Ask the Special Education Advocate

When Is An Accommodation a "Crutch?"

2011-09-07T18:52:00.001-04:00

QUESTION: Is it appropriate to use a scribe for high stakes testing for kids with dyslexia and kids on the autism spectrem who cannot concentrate well?

Here are my thoughts on accommodations on school work and on tests, in general:

What does the assignment or test purport to measure? Accommodations are intended to "level the playing field" for kids with disabilities. If an accommodation changes the fundamental purpose of what the testing is intended to reveal, it is no longer an accommodation. It is a crutch and does not serve the purpose of preparing the child for "further education, employment, and independent living."

A child may need a scribe because of muscle weakness or fatigue that interferes with the actual act of writing. In that case, a scribe is an appropriate accommodation. However, it is not appropriate for a school to provide a scribe to a child who is unable to write properly because of a lack of instruction to remediate dyslexia or other learning disability. That child needs specialized reading, spelling, and writing instruction. The scribe, in that example is not an accommodation but a crutch.

An "accommodation" that expects less of a student than for students without disabilities is not an "accommodation." For example, when a teacher assigns first grade work to a fourth grade student as an "accommodation" has lowered the bar for that student. As long as the "accommodation" is temporary, and the teacher is also providing specialized instruction, that might be appropriate.

But it is not appropriate to assign a scribe for a student who cannot perform at grade level on the writing portion of a test because the test score will be reduced due to spelling or reading errors. The scribe is simply covering up an area that requires more special instruction. The student may score at grade level, but the student is not really doing the work; the scribe is doing the work. This gives students and parents a false sense of complacency, each believing the student is performing better then s/he really is.

I am much more an advocate for technology than accommodations. Technology follows the student throughout his/her life. Does the student really want a scribe following him/her throughout further education, employment, and independent living? (Is living really independent if the student needs a scribe as an adult?)

Can the student do the written part of the test on a computer without spell or grammer check? That tests what the student can or cannot do. That type of information actually helps a student, because then we KNOW the student needs specialized instruction.

We continue to have kids "graduating" from high school (with dyslexia and other learning disabilities), with normal or above normal IQs, who cannot read, write, or do math. This is mainly because schools are happy to provide "accommodations" and loath to provide specialized instruction to students with disabilities. While it may seem "kinder" to students to give them copious accommodations, unless they learn to read, write, and do math at a functional level, we have not really done them any favors.

The intent should be to provide accommodations for kids with a normal IQ and a learning disability to get them by while they are being taught to read, write, and do math. Once that is accomplished, then they will no longer need accommodations.

As for students on the autism spectrum, I would ask, what is the purpose of providing a scribe? How would a scribe assist a student with autism? Isn't there some other means of allowing the student to provide proof of mastery of the skill being tested? How does providing a scribe prepare the student with autism for "further education, employment, and independent living?"

There's got to be a better way than continually lowering the bar on a test to such a level that anyone could pass as long as they have aposable thumb.

The William & Mary Law Clinic's Institute of Special Education Advocacy

2011-08-13T11:37:00.000-04:00

Well, it is over until next July. The first class of the W&M ISEA graduated yesterday, benefiting from the teaching of the best experts in the United States, Pete and Pam Wright, Mark Kamleiter, Jim Comstock-Galagan, Harry Gewanter, Kayla Bower, Bill Hurd, Tom Coe, Joy Turner, Bill Reichardt, and Lori Kornek. If you don't know who these folks are, you are missing several essential tools in your special education advocacy toolbox. The W&M ISEA is held at the W&M Law School Campus in Williamsburg, Virginia.

Especially interesting was being able to hear the school attorney's perspective of Jason Ballum of Smith Reed, who was expectedly unflappable in the midst of this group of advocates who did not fear questioning him about how to better advocate with school districts. I thank Jason for being willing to help the W&M ISEA participants learn how to be more professional in their advocacy efforts. I explained to Jason that now, perhaps, he better understands how parents feel when they walk into the IEP room filled with school staff.

Congratulations to all of this year's graduates. I enjoyed meeting you and teaching you some of the finer points of preparing for IEP meetings. I look forward to networking with you all in the future and sharing advocacy tips. Go forth into the world, teach others, and advocate professionally.

Next year's ISEA is set for the week of July 23, 2012 and will include an advanced track for parent attorneys held simultaneously with the advocate track. This will be a great way to network with parent attorneys and learn what they expect from advocates.

Watch the Wrightslaw website for further details and when registration comes online, do not wait. The 2011 session sold out within two weeks and the ISEA's popularity is expected to increase and slots are limited.

New: Special Education Lay Advocate Training

2011-07-18T15:34:00.000-04:00

August 9-12, 2011: Williamsburg, VA - The William & Mary Law Institute of Special Education Advocacy is a four-day training program in special education advocacy hosted by the William & Mary School of Law, and co-sponsored by the PELE Special Education Advocacy Clinic, Wrightslaw, and The Oklahoma Disability Law Center. Attendance is limited to 20. Attendees will be selected by an application process. Click here for the application. Cost: $495. Pat is delighted to be a member of the faculty for this training.

Pat will be training on Friday on the topics of Preparing Parents for Meetings and Client Management.

Robert Crabtree: Do's and Don'ts for Teacher-Advocates (Part Two)

2011-06-01T15:54:00.000-04:00

Massachusetts attorney, Bob Crabtree has written another great article for the newsletter of Massachusetts' Parent Information and Training Program, the Federation for Children with Special Needs. In the FCSN's newsletter, Newsline, Bob continued his great article on how Teacher-Advocates can act in the best interest of their students yet protect their important positions. You can access this article at: http://www.fcsn.org. You can subscribe to the e-version of this excellent newsletter by clicking here.

Here is a summary of Bob's hints in his latest article:

1. Always maintain a professional demeanor.
2. Know your student.
3. DOCUMENT!
4. Teach by the book!
5. Communicate directly and honestly.
6. Team up with similarly minded professionals.
7. When working with administrators assume a common goal.
8. Be understanding about anxious parents.

