This is a place to talk about autism and the impact that it has on our lives. I am mostly interested in making legislative changes to enchance the education of our children.
Friday, December 30, 2011
Thursday, December 29, 2011
Monday, December 26, 2011
Friday, December 23, 2011
Thursday, December 22, 2011
Wednesday, December 21, 2011
Tuesday, December 20, 2011
Monday, December 19, 2011
Saturday, December 17, 2011
Friday, December 16, 2011
Thursday, December 15, 2011
Duncan's 82% NCLB Failure Prediction Way Off Base, New Data Show
Duncan's 82% NCLB Failure Prediction Way Off Base, New Data Show
In fact, only three states, plus the District of Columbia, actually hit or exceeded Duncan's estimate on failure to make AYP: the District, at 87 percent; Florida; at 89 percent; Missouri, at 88 percent; and New Mexico, at 87 percent.
In fact, only three states, plus the District of Columbia, actually hit or exceeded Duncan's estimate on failure to make AYP: the District, at 87 percent; Florida; at 89 percent; Missouri, at 88 percent; and New Mexico, at 87 percent.
Wednesday, December 14, 2011
Tuesday, December 13, 2011
Monday, December 12, 2011
Friday, December 9, 2011
North Carolina Recreational Therapy Association
North Carolina Recreational Therapy Association
How can recreation be included as a "related service" in my child's IEP? Segments from the Therapeutic Recreation in Public Schools (Project TRIPS) web site: http://perth.uwlax.edu/hper/RM-tr/trschools.htm Are you aware that recreation has been identified as a related service ever since The Education for All Handicapped Children's Act was authorized in 1975? Many parents are not. The basic entitlements of P.L. 94-142 provide for a free, appropriate public education for all children. In providing appropriate educational services to all students with disabilities, the local education agency must ensure that these students receive all related services necessary for the child to benefit from special education. Related services as defined by the law include: speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. (Federal Register, 1977, p.42473)
How can recreation be included as a "related service" in my child's IEP? Segments from the Therapeutic Recreation in Public Schools (Project TRIPS) web site: http://perth.uwlax.edu/hper/RM-tr/trschools.htm Are you aware that recreation has been identified as a related service ever since The Education for All Handicapped Children's Act was authorized in 1975? Many parents are not. The basic entitlements of P.L. 94-142 provide for a free, appropriate public education for all children. In providing appropriate educational services to all students with disabilities, the local education agency must ensure that these students receive all related services necessary for the child to benefit from special education. Related services as defined by the law include: speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. (Federal Register, 1977, p.42473)
Tuesday, December 6, 2011
Adam’s Story Excerpt
Adam’s Story Excerpt
Mommy, I Wish I Could Tell You What They Did To Me In School Today
Everyday Atrocities Faced by Special Needs Children
By Richard S. Stripp, Sr.
IN LOVING MEMORY OF NOAH V. VARCADIPANE8/4/1996 – 11/14/2009 “MOMMY’S SUPERMAN”
The children and adult characters in this book are based on students and individuals that the author has interacted with and/or worked with directly.
The majority of children who “speak” in this book are non-verbal. Their words which you will read are fictitious and were never spoken by them but are based on actual events that occurred in their lives. It is the author’s belief that if the non-verbal children in this book could speak, what you are about to read is what they might have said.
Any conversations between the author and anyone in the book are based on actual events and conversations.
“Never, never be afraid to do what’s right, especially if the well-being of a person or animal is at stake. Society’s punishments are small compared to the wounds we inflict on our soul when we look the other way.” ~ Dr. Martin Luther King, Jr.
Mommy, I Wish I Could Tell You What They Did To Me In School Today
Everyday Atrocities Faced by Special Needs Children
By Richard S. Stripp, Sr.
IN LOVING MEMORY OF NOAH V. VARCADIPANE8/4/1996 – 11/14/2009 “MOMMY’S SUPERMAN”
The children and adult characters in this book are based on students and individuals that the author has interacted with and/or worked with directly.
The majority of children who “speak” in this book are non-verbal. Their words which you will read are fictitious and were never spoken by them but are based on actual events that occurred in their lives. It is the author’s belief that if the non-verbal children in this book could speak, what you are about to read is what they might have said.
