Special Education Case Law
Over the past 30 years there have been many court cases dealing with issues in special education. I found several websites that help administrators and educators avoid making the same mistakes that other districts have made.
The following website was founded by Ms. Philpot is a member of the national Council of Parent Attorneys and Advocates, Learning Disabilities Association, the Civil Rights of Children Committee of the Indiana State Bar Association, member of Indiana Trial Lawyers Association, Association of Trial Lawyers of America, as well as the Indiana State, Indianapolis and American Bar Associations and Mensa. She is also a board member of the Indiana Professional Chapter, Society of Professional Journalists Inc.
This website deals with many issues in special education such as: accommodations, assistive technology, expulsion and suspension.
http://www.dphilpotlaw.com/html/supreme_court_cases.html
Another website that discusses court cases in a synopsis form and in sequential order. There are many court cases that helped define our current educational landscape. The following is a listing of some of the cases that have resulted in key Supreme Court decisions
http://jan.ucc.nau.edu/~jde7/ese504/class/advanced/courtcases.html
Inclusion remains a controversial concept in education because it relates to educational and social values, as well as to our sense of individual worth. The following website deals with issues related to inclusion and specific cases that dealt with that subject area.
http://www.weac.org/Issues_Advocacy/Resource_Pages_On_Issues_One/Special_Education/special_education_inclusion.aspx
Tuesday, April 14, 2009
Schools Gone Bad
Schools Behaving Badly
Many school districts work with students with disabilities. Sometimes that can be challenging. However, in Palm Beach it has gone from bad to worse for a certain school district.
Palm Beach county students with documented behavioral or emotional disabilities are not getting the academic or emotional services they need and are instead being unfairly punished for behaviors that are due to their disabilities, according to a complaint submitted today to the State Department of Education. The complaint was filed on behalf of four county students and the Florida State Conference of the NAACP by the Legal Aid Society of Palm Beach County, the Southern Legal Counsel and the Southern Poverty Law Center, a civil rights advocacy group.
For more information, see the following website:
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/10/01/1001complaint.html
Another area where schools tend to make mistakes commonly is inclusion, mainstreaming and LRE.
The most current language of the federal mandate concerning inclusive education comes from the 1997 Amendments to the Individuals With Disabilities Education Act (IDEA). These federal regulations include rulings that guide the regulation. The IDEA requires that children with disabilities be educated in regular education classrooms unless "the nature and severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." This means that schools have a duty to try to include students with disabilities in the regular general education classes. The following website has information about LRE as well as information about several interesting cases that deal with inclusion.
http://www.uni.edu/coe/inclusion/legal/
Many new court cases deal with items such as autism and private school compensation. The follow case deals with both. The parents of a preschool student with autism reject and IEP and then ask for tutition reimbursement.
https://www.judicialview.com/Court-Cases/Education/Parents-Need-Not-Accept-IEP-Services-Before-Seeking-Reimbursement/Student-May-Reject-IEP-and-Obtain-Outisde-Services/20/3312
Many school districts work with students with disabilities. Sometimes that can be challenging. However, in Palm Beach it has gone from bad to worse for a certain school district.
Palm Beach county students with documented behavioral or emotional disabilities are not getting the academic or emotional services they need and are instead being unfairly punished for behaviors that are due to their disabilities, according to a complaint submitted today to the State Department of Education. The complaint was filed on behalf of four county students and the Florida State Conference of the NAACP by the Legal Aid Society of Palm Beach County, the Southern Legal Counsel and the Southern Poverty Law Center, a civil rights advocacy group.
For more information, see the following website:
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/10/01/1001complaint.html
Another area where schools tend to make mistakes commonly is inclusion, mainstreaming and LRE.
The most current language of the federal mandate concerning inclusive education comes from the 1997 Amendments to the Individuals With Disabilities Education Act (IDEA). These federal regulations include rulings that guide the regulation. The IDEA requires that children with disabilities be educated in regular education classrooms unless "the nature and severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." This means that schools have a duty to try to include students with disabilities in the regular general education classes. The following website has information about LRE as well as information about several interesting cases that deal with inclusion.
http://www.uni.edu/coe/inclusion/legal/
Many new court cases deal with items such as autism and private school compensation. The follow case deals with both. The parents of a preschool student with autism reject and IEP and then ask for tutition reimbursement.
https://www.judicialview.com/Court-Cases/Education/Parents-Need-Not-Accept-IEP-Services-Before-Seeking-Reimbursement/Student-May-Reject-IEP-and-Obtain-Outisde-Services/20/3312
Friday, April 3, 2009
Parent Advocay
Advocacy for Student’s with Special Needs
By Danee’ Puga
Advocacy can be very misunderstood. Many people think that advocates are the bad guys. However, they are the most beneficial people to parents and students with disabilities.