Be sure to read the entire article. Bob gives much more information than this short summary I have provided.

Why Special Education "Labels" Should Mean Little to Parents

2011-05-13T14:21:00.000-04:00

Another parent has emailed me with a common concern. She wants the school to assign her child a different "label" (i.e., eligibility category). May parents and school folks are confused about the reason that schools use "labels". It is a common misconception that the "label" drives the services and/or the placement (i.e., the program into which the school places the child).

IDEA specifically says that a child does not have to have any type of "label" in order to receive services.

We answer this question over and over in our Wrightslaw Seminars.

Further, I cannot say it any better than Pete and Pam Wright say it in their blog:

"The law is clear that if a child has a disability, and the disability adversely affects educational performance, then the child is entitled to services under IDEA 2004 and entitled to an IEP.

The law also says that child does not even need to have a label to be eligible for those services." Wrightslaw Blog, 8-19-2010.

A school is required to use labels in order to report to the state and federal government and for it to receive its funding for students eligible under state and federal special education standards. That's all.

The Commentary also addresses this in several places: " ... each child's educational placement must be determined on a individual case-by-case basis depending on each child's unique educational needs and circumstances, rather than by the child's category of disability, and must be based on the child's IEP. FR 46586,

In all cases, placement decisions must be individually determined on the basis of each child's abilities and needs and each child's IEP, and not solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience. FR 46588

Services must meet the child's needs and cannot be determined by the child's eligibility category. FR 46655

The Act does not require children to be identified with a particular disability category for purposes of the delivery of special education and related services. In other words, while the Act requires the the Department collect aggregate data on children's disabilities, it does not require that particular children be labeled with particular disabilities for purposes of service deliver, since a child's entitlement under the Act is to FAPE and not to a particular disability label. FR 46737

The U.S. Department of Education and IDEA make it clear. Schools must not use labels to limit a child to specific services, programs or placements. If your school tells you different, it is confused about the requirements.

You may access the Commentary here: http://www.wrightslaw.com/idea/comment/all.46540-46845.pdf

The Delphi and Alinkski Techniques

2011-05-09T14:34:00.000-04:00

Have you attended an IEP meeting lately where it seemed like there was a hidden agenda and you weren't told what it was? You must read up on the Delphi and Alinski Techniques and learn how to diffuse them. This technique is being used frequently to achieve consensus at IEP meetings and at community meetings that are used to set school board policy. If you do not understand how these are used to achieve "consensus" - i.e. make everyone agree on a hidden agenda - you may not fully understand why IEP meetings do not go the way you intend them to go.

Wrightslaw Seminar in Cincinnati on Saturday

2011-05-04T16:18:00.000-04:00

I will be attending the Wrightslaw Seminar this Saturday. If you are there, please be sure to look me up and say, "Hello." If you have not planned to attend, I believe there are still openings.

Guest Column in Lafayette Journal & Courier

2011-04-13T16:34:00.000-04:00

My guest column, titled, "The Blame Game" was printed in this morning's Lafayette (IN) Journal and Courier. The full, text is below, complete with research links which were largly omitted from the column.

Why do children continue to fail in school despite being repeatedly tested? According to schools, children fail because they do not want to learn or their parents do not care. Typical school culture is to first, blame the child, and then blame the parent.

Dr. Galen Alessi, Psychology Professor at Western Michigan University researched this phenomenon by asking 5,000 school psychologists why children have learning and behavior problems. Not one psychologist mentioned inappropriate curriculum, ineffective teaching, or ineffective school management practices as a factor for student failure. Psychologists blamed parent and home factors 10-20 percent of the time and child factors 100 percent of the time.

Common sense tells us that it cannot always be the fault of the parent and the student.

Most five-year-olds are excited about starting school. We need to find out why that excitement wanes and dies.

Schools always treat parents as outsiders in educational decision-making. It’s okay for parents make copies, file records, and raise funds, but a parent who offers methodology suggestions is labeled a “helicopter” parent at best, a “nutcase” at worst and told to leave this to the experts.

We never hear about parents who spend hours helping their child or who pay expensive tutors, only to see their child fail. Nor do we hear about parents who go to school unsuccessfully begging for help for their child.

Some parents never learn they have a right to have the school test their child for conditions that interfere with learning. Children placed in special education programs may spend their entire school career there without learning to read. They were either identified too late, after the window of opportunity had closed, or, they received “accommodations,” not appropriate reading instruction. Instead of learning to read, their assignments and tests were read to them. They are unprepared for further education, employment, and independent living.

According to the Florida Center for Reading Research (FCRR), schools can identify children with reading disorders in preschool or kindergarten. Serious reading difficulties are preventable with the right kind of intensive instruction provided early in a child’s development. That window of opportunity closes early. After first grade, a student can still improve. However, those who do not receive early powerful interventions will always perform poorly on phonemic decoding, reading fluency, and spelling. They will never be able to close the gap.

Alessi, Galen. (1988) Diagnosis Diagnosed: A Systemic Reaction. Professional School Psychology, 3: 145-151

http://www.fcrr.org/TechnicalReports/Dyslexia_Technical_Assistance_Paper-Final.pdf

Torgesen, J.K., Wagner, R. K., Rashotte, C.A., Rose, E., Lindamood, P., Conway, T. , & Garvin, C. (1999). Preventing reading failure in young children with phonological processing disabilities: Group and individual responses to instruction. Journal of Educational Psycholog, 91, 579-593.

http://mustang.doe.state.in.us/IS/iststate2.cfm?year=2009.20&grade=3&gender=C&SubmitForm=Submit

A Great Advocate Is Gone

2011-04-09T21:08:00.009-04:00

It is with sadness I must report that the special education community has lost a great advocate. Dee Alpert, New York, New York, passed away suddenly yesterday. I will miss her to-the-point posts on the COPAA (Council of Parent Attorneys and Advocates, http://www.copaa.net) List Serve. The entire special education community will miss her wonderful advocacy efforts. Dee was publisher of the Special Education Muckraker.