Any conversations between the author and anyone in the book are based on actual events and conversations.
“Never, never be afraid to do what’s right, especially if the well-being of a person or animal is at stake. Society’s punishments are small compared to the wounds we inflict on our soul when we look the other way.” ~ Dr. Martin Luther King, Jr.
Sunday, December 4, 2011
Saturday, December 3, 2011
Thursday, December 1, 2011
Tuesday, November 29, 2011
Does your school have a secret history of abusing disabled children? Find out here - National special education | Examiner.com
Does your school have a secret history of abusing disabled children? Find out here - National special education Examiner.com
Missouri
1. North Mercer R3, Mercer, MO (Seclusion Room: Closet converted to seclusion room)
2. Underwood Elementary School, Lee’s Summit R-7 School District, Lee’s Summit, MO (Seclusion: Child kept in closet for most of a month)
Missouri
1. North Mercer R3, Mercer, MO (Seclusion Room: Closet converted to seclusion room)
2. Underwood Elementary School, Lee’s Summit R-7 School District, Lee’s Summit, MO (Seclusion: Child kept in closet for most of a month)
Labels:
autism,
bullying,
Chris Nicastro,
DESE,
Jeff Grisamore,
Jerry Keimig,
Lee's Summit R-7,
restraint,
seclusion,
Stephen Barr
Monday, November 28, 2011
Sunday, November 27, 2011
States Falling Short in Serving Infants, Toddlers With Disabilities?
States Falling Short in Serving Infants, Toddlers With Disabilities?
Some states fare particularly poorly, Easter Seals found. Alabama, Arkansas, Georgia, the District of Columbia, Mississippi, Missouri, Montana, and Tennessee serve fewer than 2 percent of their population. On the other hand, some states do much better: Massachusetts, New Mexico, New Hampshire, New York, Rhode Island, and Wyoming serve more than 4 percent of their population through Part C.
Some states fare particularly poorly, Easter Seals found. Alabama, Arkansas, Georgia, the District of Columbia, Mississippi, Missouri, Montana, and Tennessee serve fewer than 2 percent of their population. On the other hand, some states do much better: Massachusetts, New Mexico, New Hampshire, New York, Rhode Island, and Wyoming serve more than 4 percent of their population through Part C.
Labels:
autism,
bullying,
Chris Nicastro,
DESE,
Jeff Grisamore,
Jerry Keimig,
Lee's Summit R-7,
restraint,
seclusion,
Stephen Barr
Tuesday, November 22, 2011
Saturday, November 19, 2011
Friday, November 18, 2011
Thursday, November 17, 2011
Tuesday, November 15, 2011
Monday, November 14, 2011
Friday, November 11, 2011
Thursday, November 10, 2011
Monday, November 7, 2011
Thursday, November 3, 2011
Wednesday, November 2, 2011
Tuesday, October 25, 2011
Discrimination Found at Fox C-6 School District | International Coalition for Autism and All Abilities
Discrimination Found at Fox C-6 School District International Coalition for Autism and All Abilities
Tuesday, October 18, 2011
Monday, October 17, 2011
Wednesday, October 12, 2011
Tuesday, October 11, 2011
Monday, October 10, 2011
Sunday, October 9, 2011
Students allege humiliation, mistreatment by Roseville High School teacher - Roseville Press-Tribune
Students allege humiliation, mistreatment by Roseville High School teacher - Roseville Press-Tribune
Friday, October 7, 2011
2nd Bedford Co. bus attack lawsuit video shows child sprayed with aerosol
2nd Bedford Co. bus attack lawsuit video shows child sprayed with aerosol: The second video as part of the Kilpatrick family's lawsuit, claims to show more abuse against their autistic son by a former school aide and bus driver
Thursday, October 6, 2011
Wednesday, October 5, 2011
Thursday, September 29, 2011
National Autism Association - Autism Safety Initiative - Our mission is providing resources, education, advocacy, awareness and support - Restraint & Seclusion - 10 Restraint & Seclusion Tips for Parents
National Autism Association (NAA) Says Vinegar-Soaked Cotton Balls in Disabled Students' Mouths Underscores Need for 'Aversives' Ban - PR Newswire - sacbee.com
Tuesday, September 27, 2011
Sunday, September 18, 2011
Tuesday, September 13, 2011
Sunday, September 11, 2011
Wednesday, September 7, 2011
Thursday, September 1, 2011
Wednesday, August 31, 2011
Monday, August 29, 2011
Special Needs Student Sues Missouri School District Over Rapes - ABC News
Special Needs Student Sues Missouri School District Over Rapes - ABC News
Thanks to ABC Nightline for covering this story.