The following website allows parents to locate advocates.
http://www.focusas.com/SpecialEducation-Links.htm
Become Your Child’s Best Advocate!
The following information was found at this website: http://specialed.about.com/od/iep/a/advocat.htm
7 Steps To Being Your Child's Best Advocate:
1..Positive Parent/Teacher RelationshipsPositive interactions between parents/teacher is best for your child. Both parties need to ensure the child comes first and that the goals for the child are key and shared. Share your views, offer advice and become a good working team. Make shared decisions about the child's goals. Touch base often, share concerns in a friendly manner always anticipating outcomes. Learn how to have effective conferences.
2. Be Well Informed About Your Child's NeedsLearn as much as you possibly can about your child's needs. Find out what the best practices are and how your child's needs are best met in the school setting. Ask good questions! Find out who the organizations and professionals are regarding the needs of your child and learn as much as you can. Learn about the issues and controversies and be practical. Sometimes our expectations can be high but they also need to be practical and manageable.
3. Be a Note TakerKeep good records. Keep a running diary/journal of all correspondence you have with the school staff, organizations, support services, phone calls etc. A record of all verbal and written dialogue will help you to become an expert on your child's program and needs. It will provide you with review type information and can be used to persuade school staff to follow through with verbal commitments and take you seriously because you are on top of things!!!
4. Know What Records the School Is KeepingAlways ask for copies of records or information that is kept in the student's file at school. Make sure you have all letters, documentation, program plans, conference notes and anything else pertinent to your child's education. Make this a part of your record keeping.
5. Ask QuestionsBe candid, if you don't understand terms being used, ask for clarification. Make sure you completely understand the process, procedures, planning and interventions being discussed on behalf of your child. Getting the answers to the questions you may have will avoid any sense of frustration.
6. Include Your ChildThe whole process is about your child. Talk to your child, your child's point of view is very important, he/she should not be left out of the loop. His or her feelings are extremely important.
7. Remain Positive and Think PositiveSometimes this is the most difficult step. How do you get positive outcomes? Certainly, it isn't by becoming aggressive. Build a productive working team by remaining positive, it's your best method to getting those positive outcomes. You can be assertive but know the difference between aggression and assertion. It will help to build a two way trusting relationship. Remember: anger, hostility, aggression and frustration will not be productive in ensuring the best program is in place for your child. 2-way trusting relationships will maximize your child's benefits.
Wrights Law:
Wrights Law provides information about parent advocacy groups.
Good special education services are intensive and expensive. Resources are limited. If you have a child with special needs, you may wind up battling the school district for the services your child needs. To prevail, you need information, skills, and tools.
http://www.wrightslaw.com/info/advo.index.htm
By Danee’ Puga
Advocacy can be very misunderstood. Many people think that advocates are the bad guys. However, they are the most beneficial people to parents and students with disabilities.
The following website allows parents to locate advocates.
http://www.focusas.com/SpecialEducation-Links.htm
Become Your Child’s Best Advocate!
The following information was found at this website: http://specialed.about.com/od/iep/a/advocat.htm
7 Steps To Being Your Child's Best Advocate:
1..Positive Parent/Teacher RelationshipsPositive interactions between parents/teacher is best for your child. Both parties need to ensure the child comes first and that the goals for the child are key and shared. Share your views, offer advice and become a good working team. Make shared decisions about the child's goals. Touch base often, share concerns in a friendly manner always anticipating outcomes. Learn how to have effective conferences.
2. Be Well Informed About Your Child's NeedsLearn as much as you possibly can about your child's needs. Find out what the best practices are and how your child's needs are best met in the school setting. Ask good questions! Find out who the organizations and professionals are regarding the needs of your child and learn as much as you can. Learn about the issues and controversies and be practical. Sometimes our expectations can be high but they also need to be practical and manageable.
3. Be a Note TakerKeep good records. Keep a running diary/journal of all correspondence you have with the school staff, organizations, support services, phone calls etc. A record of all verbal and written dialogue will help you to become an expert on your child's program and needs. It will provide you with review type information and can be used to persuade school staff to follow through with verbal commitments and take you seriously because you are on top of things!!!
4. Know What Records the School Is KeepingAlways ask for copies of records or information that is kept in the student's file at school. Make sure you have all letters, documentation, program plans, conference notes and anything else pertinent to your child's education. Make this a part of your record keeping.