Legal Advice for Teachers Who Advocate

2011-03-25T16:48:00.003-04:00

I frequently receive emails from teachers who want to advocate for their special needs students, but are reluctant to do so. They fear retaliation and for their jobs. Robert K. Crabtree provides excellent advice for these teachers here:

http://fcsn.org/newsline/v31n3/teacher_advocates.php

Special Education Legal Representation: Is it a "Good Ole Boys" Club?

2010-11-09T13:29:00.002-05:00

Question:

How can I be sure my attorney is on my side? He jokes with the school’s attorneys during meeting breaks. They seem to be very chummy. Is this just another “good ole boys’ club”?

Answer:

This question comes up all the time, not just in special education cases. I often hear people say that the legal system is unfair. They watch the attorneys battle in the courtroom, then walk outside, laugh, and make plans to play golf. People assume it is a “good old boys” club and it is impossible for parents to get a fair hearing. They believe that all the attorneys are friends and that somehow makes it a conspiracy.

An attorney friend once explained it this way to me. He said that attorneys must separate what goes on in the courtroom from their personal life. They cannot let their courtroom opponents become hated enemies. Eventually, each attorney will face many, if not all, of the attorneys in their area as an opponent in court. If they begin to hate the opponents they face, it will not be long until they have to hate ALL of the attorneys because at some time or another, they will face them in court at some time or another.

Attorneys have an ethical obligation to vigorously defend their clients. The legal system is adversarial, by design. That does not mean that all adversaries are enemies.

Many attorneys are frustrated actors/actresses. That is part of what makes them good at what they do. Think about it. To be a good advocate, your attorney must maintain his/her emotions. If she becomes out-of-control, the school’s attorney is in control.
Yet, your attorney must be indignant and outraged at the way the school is treating you and your child. This takes a special skill and calling.
Do not assume that because those in the legal profession are civil – or even friendly – to each other that there is a conspiracy. Your attorney is on your side, or he would not have taken your case.

Homeschooling and Special Education in Indiana

2010-09-22T19:58:00.002-04:00

A homeschooled student who is elgible for special education services has the right to a free and appropriate public education from his or her school corporation of legal settlement. However, when a parent chooses to homeshool, rather than enroll the student in public school, the services the child may receive is is determined by the local school corporation of legal settlement on an individual case basis.

Homeschooling and the Indiana Compulsory Attendance Law

2010-09-22T19:55:00.002-04:00

The Indiana compulsory school attendance law requires all children who attend a public school from either the start of the school year during which a child will turn 7), or at age 7 (if the child is to attend a nonaccredited, nonpublic school. A nonaccredited,nonpublic school includes a child who is attending a "homeschool." The child must continue to attend school until he or she turns 18, earns a high school diploma, or formally "drops out" of school at age 16 or 17. IC 20-33-2-28.5.

Wrightslaw: From Emotions to Advocacy Seminar

2010-08-18T22:01:00.002-04:00

I look forward to meeting all of our old Wrightslaw friends and making some new ones at the upcoming Wrightslaw From Emotions to Advocacy seminar. Please join us in Boulder, Colorado on October 2, 2010. The seminar will be held at A Spice of Life Event Center, Flatirons Golf Course, 5706 Arapahoe Avenue, Boulder, CO 80303.

To register online, please go to: http://www.wrightslaw.com/speak/10.10.co.htm

Florida Association of Special Education Parent Attorneys

2010-08-16T11:21:00.004-04:00

Did you know that there is an association of special education attorneys in Florida. That's right. For several years now Florida attorneys have organized together to better serve Florida youngsters. They meet on a periodic basis and communicate through an elist. Mark Kamleiter, St. Petersburg, FL is a member of this group. He can probably refer you to an attorney near you in Florida. You can find Mark's contact inforamtion here: http://www.copaa.org, and click the link "find an attorney/advocate." If your are outside Floriday, use the same website to locate a parent attorney near where you live.

Rules of Combat

2010-08-15T21:43:00.002-04:00

Rules of Combat

I recently came upon a t-shirt printed with these rules of combat. Parents of children enrolled in special education programs may find these rules useful in their journey from emotions to advocacy.

1. If the enemy is within range so are you.

Everything you do can have a lasting effect. Do not allow your actions to backfire on your child.

2. The cavalry doesn’t always come to the rescue.

In a pinch you may not be able to find or afford a good parent attorney. Use persuasion instead of due process threats.

3. Bring the biggest gun you can handle, lots of ammo, andplenty of reinforcements.

Come to IEP meetings prepared. Give other members of the Team all relevant information before the meeting. Bring extra copies with you. Do your homework. Learn everything you can about research-based instruction. Take a friend to the meeting. Bring refreshments.

4. Incoming fire always has the right of way.

The school is responsible for chairing the IEP Team Meeting. Thus, school staff has the right of way. Your greatest weapon is paper and pen. Document everything, even if it seems unimportant. Who fires the first shot is less important than who has the most strategic position after the shots are all fired.

5. Never forget that your weapon is made by the lowest bidder.

Be careful about using the law is your weapon. IDEA is a critical tool but your information may be outdated. Quoting the law only polarizes the positions of both sides making the possibility for peace more difficult.

6. Never draw fire; it irritates everyone around you.

It is difficult to fire at someone who is kind and considerate. Concentrate on influencing people. Be polite. Treat others as you would like to be treated. When others are rude be a better person than them and walk a straighter path.

7. If at first you don’t succeed, bomb disposal is not for you.

Know your strengths and your weaknesses. Not everyone can defuse difficult situations. If you have not yet learned this skill work with an experienced parent advocate who specializes in dispute resolution.