Thanks to ABC Nightline for covering this story.
Wednesday, August 24, 2011
Monday, August 22, 2011
Sunday, August 21, 2011
Thursday, August 18, 2011
Sunday, August 14, 2011
Wednesday, August 10, 2011
Tuesday, August 9, 2011
Monday, August 8, 2011
Sunday, August 7, 2011
Wednesday, August 3, 2011
Tuesday, August 2, 2011
Monday, August 1, 2011
Thursday, July 21, 2011
Monday, July 18, 2011
Wednesday, July 13, 2011
Tuesday, July 12, 2011
Monday, July 11, 2011
Tuesday, May 31, 2011
Thursday, May 12, 2011
Wednesday, May 11, 2011
Friday, April 29, 2011
Wednesday, April 27, 2011
Thursday, April 14, 2011
Wednesday, April 6, 2011
Wednesday, March 30, 2011
Monday, March 28, 2011
Wednesday, March 23, 2011
Tuesday, March 22, 2011
Monday, March 21, 2011
Wednesday, March 16, 2011
Monday, March 14, 2011
Friday, March 11, 2011
Thursday, March 10, 2011
Wednesday, March 9, 2011
Tuesday, March 8, 2011
Monday, March 7, 2011
Developments in Special Education Law: Board of Regents to consider change in statute of limitations
Developments in Special Education Law: Board of Regents to consider change in statute of limitations
Developments in Special Education Law: Denial of a FAPE is Not Required for a Parent to recover fees
Developments in Special Education Law: Denial of a FAPE is Not Required for a Parent to recover fees
How to Identify Students with High-Functioning Autism
How to Identify Students with High-Functioning Autism
Inclusion strategies for students with autism spectrum disorders - Reaching every learner: Differentiating instruction in theory and practice
Sunday, March 6, 2011
seMissourian.com: Local News: DESE official says preschool programs 'not in good shape'; area educators say space is biggest challenge #02/27/11#
Saturday, March 5, 2011
Friday, March 4, 2011
Thursday, March 3, 2011
Sunday, February 27, 2011
http://www.connecticutspecialeducationlawyer.com/tips-for-parents/iees-do-you-have-to-explain-why-you-disagree/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+ConnecticutSpecialEducationLawyer+(Connecticut+Special+Education+Lawyer)
http://www.connecticutspecialeducationlawyer.com/tips-for-parents/iees-do-you-have-to-explain-why-you-disagree/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ConnecticutSpecialEducationLawyer+%28Connecticut+Special+Education+Lawyer%29
IEE: Do You have to Explain Why You Disagree?
IEE: Do You have to Explain Why You Disagree?
Friday, February 25, 2011
Autism Society - Federal Government Announces $4.3 Billion in New Funds for Community Alternatives to Institutional Long-Term Care
Thursday, February 24, 2011
Wednesday, February 23, 2011
Tuesday, February 22, 2011
Monday, February 21, 2011
Saturday, February 19, 2011
Wednesday, February 16, 2011
Tuesday, February 15, 2011
Monday, February 14, 2011
Sunday, February 13, 2011
Support Youth with Significant Disabilities Get Equal Opportunities to Become Productive, Responsible, Contributing Citizens of Society in Adulthood
Support Youth with Significant Disabilities Get Equal Opportunities to Become Productive, Responsible, Contributing Citizens of Society in Adulthood
Cosponsor the Transitioning towards Excellence & Achievement in Mobility through Education
(TEAM-Education) Act of 2011
POLICY OVERVIEW
Despite significant public expenditures in special education, students with intellectual and developmental disabilities frequently transition out of high school lacking the proper skills required to find and maintain employment or pursue post-secondary education. This trend is due to a reluctance among state and local educational authorities in providing hands-on work experience and training (including mentoring, internships, summer work programs, and career development) that is typically offered to non-disabled students during their transitional years. Instead, low expectations dominate individualized education plans (IEPs) for students with special needs despite the potential and desire of many students to pursue opportunities that will help them gain experience to better prepare them for the workforce and adulthood. Although the Individuals with Disabilities in Education Act (IDEA) requires schools to provide transition services to support students with disabilities during their high school years, there currently lacks no enforcement, monitoring or evaluation of school districts to ensure that they are complying with this important provision in the law.