5. Ask QuestionsBe candid, if you don't understand terms being used, ask for clarification. Make sure you completely understand the process, procedures, planning and interventions being discussed on behalf of your child. Getting the answers to the questions you may have will avoid any sense of frustration.
6. Include Your ChildThe whole process is about your child. Talk to your child, your child's point of view is very important, he/she should not be left out of the loop. His or her feelings are extremely important.
7. Remain Positive and Think PositiveSometimes this is the most difficult step. How do you get positive outcomes? Certainly, it isn't by becoming aggressive. Build a productive working team by remaining positive, it's your best method to getting those positive outcomes. You can be assertive but know the difference between aggression and assertion. It will help to build a two way trusting relationship. Remember: anger, hostility, aggression and frustration will not be productive in ensuring the best program is in place for your child. 2-way trusting relationships will maximize your child's benefits.
Wrights Law:
Wrights Law provides information about parent advocacy groups.
Good special education services are intensive and expensive. Resources are limited. If you have a child with special needs, you may wind up battling the school district for the services your child needs. To prevail, you need information, skills, and tools.
http://www.wrightslaw.com/info/advo.index.htm
No Child Left Behind
No Child Left Behind
Danee’ Puga
The No Child Left Behind Act of 2001 (No Child Left Behind) is a landmark in education reform designed to improve student achievement and change the culture of America's schools. President George W. Bush describes this law as the "cornerstone of my administration." Clearly, our children are our future, and, as President Bush has expressed, "Too many of our neediest children are being left behind."
With passage of No Child Left Behind, Congress reauthorized the Elementary and Secondary Education Act (ESEA)--the principal federal law affecting education from kindergarten through high school. In amending ESEA, the new law represents a sweeping overhaul of federal efforts to support elementary and secondary education in the United States. It is built on four common-sense pillars: accountability for results; an emphasis on doing what works based on scientific research; expanded parental options; and expanded local control and flexibility.
The reform had a huge impact on parents and educators. One great website for information that will help parents is found on ED.gov.com entitled “No Child Left Behind: A Parent’s Guide”
http://www.ed.gov/parents/academic/involve/nclbguide/parentsguide.html
The Texas Education Agency provides great information for educators in Texas.
http://ritter.tea.state.tx.us/nclb/
The above website is very informative and has information in all of the following areas:
Highly Qualified Teachers and Paraprofessionals Mileage Reimbursement Rates: January 1, 2009 NCLB Compliance Monitoring NCLB Correspondence NCLB ListServ Email NCLB News Update NCLB Policy Guidance NCLB Open Records/Public Information Requests NCLB Provisions and Assurances NCLB Report Card
The final website that is very interesting in regard to NCLB is Evergreen Government Documents and Maps Hot Topics!
This website offers government resources, opinions, and organization based information.
http://govdocs.evergreen.edu/hotopics/nclb/
Danee’ Puga
The No Child Left Behind Act of 2001 (No Child Left Behind) is a landmark in education reform designed to improve student achievement and change the culture of America's schools. President George W. Bush describes this law as the "cornerstone of my administration." Clearly, our children are our future, and, as President Bush has expressed, "Too many of our neediest children are being left behind."
With passage of No Child Left Behind, Congress reauthorized the Elementary and Secondary Education Act (ESEA)--the principal federal law affecting education from kindergarten through high school. In amending ESEA, the new law represents a sweeping overhaul of federal efforts to support elementary and secondary education in the United States. It is built on four common-sense pillars: accountability for results; an emphasis on doing what works based on scientific research; expanded parental options; and expanded local control and flexibility.
The reform had a huge impact on parents and educators. One great website for information that will help parents is found on ED.gov.com entitled “No Child Left Behind: A Parent’s Guide”
http://www.ed.gov/parents/academic/involve/nclbguide/parentsguide.html
The Texas Education Agency provides great information for educators in Texas.
http://ritter.tea.state.tx.us/nclb/
The above website is very informative and has information in all of the following areas:
Highly Qualified Teachers and Paraprofessionals Mileage Reimbursement Rates: January 1, 2009 NCLB Compliance Monitoring NCLB Correspondence NCLB ListServ Email NCLB News Update NCLB Policy Guidance NCLB Open Records/Public Information Requests NCLB Provisions and Assurances NCLB Report Card
The final website that is very interesting in regard to NCLB is Evergreen Government Documents and Maps Hot Topics!
This website offers government resources, opinions, and organization based information.
http://govdocs.evergreen.edu/hotopics/nclb/
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