8. Any ship can be a minesweeper . . . once.

It is easy to burn bridges. A good negotiator causes change without burning bridges. Take care of your child’s school relationships. Remember, s/he may be in that environment for a long time.

9. If you see a bomb technician running, make sure to keep up with him.

Is the head special education bomb technician -- special education director or school attorney – to be at your IEP Team meeting? Pay close attention. Either you should be worried or you have other members of the IEP Team worried. Either way, you need to be prepared.

10. If at first you don’t succeed, call in an airstrike.

When all else fails, contact a good parent attorney for advice. Do not threaten due process.

Fort Wayne Moms Prosecuted for Home Schooling

2009-12-30T15:20:00.003-05:00

Some time ago a few Indiana parents who home-schooled their children took my blog to task for my opinions on the legalities of home schooling. I had indicated that Indiana's laws on home-schooling were vague and that parents of special needs children should be very careful and invoke many shields if they intended to home-school their children. This blog was severely attacked by a few home-schooling parents.

I do hate to be right, but now we have this Fort Wayne case, where two moms are on a year's probation for not being able to prove that they are able to provide an adequate education for their children. These are criminal charges, neglect of a dependent. Interestingly, the parents' attorney unsuccessfully argued that Indiana's home-school law was too "vague."

The information provided by the press does not indicate whether either of these two children have any special needs and/or require any type of special education. Assuming that they do not have any special needs, this is a warning flag for parents whose children are in need of any type of special services. If parents can be criminally prosecuted for educational neglect for home-schooling their typical children then parents who choose to home-school special needs children should understand certain things.

If a parent is charged with educational neglect for home-schooling a special needs child, they are the school and are charged with providing an "appropriate education." They should be prepared to prove that they are providing their child with every service the child would be entitled to if the child were enrolled in a public school. That means the court could look at whether the parent provides a teacher licensed in the area of the child's disability (either a teacher of record or a teacher of service), as well as any related services that the child is entitled to have in the public school setting.

As I responded to the parents who criticized my earlier blog: my position on parents who choose to home-school special needs children has not changed. In fact, I think this latest occurance proves my point. Any parent who home-schools a child should keep excellent records on what type of education their child/children receive. The courts will require parents to prove that their child is receiving an adequate education. The burden is even greater for a parent who wants to home-school a special needs child.

I would never say to a parent to NOT home-school a child. That is a personal decision and from what I see in schools I think there are some very good reasons for not wanting to expose your own child to what goes on. I simply say again that parents of special needs children must understand that they must do MORE than a parent of a typical child.

Just for Fun: Schools of the Future

2009-05-23T19:59:00.003-04:00

In February of 1960, I wrote an article for my high school newspaper. The headline read: "School of the Future Pictured As A Luxury."

This particular spot on my blog has nothing to do with special education. I just thought it was fun to see what my 14-year-old self thought schools of the future would be like. See what you think:

There have been many improvements made since the year 1492. But there are still many things that aren't quite perfect. By the year 2000, the world will be changed so much that we, of the year 1960 will never know it. Here are a few of the changes which might be made.

In the morning you will be awakened with sweek music by your clock radio. It will need no electricity or batteries. It runs by cosmic rays from the sun. You, like other children of your day, will have your chores to do. So, you push a button. Your bed is made and your floor vacuumed by a robot housekeeper. Next you will pick your clothes for the day. Since they are made of paper, when they get dirty, you simply throw them away.

You then walk to the self-service elevator in your room and ride to the kitchen where you mother is busily ordering food by walkie-talkie. The food is sent from town kitchen by means of a disintegrator-integrater. Only very old-fashioned people cook their own meals now.

After you have finished breakfast, you will take a robot to school. Or, if you feel energetic, you canstep on the moving sidewalk which will take you right to the escolator steps of the school building. You don't have to worry about being late because you will be by yourself in a small room with all your supplies: a television set which won't be turned on until you get there and if you are late you will just stay in school that much longer.

Desks will be cushioned for the comfort of the pupil and lunch will be sent right to your classroom by the town kitchen.

Gym will be the only class from which you will have to leave your room. You'll ride on the "moving hallway," which has the same principle as the "moving sidewalks." The gymnasium converts into a swimming pool on alternate days. Some days instead of gym class, you will go to the recreation center where there will be ping pong tables, juke box, (the juke box will always be here) and a great big dance floor. This center can be rented out to youth groups.

At the basketball games, there is no need for referees. Fouls are detected by means of a radar system set up in the ceiling of the gym. The points are scored the same way. You can't boo the "ref" in this day and age.

Well, now that you've spent a day in the future would you like to live with all those modern conveniences? Your children may!

FERPA Inspection Rights

2009-05-08T16:02:00.004-04:00

Q. I requested a copy of my child's education records. The school tells me that "FERPA only requires that the school division permit you the right to inspect and review your daughter's educational records. Is this true?

A. According to Federal law, your school is correct:

§ 99.10 What rights exist for a parent or eligible student to inspect and review education records?(a) Except as limited under §99.12, a parent or eligible student must be given the opportunity to inspect and review the student's education records.

State's may grant parents more inspection rights, including the right to copies. Check your State's education rules and regulations to see if that is true where you live. You should also check your school's policy. Sometimes, a school's policy will grant its patrons more inspection rights, as well.

Please remember that the Family Education Rights and Privacy Act applies to ALL students, not just students eligible for special education and related services.

Behavior Plans: Who should implement?

2009-05-08T15:46:00.003-04:00

Q. My daugher has school behavor problems. She has a behavorial plan. Should everyone at school implement the plan, including teachers, security, coaches, and administration, or is it only for classroom teachers?

A. It depends. You must look at the IEP and the behavior plan to see how it is to be implemented.

In general, behavior plans should extend to all settings in which behaviors occur. However, a vague IEP or behavior plan opens the door to lots of different interpretations.

A more important question is that if you do not understand where the school should implement the behavior plan you cannot expect anyone at school to understand when and where they should implement it.