It is no surprise then that upon exiting the school system, these young citizens are woefully unprepared and unsupported in finding and maintaining employment in the community and at wages which promote optimal self-sufficiency and independence. Yet research demonstrates that when provided with preparatory, hands-on job experience in the form of part-time work, internships, or summer employment, individuals with significant disabilities can successfully obtain and sustain work in integrated settings and earn competitive wages.
PURPOSE OF LEGISLATION
The TEAM legislation provides three separate legislative responses to better align existing federal programs providing publically-funded systems and supports to focus on one uniform goal – ensuring that every youth with a significant disability has the opportunity, encouragement and support to become gainfully employed in an integrated setting, pursue a post-secondary education, and contribute to and meaningfully engage in typical community settings upon leaving high school.
TEAM-EDUCATION ACT OF 2011: BILL SUMMARY
The TEAM-Education Act amends IDEA to encourage and empower schools districts, states educational authorities, students with significant disabilities, their familiesand transition teams to plan for and achieve employment in an integrated setting at minimum wage or higher after high school.
Adds requirements to ensure Individualized Education Plans (IEPs) holistically address the transition needs of students: Under this bill, the IEP changes the age when transition planning must be included in a student’s IEP from age 14 to 16, and requires school districts to invite the State Intellectual/Developmental Disability (I/DD) Authority to participate on the IEP & transition planning team for students expected to be eligible for adult I/DD services. The bill further requires the IEP to include comprehensive transition planning and services, including objectives for developing the skills, knowledge-base, training and experience to successfully obtain integrated employment, economic self-sufficiency, independent living and community involvement. The bill would require schools to produce a comprehensive portfolio of the student’s skills, experiences and talents relevant to employers, tobe given to the student and parents once the student exits the school system. Additionally, the bill offers
TEAM-Education Act of 2011 Page 2
advocacy training for students and families to help them prepare better for articulating the wishes of the student during the IEP process.
Allows for IDEA Part B discretionary dollars to be used by school districts to hire or contract with professionals possessing transition expertise for youth with significant disabilities: The legislation clarifies that school districts are allowed and encouraged to use IDEA discretionary funds for either hiring transition experts within or contracting out transition services as needed, based on stringent criteria that these contracts be focused on the preparation and confirmation of integrated, competitive employment or other desired post-secondary education outcomes.
Modifies the Definition of Transition Services: Ensures that the definition of transition services includes customized employment services and training in advocacy and self-determination activities to better prepare youth for job preparation and advocating on their own behalf. Additionally, the bill clarifies that transition services do not include facility-based or other segregated programs.
Establishes Support for Local Transition Coordinators: Provides $50 million to Local Educational Agencies (LEAs) to pilot the hiring of internal transition services coordinators who would be responsible for facilitating relationships with public and private entities on behalf of the student and the student’s family to ensure the successful provision of desired transition services necessary to achieving the student’s transition objectives.
POLICY RATIONALE
The goal of publically-funded transition services and supports for youth with disabilities should be focused on helping youth with significant disabilities acquire the skills, knowledge and experience required to successfully obtain a job in an integrated setting at minimum wage or higher, ensure maximum community participation and achieve optimal self-sufficiency. To achieve this goal, Congress must establish a coordinated, comprehensive approach to the investment of public resources that expands and improves the choices of youth with significant disabilities who are transitioning into adulthood to ensure the design and execution of an individualized , coordinated strategy aimed at securing meaningful post-secondary educational opportunities, career development and training, supported employment in an integrated setting, and inclusion in the community setting through independent living and social engagement.
