Illinois. Charles Fox will present his views on advocacy and consensus building between parents, educators, and school administrators during the IEP process. Parents, therapists, educators, and anyone else interested in learning more about fragile X syndrome are invited to attend. Continuing Professional Development Units (CPDUs) will be available.
On October 3. 2005, the Baltimore Sun published an article about a five-year "breakdown" in the provision of appropriate services to students with special needs in Baltimore’s public schools. Reportedly, throngs of psychologists, social workers, and speech and language pathologists had been leaving local school districts since 2000, because the city’s "child study team model" was fraught with excessive and restrictive administrative burdens. Allegedly, the time spent preparing for meetings and completing follow-up paperwork significantly limited the time and ability of the clinicians to directly serve students with special needs.
Below is a summary of an article reported in the September 21, 2005 edition of Education Week: Two years ago, a grade school teacher at Evanston’s King Lab School, Vickie Proctor, was transferred from her teaching post after expressing her views on No Child Left Behind (NCLB). Ms. Proctor stated she was protesting the requirements of NCLB when she hung a skeleton dressed in a Michael Jordan jersey in the teachers’ lounge. She hung a sign on the skeleton that said NCLB had killed it. She hung another sign that said "I am a Texas scholar, this is an oxy-Moron." Other teachers were upset, feeling that the skeleton resembled a lynching. She filed suit in Federal Court in Chicago claiming her First Amendment rights had been violated. The case was settled for $250,000 and a letter acknowledging Ms. Proctor’s years of service.
Mother and writer Lori Miller Fox is a guest author for the Special Education Law Blog. Combining her humor and her experiences advocating for her child, Lori has developed a series of jokes, riddles, and columns that will be featured regularly on this site as the High Stakes Jesting Series. Click the link below to read her first installation of riddles and jokes:
Even though John Roberts has not been confirmed in the Senate, it is a question of when, not whether. His pedigree as a conservative is without a doubt. After the gone-awry appointments (from the Republican perspective) of Justices Kennedy and Souter, this candidate has most assuredly been vetted for his rock solid views that are sympathetic to the Bush administration. Arguably, there are open questions on where John Roberts stands on special education issues. He has little track record to speak of on special education, but his views on educational issues are better known and are certainly conservative.
On September 24, 2005, Associated Press writer Michael Gormley reported a significant rise in formal corporal punishment complaints in New York public schools over the past five years. Specifically, complaints more than doubled over that time period, with 4,223 accusations in 2004 alone. At the same time, there has also been an increase in the number of school districts that failed to file the required semiannual reports detailing corporal punishment allegations.
Charles Fox combines his legal expertise and his insight as a parent of a child with special needs in developing sixteen basic principles of effective special education advocacy. Click on the link below to learn how to effectively advocate for your child.
The new law has brought many changes that will take years to sort out. There are points that will not be satisfactory to parents in areas such as manifestation determinations for disciplinary matters, and school districts have already expressed displeasure with the requirements for personnel to become “highly qualified.” The changes in the law are significant and important. However, of equal importance is that good solid advocacy—asking questions, getting evaluations, being prepared, and documenting in writing issues and concerns, to state a few–remains constant and paramount. Click the link below to read the main topics in IDEA 2004 that I believe parents need to know immediately:
Often, at IEP meetings, school districts present common justifications when confronted with the fact that a child has not progressed. Parents need to be prepared to address these justifications both at IEP meetings and during the school year. Click the link below to read justifications presented by schools and sample strategies for parents to address these excuses:
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