I strongly suggest that you convene the IEP team, work this out, and put it in writing so that EVERYONE knows the intent of the behavior plan.

Homeschooling Children with Disabilities

2008-01-24T19:14:00.000-05:00

While Indiana is one State that tends to ignore homeschools and the registration may be voluntary, parents of children with disabilities who choose to homeschool may be held to a higher standard than a parent of a non-disabled child. “Appropriate” is a much different standard than is “equivalent.”

I believe very strongly that it is better to prevent fires than to try to put them out. While Indiana may not “require” homeschoolers to register, it is better for parents of children with disabilities to do so. It is not unheard of for public schools in Indiana to report parents of children with disabilities to Child Protective Services when they homeschool, alleging that the parents are not providing their children with an appropriate education.

Parents of children with disabilities must be proactive, not reactive. I still advise these parents to document everything that the State asks for. It helps protect them. The same may not be true for parents who homeschool children without disabilities. That is not my area of expertise.

Homeschooling and Children with Disabiliites

2008-01-23T14:29:00.000-05:00

Question:

I would like to begin homeschooling my child. She has autism. What do I need to know about homeschooling a child with a disability?

Answer:

Each State has its own rules about homeschooling. In some States, homeschooling is like placing your child in a private school. Your State’s laws will determine whether homeschooling makes your home a “private school.”

The U.S. Department of Education advises that the laws of each State determine whether a home school is a private school. http://www.doe.state.in.us/sservices/hse_mcdowellmemo.html

If your States laws make a homeschool a private school and you decide to home school, you will be placing your child in a private school. IDEA 2004 addresses special education in private schools.

The local education agency (LEA) where you live must do several things. It must “engage in timely and meaningful consultation with private school representatives and parent representatives of private school disabilities to determine the special education and related services” it will provide. It does not have to provide the same special education services in a private school that it must to public school children with disabilities. http://www.ed.gov/nclb/choice/schools/onpefacts.html

Some states, like Indiana, require parents to fill out an enrollment form. Indiana also requires parent who homeschool to provide their child with an education that is “equivalent” to that of a public school. http://www.doe.state.in.us/sservices/homeschool.html. “Equivalent” is not defined.

If your State law requires that private schools provide an “equivalent” education and that homeschooling is the same as placing your child in a private school, there is one more thing of which you may need to be aware. If your State challenges the education you provide to your child with a disability, the burden of proving “equivalency” may be on you. In other words, you may have to prove that your are providing your child with an appropriate and equivalent education. Your State department of education may also require you to keep attendance records. Carefully documenting your child’s education may save you some headaches later on.

Before making the important decision to homeschool, you must learn more about your own State’s requirements for homeschools. It is particularly important that you find out any special requirements you must comply with when homeschooling a child with a disability.

For information about whether your State regulates homeschooling, go to: http://www.yellowpagesforkids.com. Scroll down to your State. Find your State’s Department of Education, then do a search using the term “homeschool.” If that does not work, do a Google search, using the term, “homeschool” and “(your State) department of education.”

What can Schools Do About Bullying?

2007-12-16T18:43:00.000-05:00

Schools can do much to reduce bullying. Indiana University can help with identification and intervention resources. http://www.indiana.edu/~safeschl/SrsBullying.pdf. So does the Center for the Study and Prevention of Violence. http://www.colorado.edu.cspv/.

Resources are available. Schools must use them.

Discipline and punishment are not the answer. Schools must be proactive.

Schools act in loco parentis - in the place of parents. They are negligent when they ignore bullying.

When schools are negligent, victims can sue for damages.

To prove a case for negligence, a parent must show:

The school had a legal duty to protect the child from bullying
The school failed its duty, and
The school's failure to do its duty was the direct cause of damage or injury to the child.

Laws and policies do not prevent bullying. Schools that react do not prevent bullying. “Safe” schools do not prevent bullying. Only proactive, responsive schools can prevent tragedy from happening.

How can I tell how good my State's anti-bullying laws are?

2007-12-16T18:41:00.000-05:00

The Bully Police assigns grades to States. Indiana gets a B+ for its anti-bullying laws a B+.

Does that mean bullying does not happen here? http://www.bullypolice.org/in_law.html. Of course not. Every day, children are bullied in Indiana schools. http://www.wishtv.com/Global/story.asp?s=6894166, http://www.wishtv.com/Global/story.asp?s=5318312

Must Schools have Anti-Bullying Policies?

2007-12-16T18:40:00.000-05:00

Check your State laws to see whether it protects your child from bullying.

Indiana schools must have policies against bullying. Yet, some schools do not identify bullying. They use the term, “harassment.” Tippecanoe School Corporation addresses harassment in policy number 5517. http://tsc.k12.in.us/Board/Policy/SEC5000.pdf. West Lafayette Junior-Senior High School handbook prohibits “behavior that does physical or psychological harm to another person or urging of other students to engage in conduct.” The handbook identifies such behavior as “coercion, harassment, bullying, hazing, or other comparable conduct.” http://www.wl.k12.in.us/hs/admin/docs/hscode0607.pdf. Lafayette School Corporation’s elementary school handbook has similar language. http://www.lsc.k12.in.us/curriculum/07-08%20Elementary%20Handbook.pdf

By reducing “bullying” to “harassment,” schools ignore the problem. In reality, when children complain, schools often say, “It’s just teasing. You must learn to deal with it.” We must demand that schools stop treating bullying as a rite of passage, a part of growing up. Bullying is a serious problem.

Another problem with school policies is that victims cannot understand them nor do they know their rights to a formal complaint.

The anti-bullying complaint process must be simple. A child cannot be expected to understand Klondike Elementary School’s policy:

Harassment of a student(s) by other students or any member of the staff is incompatible with a physically and psychologically safe environment in which to learn. Harassment shall include any speech or action that creates a hostile or offensive learning environment. The Superintendent will ensure that the Student Code of Conduct contains language prohibiting any form of sexual harassment and any use of racial, religious, or ethnic verbal or physical harassment. Administrative guidelines will provide a means for a student to report harassment from a student, staff member or school visitor, to avoid embarrassment to the student and protect the confidentiality of the student when possible.
http://www.wvec.k12.in.us/kes/student_handbook.html.