The TEAM-Education Act would streamline the transition process at the high-school level and require coordination and collaboration between the state education authority and the State I/DD authority to maximize the efficient use of resources through systems alignment. Clarifying that facility based or other segregated experiences are not acceptable transition services will focus IEP teams on having high expectations of all students and in identifying opportunities that lead to integrated employment, post secondary education, independent living and optimal self-sufficiency for students with significant disabilities. The legislation ensures that the newest and most promising practices for assisting students in finding, creating and maintaining employment are implemented, rather than promoting a continued dismissal of the potential of students with disabilities to become productive citizens and contribute in meaningful ways to their communities.
ACTION REQUIRED
Congressional leaders dedicated to improving the future opportunities of youth with significant disabilities through fiscally responsible, innovative systems-reform strategies are encouraged to co-sponsor all three of the following legislative proposals: TEAM-Education Act of 2011; Team-Empowerment Act of 2011; and TEAM-Employment Act of 2011. To cosponsor one or more of these innovative legislative bills, please contact Scot Malvaney in the Office of U.S. Representative Gregg Harper (R-MS) at scot.malvaney@mail.house.gov or 202-225-5031.
Cosponsor the Transitioning towards Excellence & Achievement in Mobility through Education
(TEAM-Education) Act of 2011
POLICY OVERVIEW
Despite significant public expenditures in special education, students with intellectual and developmental disabilities frequently transition out of high school lacking the proper skills required to find and maintain employment or pursue post-secondary education. This trend is due to a reluctance among state and local educational authorities in providing hands-on work experience and training (including mentoring, internships, summer work programs, and career development) that is typically offered to non-disabled students during their transitional years. Instead, low expectations dominate individualized education plans (IEPs) for students with special needs despite the potential and desire of many students to pursue opportunities that will help them gain experience to better prepare them for the workforce and adulthood. Although the Individuals with Disabilities in Education Act (IDEA) requires schools to provide transition services to support students with disabilities during their high school years, there currently lacks no enforcement, monitoring or evaluation of school districts to ensure that they are complying with this important provision in the law.
It is no surprise then that upon exiting the school system, these young citizens are woefully unprepared and unsupported in finding and maintaining employment in the community and at wages which promote optimal self-sufficiency and independence. Yet research demonstrates that when provided with preparatory, hands-on job experience in the form of part-time work, internships, or summer employment, individuals with significant disabilities can successfully obtain and sustain work in integrated settings and earn competitive wages.
PURPOSE OF LEGISLATION
The TEAM legislation provides three separate legislative responses to better align existing federal programs providing publically-funded systems and supports to focus on one uniform goal – ensuring that every youth with a significant disability has the opportunity, encouragement and support to become gainfully employed in an integrated setting, pursue a post-secondary education, and contribute to and meaningfully engage in typical community settings upon leaving high school.
TEAM-EDUCATION ACT OF 2011: BILL SUMMARY
The TEAM-Education Act amends IDEA to encourage and empower schools districts, states educational authorities, students with significant disabilities, their familiesand transition teams to plan for and achieve employment in an integrated setting at minimum wage or higher after high school.
Adds requirements to ensure Individualized Education Plans (IEPs) holistically address the transition needs of students: Under this bill, the IEP changes the age when transition planning must be included in a student’s IEP from age 14 to 16, and requires school districts to invite the State Intellectual/Developmental Disability (I/DD) Authority to participate on the IEP & transition planning team for students expected to be eligible for adult I/DD services. The bill further requires the IEP to include comprehensive transition planning and services, including objectives for developing the skills, knowledge-base, training and experience to successfully obtain integrated employment, economic self-sufficiency, independent living and community involvement. The bill would require schools to produce a comprehensive portfolio of the student’s skills, experiences and talents relevant to employers, tobe given to the student and parents once the student exits the school system. Additionally, the bill offers
TEAM-Education Act of 2011 Page 2
advocacy training for students and families to help them prepare better for articulating the wishes of the student during the IEP process.