The Bully Police, a watchdog organization advocating for bullied children, recommends that policies cover certain points. http://www.bullypolice.org/grade.html. Among other things, policies should:

· Use the word “bullying” and specifically prohibit it
· Not address it as a school safety issue (a reaction to Columbine-like incidents)
· Define “bullying.”
· Protect against reprisal or retaliation.
· Provide accountability.

How common is school bullying?

2007-12-16T18:39:00.000-05:00

Bullying is so prevalent that states are passing anti-bullying laws. Indiana did so in 2005. Indiana Code 20-33-8 defines bullying as,

“overt, repeated acts or gestures, including

(1) verbal or written communications transmitted;

(2) physical acts committed; or
(3) any other behaviors committed;

by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the other student.

Is bullying a crime?

2007-12-16T18:38:00.000-05:00

Check your State's laws on bullying.

Bullying may be a crime in Indiana. Indiana law says, “A person who intentionally causes another human being, by force, duress, or deception, to commit suicide commits causing suicide, a Class B felony.” Victims may also sue bullies for damages under civil procedures.

What are the consequences of bullying?

2007-12-16T18:37:00.000-05:00

Bullying is costly with serious, long lasting consequences. Victims have high levels of depression, anxiety and suicidal thoughts. Sometimes they carry through with those thoughts. http://www.jaredstory.com/bully.html.

Up to 15% of bullied children require intervention and support.
http://www.arts.yorku.ca/lamarsh/pdf/Making_a_Difference_in_Bullying.pdf

Reactions to bullying can be deadly. http://ceep.indiana.edu/projects/PDF/PB_V1N5_Bullying.pdf. See also: http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=15595.

In 2002, the Secret Services reported that nearly 75% of attackers in school shootings reported being bullied. http://www.secretservice.gov/ntac/ssi_final_report.pdf.

Reflecting on the numbers, one wonders why there are not more school shootings.

What is "cyberbullying?"

2007-12-16T18:35:00.002-05:00

Modern technology takes bullying to a higher level. Bullies now use the internet and cell phones. The National Crime Prevention Council identifies cyberbullying as actions where the bully:

Tricks a victim by pretending to be someone else
Spreads lies and rumors
Tricks victims into revealing personal information
Sends or forwards mean text messages
Posts pictures of victims without their consent
http://www.ncpc.org/cyberbullying

Where does bullying occur?

2007-12-16T18:35:00.001-05:00

Most bullying occurs when adults are not vigilant. Playgrounds and school hallways are common places. The American Psychological Association recommends that schools have adequate adult supervision during at-risk activities. http://www.apa.org/ppo/issues/bullying.html. Some schools are so large they cannot adequately monitor student behavior.

Who gets bullied in schools?

2007-12-16T18:34:00.000-05:00

Any student can be a victim of a bully.

Stanford University Medical Center research finds that as many as 90% of elementary age students are victims of bullying. http://www.sciencedaily.com/releases/2007/04/070412072345.htm.

In middle school and high school, bullies tease and socially isolate victims. They threaten them, use physical violence, harass and publicly intimidate them. Bullies destroy the personal property of victims. http://www.doe.state.in.us/legwatch/docs/Bullyingpaper2004session.doc

When does "teasing" become "bullying?"

2007-12-16T18:33:00.000-05:00

What is “bullying?” When does teasing rise to that level? The U.S. Justice Department says that bullying “involves a real or perceived imbalance of power, with the more powerful child or group attacking those who are less powerful.” Bullies use physical, verbal, and psychological means to terrorize their victims.
http://www.ncjrs.gov/pdffiles1/ojjdp/fs200127.pdf

What is "teasing?"

2007-12-16T18:32:00.000-05:00

Most of us remember teasing. As a child, some of us were “teasers.” Others regret that we did nothing to stop the teasing. Our behavior was unacceptable then. It continues to be so today.

“Kids can be cruel. Kids tease.” These are justifications and excuses not reasons.
Teasing is not harmless. It is a form of bullying, pure and simple.

Bullies target kids who look or talk different or who do not “fit in.” Riley Children’s Hospital statistics find that 61.6% of victims are bullied because of their speech or looks. Up to 7% of eighth grade students stay home because of bullies.
http://rileychildrenshospital.com/parents-and-patients/wellness-center/commed/professional-bullying.jsp

Finding a Special Education Advocate: Paid or Volunteer?

2007-11-28T11:05:00.000-05:00

Question:

Should I choose a special education advocate whom I must pay? Will a volunteer advocate be able to help me as much as a paid advocate?

Answer:

Many States have paid as well as volunteer advocates. Just because an advocate charges a fee does not necessarily mean that you will get better advocacy services. Alternatively, just because an advocate volunteers his or her services for free does not mean that he or she is not as good as a paid advocate. There are no standards of practice for special education advocates. So, you must check the advocate out carefully.

Before hiring a paid or unpaid special educaton advocate, review the guidelines on the Council of Parent Attorneys and Advocates (COPAA) website: http://www.copaa.net/. Click the link, "Find an Attorney/Advocate." Then, click the link on the left sidebar to review the guidelines to finding an experienced and knowledgeable advocate.

Just as advocates choose whether to volunteer or charge fo their services, they also choose what services they provide to parents. Some provide nothing more than a friendly face at an IEP Team meeting. Other advocates assist and advise parents at due process hearings and appeals.

You may think that you only need an advocate who will help you at an IEP Team Meeting. If you have ever attended a Wrightslaw Seminar, you understand Pete Wright's Rule of Adverse Assumptions. http://www.wrightslaw.com/schedule.htm.

In short, the Rules of Adverse Assumptions means you should always expect the very worst. Expect that one day you will end up in a special education hearing over your child's education.

If you subscribe to the Rule of Adverse Assumptions,you will want to choose an advocate with experience in due process hearings. That does not mean that the advocate has assisted and advised parents at special education due process hearing. It means that the advocate has knowledge of what happens at a special education due process hearing. An advocate who has this knowledge will make sure that what happens at your IEP Team Meeting assumes that you will end up at a due process hearing. He or she will protect your case for future resolution.

Advocates can obtain this type of experience by:

Working closely or developing a relationship with an experienced parent attorney.
Observing a number of different due process hearings
Being a paralegal or legal assistant for attorneys who represent parents

When you hire an advocate, you must make certain that the advocate will represent your interests -- now and in the future. Check the advocate out carefully. Your child's future may depend upon it.

Finding a Special Education Advocate

2007-11-28T10:47:00.000-05:00

Question:

Is there a certification, licensure, or Code of Professional Responsibility or Ethics Code for special education advocates?

Answer:

No. There is currently no system in place to certify or otherwise regulate special education advocates. Parents must carefully choose a special education advocate because there are no standards or regulations.

Special Education Consulting and Pat Howey have developed a draft Model Code for special education advocates and is soliciting comments on this draft.

http://www.patriciahowey.com/model_code_lay_advocates.htm.

This draft adopts heavily from the Model Rules developed by the National Federation of Paralegal Associations. http://www.paralegals.org/. Please review the comments accompanying the Model Code and submit your comments and suggestions to: patricia.howey@gmail.com.

The Council of Parent Attorneys and Advocates (COPAA, http://www.copaa.net/) is also looking into developing a Model Code or Model Rules.

Several groups are looking at regulating or certifiying special education advocates. The Council of Parent Attorneys and Advocates COPAA, http://www.copaa.net/), in cooperation with the University of Southern California, hosts a Special Education Advocate Training (SEAT) program. http://www.copaa.org/seat/index.html. This is not a licensure or certification program.

Until there are rules and some type of certification for special education advocates, the motto of parents should be, "Let the buyer beware."

Finding a Special Education Parent Attorney or Advocate

2007-11-28T10:42:00.000-05:00

Question:

How can I make sure that the parent attorney or special education advocate I contact is experienced and knowledgeable?

Answer:

The Council of Parent Attorneys and Advocates provides information to parents that is designed to help them find experiened and knowledgeable parent attorneys and advocates. Go to: http://www.copaa.net/. Click the link, "Find an attorney/advocate." On the left sidebar, COPAA has provided links to help parents choose experienced and knowledgeable parent attorneys and advocates.

Finding a Special Education Advocate

2007-11-28T10:29:00.000-05:00

Question:

The Council of Parent Attorneys and Advocates website does not list any advocates or attorneys in my State. I have contacted the nearest attorneys and advocates and they cannot recommend anyone to help me. What do I do now?

Answer:

Another resource is Wrightslaw's Yellow Pages for Kids website: http://www.yellowpagesforkids.com/.

At Wrightslaw's Yellow Pages, you may find attorneys or advocates who are not listed at the COPAA website. Yellow Pages for Kids has resources for each State. Listings are free.

If you are a special education advocate or parent attorney who is not listed at Yellow Pages, click the link at the bottom of the page to submit your information.

Finding a Special Education Advocate

2007-11-28T10:25:00.000-05:00

Question:

I need a special education advocate. How do I go about finding one in my State?

Answer:

The Council of Parent Attorneys and Advocates, COPAA, has a list of attorneys and advocates at their website: http://www.copaa.net. Click the link, "Find and Attorney/Advocate."

Keep in mind that not all States have COPAA attorneys or advocates. Contact an attorney or advocate in a State closest to where you live. If that attorney or advocate cannot help you, he or she might be able to refer you to another one who can help you.

What can I do if the school does not provide IEP services?

2007-11-14T20:33:00.000-05:00

Question:

My child is not receiving all of the services outlined in her IEP. What can I do about this?

Answer:

Your school must provide the services in your child's IEP. When this does not happen, you can file a State complaint. You may want to reconvene the IEP Team first to try to address this issue. It is always better to try to resolve issues at the local level, if possible.

Question:

Occupational Therapy is in my child's Individualized Education Plan. Sometimes the Occupational Therapist provides services to my child and sometimes she does not. Occupational Therapy services are inconsistent. My child has made very little progress in handwriting in the last four years. Can I ask the school to pay for my child's private Occupational Therapy in our home since it failed to provide the services in his Individualized Education Plan?

Answer:

Schools have the right to use their own staff. If the Occupational Therapist has not provided services in your child's Individualized Education Plan you could argue that the school should pay for your private Occupational Therapy. These would be services to compensate your child for the school's failure to see that the IEP services were provided.

It would be best if you find a local advocate or attorney to help you with this problem. Go to: http://www.copaa.net and click the link "find an attorney/advocate."

Also, if you can attend a Wrightslaw seminar you will learn how to address problems like this. http://www.wrightwslaw.com/speak/schedule.htm

Parents' Right to Copies of Education Records

2007-11-12T13:40:00.000-05:00

Question:

I recently requested my child's entire Cumulative & Confidential file. I asked for copies of all records, including testing. The school did not send any of the tests it used when my child was evaluated. There seems to be other items missing. Why did I not receive everything?

Answer:

Parents have a right to inspect and review all of their child’s education records relating to identification, evaluation, educational placement, and provision of a free appropriate public education. Parents do not have a right to copies of their child’s education records unless not having copies of the records keeps the parent from inspecting and reviewing the records.

Many schools agre to give parents copies of their child’s education records. When a school does this, it may charge parents for the copies. Your State may not allow your school to charge for its staff to find and copy records.

Test protocols are the actual instruments used to test a child. These are education records and a parent has the right to inspect and review them. Psychologist frown upon copying test protocols because this could compromise the integrity of the tests. If you have a private psychologist, you can ask the school to send copies of the protocols to your psychologist.