Allows for IDEA Part B discretionary dollars to be used by school districts to hire or contract with professionals possessing transition expertise for youth with significant disabilities: The legislation clarifies that school districts are allowed and encouraged to use IDEA discretionary funds for either hiring transition experts within or contracting out transition services as needed, based on stringent criteria that these contracts be focused on the preparation and confirmation of integrated, competitive employment or other desired post-secondary education outcomes.
Modifies the Definition of Transition Services: Ensures that the definition of transition services includes customized employment services and training in advocacy and self-determination activities to better prepare youth for job preparation and advocating on their own behalf. Additionally, the bill clarifies that transition services do not include facility-based or other segregated programs.
Establishes Support for Local Transition Coordinators: Provides $50 million to Local Educational Agencies (LEAs) to pilot the hiring of internal transition services coordinators who would be responsible for facilitating relationships with public and private entities on behalf of the student and the student’s family to ensure the successful provision of desired transition services necessary to achieving the student’s transition objectives.
POLICY RATIONALE
The goal of publically-funded transition services and supports for youth with disabilities should be focused on helping youth with significant disabilities acquire the skills, knowledge and experience required to successfully obtain a job in an integrated setting at minimum wage or higher, ensure maximum community participation and achieve optimal self-sufficiency. To achieve this goal, Congress must establish a coordinated, comprehensive approach to the investment of public resources that expands and improves the choices of youth with significant disabilities who are transitioning into adulthood to ensure the design and execution of an individualized , coordinated strategy aimed at securing meaningful post-secondary educational opportunities, career development and training, supported employment in an integrated setting, and inclusion in the community setting through independent living and social engagement.
The TEAM-Education Act would streamline the transition process at the high-school level and require coordination and collaboration between the state education authority and the State I/DD authority to maximize the efficient use of resources through systems alignment. Clarifying that facility based or other segregated experiences are not acceptable transition services will focus IEP teams on having high expectations of all students and in identifying opportunities that lead to integrated employment, post secondary education, independent living and optimal self-sufficiency for students with significant disabilities. The legislation ensures that the newest and most promising practices for assisting students in finding, creating and maintaining employment are implemented, rather than promoting a continued dismissal of the potential of students with disabilities to become productive citizens and contribute in meaningful ways to their communities.
ACTION REQUIRED
Congressional leaders dedicated to improving the future opportunities of youth with significant disabilities through fiscally responsible, innovative systems-reform strategies are encouraged to co-sponsor all three of the following legislative proposals: TEAM-Education Act of 2011; Team-Empowerment Act of 2011; and TEAM-Employment Act of 2011. To cosponsor one or more of these innovative legislative bills, please contact Scot Malvaney in the Office of U.S. Representative Gregg Harper (R-MS) at scot.malvaney@mail.house.gov or 202-225-5031.
Friday, February 11, 2011
Wednesday, February 9, 2011
Tuesday, February 8, 2011
The Autism News
The Autism News School Is Not Working For Him
Monday, February 7, 2011
Saturday, February 5, 2011
Thursday, February 3, 2011
Wednesday, February 2, 2011
Causes
Labels:
autism,
bullying,
Chris Nicastro,
DESE,
IDEA,
Jeff Grisamore,
Jerry Keimig,
NCLB,
OSEP,
restraint,
seclusion,
Special Education,
Stephen Barr
Corporal Punishment More Likely For Students With Disabilities - Disability Scoop
Corporal Punishment More Likely For Students With Disabilities - Disability Scoop
How is Jeff Grisamore addressing this and all of the other injustices that our children face in the education setting?
How is Jeff Grisamore addressing this and all of the other injustices that our children face in the education setting?
Labels:
autism,
bullying,
Chris Nicastro,
DESE,
IDEA,
Jeff Grisamore,
Jerry Keimig,
NCLB,
OSEP,
restraint,
seclusion,
Special Education,
Stephen Barr
Tuesday, February 1, 2011
Monday, January 31, 2011
Thursday, January 27, 2011
Wednesday, January 26, 2011
Tuesday, January 25, 2011
Wednesday, January 19, 2011
“Why Would We Do an Evaluation, She Already Gets Services?”
As a parents’ special education attorney in Connecticut, I hear outrageous statements that parents are told by their school districts on an almost daily basis. But, sometimes, I am told something that passes the realm of outrageous, and crosses into ridiculous.
Such statements mislead or misrepresent the school’s legal obligations, and always in a way that benefits the school district.
After hearing so many of them, I decided to add a separate category to my blog just for this purpose, where I will post these ridiculous comments and explain why it likely violates IDEA. Hopefully, if you’ve heard similar things from your district, next time around you will know better!
Today’s Ridiculous Comment
Recently I attended an IEP meeting on behalf of a client who has been diagnosed with an autism spectrum disorder. The district had asked its Occupational Therapist (“OT”) to do an evaluation. When the OT reported her findings, the parents were disappointed, because it was quite clear to them (and me) that the evaluation was neither thorough nor accurate. My response was to ask for an IEE.
Such statements mislead or misrepresent the school’s legal obligations, and always in a way that benefits the school district.
After hearing so many of them, I decided to add a separate category to my blog just for this purpose, where I will post these ridiculous comments and explain why it likely violates IDEA. Hopefully, if you’ve heard similar things from your district, next time around you will know better!
Today’s Ridiculous Comment
Recently I attended an IEP meeting on behalf of a client who has been diagnosed with an autism spectrum disorder. The district had asked its Occupational Therapist (“OT”) to do an evaluation. When the OT reported her findings, the parents were disappointed, because it was quite clear to them (and me) that the evaluation was neither thorough nor accurate. My response was to ask for an IEE.
Ask for the Email
Whenever parents retain my firm, I ask them to sign a form requesting all of their child’s education records be sent to me as their special education lawyer. It’s a standard “FERPA” request…the easiest way to explain FERPA is that it is sort of like the educational version of HIPAA. Bottom line is that I can not legally access a child’s special education records without the parents’ permission.
Over the years in my special education law practice in Connecticut, I have modified my FERPA request to account for situations I’ve encountered in litigation. So, a few years ago, I added the words “including ALL EMAILS” to my FERPA request.
Over the years in my special education law practice in Connecticut, I have modified my FERPA request to account for situations I’ve encountered in litigation. So, a few years ago, I added the words “including ALL EMAILS” to my FERPA request.
35 Years of IDEA: A Dream Deferred?
A few days ago marked 35 years since the federal special education statute, now known as IDEA, was signed into law. It is hard to believe that within my lifetime, and probably yours, it was legally permissible to exclude children with disabilities from our public schools entirely.
Think about that for a minute.
A little over a generation ago, students with disabilities had no legal entitlement to an education at all, let alone a Free and Appropriate Public Education (“FAPE”), as we have come to know special education designed to meet a child’s unique needs.
We have come a long way since then. And yet, we still have so far to go.
Think about that for a minute.
A little over a generation ago, students with disabilities had no legal entitlement to an education at all, let alone a Free and Appropriate Public Education (“FAPE”), as we have come to know special education designed to meet a child’s unique needs.
We have come a long way since then. And yet, we still have so far to go.
DON’T THROW AWAY ANYTHING!!!
Sometimes it’s difficult to know what to to be happy about as an attorney who represents children with disabilities.
As you can imagine, the facts that support a “really great special education case” are, by definition, at best unpleasant, and at worst horrific.
It’s an odd feeling, reviewing a child’s special education records. When I find procedural violations (sadly, this occurs more often than not), I get a little excited. Why? Because I know that these violations of IDEA have probably led to the very deprivation of appropriate special education programming which has brought the parents to my office. It gives me the ability to verify my client’s claims. More importantly, I know that clear violations of the IDEA will give me the leverage I need to convince the school district’s attorney that my client requires more, better, or different services.
As you can imagine, the facts that support a “really great special education case” are, by definition, at best unpleasant, and at worst horrific.
It’s an odd feeling, reviewing a child’s special education records. When I find procedural violations (sadly, this occurs more often than not), I get a little excited. Why? Because I know that these violations of IDEA have probably led to the very deprivation of appropriate special education programming which has brought the parents to my office. It gives me the ability to verify my client’s claims. More importantly, I know that clear violations of the IDEA will give me the leverage I need to convince the school district’s attorney that my client requires more, better, or different services.
Tuesday, January 18, 2011
Wednesday, January 5, 2011
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