Parents often do not receive complete files from the school when they ask for them. School staff may not know exactly where all of a child's files are kept. Schools often keep many different files on a child and these files are often in different locations. For example, the speech therapist often carries each child's files with him or her.

There can be as many as twelve different “files” on a specific child. Sometimes the person who is assigned to copy a child’s file is not aware that there are so many files or that there are many different locations.

If you believe items other than test protocols are missing from your child, here is what you can do:

· Make a “grocery list” of the files you think are missing.

· Send a note to the person who took your original request for records saying that you did not receive all of the records you requested.

· Attach a copy of your original request and your “grocery list” as an example of the records you think are missing.

· Sign and date your note. Keep a copy for your own records.

· Wait about a week. If you do not receive a response after a week, send another note. Attach a copy of everything you have sent before.

· Provide two or three dates and times you can come in to look at your child’s records.

· Consider taking a small scanner and notebook computer. You can save money by scanning the records into your computer.

Question:

Am I entitled to a copy of my child’s evaluation report?

Answer:

Yes. IDEA 2004, Section 300.306(a)2) requires schools to give parents a free copy of the evaluation report. Schools must also give parents a free copy of any papers that determine their child’s eligibility for special education and related services.

Schools must provide parents with these free reports in time for the parents to be able to prepare for their child’s IEP meeting. IDEA 2004 does not specify a timeline as to when schools must provide parents with these free reports. States may determine their own timelines.

Question:

How soon after I ask to review my child’s education records must the school allow me to do so?

Answer:

IDEA 2004, Section 300.613(a) requires schools to allow parents to inspect and review their child’s education records without unnecessary delay and no more than 45 days after the parent has made the request.

Modifications, Accommodations, Adaptions, v. Special Instruction

2007-11-09T20:18:00.000-05:00

Question:

My child has a 504 Plan. She is supposed to have a reader and a scribe for classroom assignments and tests. Can she also have a reader and a scribe when she takes the Graduation Qualifying Examination (GQE)?

Answer:

It is that time of year again. Across the nation, classes are beginning. Parents are looking at IEPs and 504. Parents often ask questions about accommodations.

Accommodations

Accommodations are services or items that schools provide to adjust for a child’s disability. Accommodations never take the place of special instruction. Too often, that is exactly what happens.

Children with disabilities have a right to special instruction. Schools must teach child with disabilities.

Schools often suggest readers and scribes for children do not read or write well. This is all well and good as long as the school also provides reading and writing instruction. Schools often suggest accommodations instead of special instruction.

Most children can learn to read and write. For a child who can learn to read and right, readers and scribes are supposed to supplement instruction, not take its place. Schools should provide accommodations to a child with low reading and writing levels while the child receves instruction in reading and writing.

Accommodations supplement instruction. They accompany each other. Instruction and accommodations go hand in hand.

Children who learn to read and write do not need for readers and scribes. Schools that provide proper instruction are fulfilling the mission of IDEA 2004: They are preparing children for further education, employment, and independent living. 20 U.S.C. § 1400(d)

What about Modifications and Adaptations?

The same thing is true with modifications and adaptations. Modifications and adaptations change or adjust lessons and curriculum to meet the child’s unique needs. Modifications and adaptations do not replace instruction.

Examples of modifications and adaptations include

Enlarging text, lessons, and worksheets for a child with a visual impairment
Modifying a curriculum to adjust for the child’s disability.
Supplying a child with a hearing impairment with an FM Receiver

Waiving worksheets is not an option. That lowers the bar for the child. Watering down the course work does not prepare the child for adult life in the adult world.

Modification, adaptations, and accommodations do not provide unfair advantages. They do not make things easier. They should level the playing field for the child. They allow a child with a disability to learn the same things as his non-disabled peers. The child does the same work, but in a different way.

Back to the parent's question about accommodations on the Graduation Qualifying Exam (GQE):

The parent’s concern is whether this child should have a reader and a scribe. This tells us this child cannot read or write well enough to take the GQE without accommodations.

The more important question is why the school has not taught this child to read and write. She may pass the GQE with the aid of a reader and a scribe. She may earn a high school diploma. Can she go to college, live on her own, and earn a living?

This child needs special instruction. That is the battle this parent must fight.

Read what Pete Wright has to say about accommodations: http://www.wrightslaw.com/advoc/ltrs/accoms.mods.kelly.htm,

Read what Sue Heath has to say about accommodations and high stakes testing: http://www.wrightslaw.com/heath/highstake.accoms.htm

Read what Pat Howey has to say about modifications: http://www.wrightslaw.com/howey/tchr.mods.unfair.htm
Some children with disabilities need accommodations and modifications in their special education programs. This 4 page printer-friendly PDF article defines accommodations and modifications and gives examples for books, curriculum, instruction, assignments, and behavior.

Remember that denying the accommodations and modifications that will allow the child equal access to an education is a denial of the child's right to a Free Appropriate Public Education (FAPE). Learn more here.

Requesting a Due Process Hearing

2007-11-09T15:18:00.000-05:00

Question:

How do I request a due process hearing?

Answer:

Each State must provide parents with a model form to request a due process hearing. You can usually find these forms and much more at your State's Department of Education, Division of Special Education's website.

You should consult an attorney before you even ask this question. A hearing is a mini-legal proceedings. In some states, hearings take days, weeks, or even months to finish. Hearings involve exhibits, subpoenas, examination and cross-examination of witnesses, opening statements, closing arguments, legal briefs and arguments. Parents must have some knowledge of legal proceedings in order to be able to effectively advocate for their child in a hearing.

To find an attorney, go to: http://www.copaa.net/ and click the link "Find and attorney or an advocate." Contact the attorney closest to you. Keep in mind that the closest attorney may be in another state.

You can also go to: http://www.yellowpagesforkids.com/. Sometimes you can find a parent attorney here.