Monday, December 13, 2010
The Importance of Brown vs. Board of Education
Did you know that the rights of children with disability to be educated in the least restrictive environment (LRE) flows directly from Brown vs. Board of Education. The Brown case was the vital Supreme Court case, which held that the segregation of people due to race was inherently discriminatory and harmful. Read the case to understand the important of LRE for our children. http://www.wrightslaw.com/law/
Friday, October 22, 2010
US DOE Bullying Surveys and New Website
The Department of Education (ED) announced grant awards to 11 states for Safe and Supportive School programs. States will use the grant money to conduct in-depth surveys of students, family, and staff about school safety and direct dollars to the schools with the biggest problems. The 11 states are: AZ, CA, IA, KS, LA, MD, MI, SC, TN, WV, and WI. The Office of Civil Rights in The U.S. Department of Education will issue guidance to schools in the next few months explaining that bullying can include racial, sexual, or disability harassment that is prohibited by law. It will also inform schools of their legal responsibilities to protect students from discriminatory harassment.
The Department has a new bullying website at:
Tuesday, October 19, 2010
What is Specially Designed Instruction?
The Specially Designed Instruction (SDIs) section of the Individual Education Plan (IEP) is one of the most important parts of this important document. The special education teacher, with the IEP Team determines what accommodations and modifications the student will be receiving. As a legal document, the IEP not only binds the special educator but the whole school population in terms of every member of the community must deal with this child. Extended test time, frequent bathroom breaks, whatever "SDI's" are written into the IEP must be provided by the principal, the librarian, the gym teacher, the lunchroom monitor, the general education teacher as well as the special education teacher. Failure to provide those accommodations and modifications can create serious legal jeopardy for the members of the school community who ignore them.
SDI's fall into two categories: accommodations and modifications. Some people use the terms interchangeably, but legally they are not the same. Children with 504 plans will have accommodations but not modifications in their plans. Children with IEP's can have both.
Accommodations: These are changes in the way in which the child is treated in order to best accommodate the child's physical, cognitive or emotional challenges. They might include:
•Extended time for tests (the standard is one and a half times as long as allowed, but for academic tests in most general education classrooms unlimited time is not uncommon.)
•Frequent test breaks
•The ability to move around the classroom (especially kids with ADHD)
•Bathroom breaks when needed.
•Special seating (in front of class, separated from peers)
•A water bottle at the student's desk (some medications create dry-mouth.)
Modifications: These change the academic or curricular demands made of a child to better fit the child's ability. Modifications might include the following:
•Modified homework
•10 words on spelling tests
•Scribing (the teacher or an aide writes the responses as dictated by a child.
•Separate modified tests in content areas.
Alternate forms of assessment: dictating, oral retelling, portfolios
It's good to have a conversation with other teachers who sees a child as you are preparing the IEP. (See Writing an IEP) to discuss SDI's,. especially if you need to prepare that teacher to deal with an accommodation they are not going to like (like bathroom breaks without requests. Expect this request from parents, and expect general ed teachers to fight it. Some children have medications that make them need to urinate frequently.)
Once an IEP is signed, and the IEP meeting is over, be sure every teacher who sees the child gets a copy of the IEP. It is also important that you go over the SDI's and discuss how they are going to be carried out. This is one place a general educator can cause him or herself some serious grief with parents. This is also a place where that same teacher can earn the trust and support of those parents.
(Courtesy-Jerry Webster, about.com)
SDI's fall into two categories: accommodations and modifications. Some people use the terms interchangeably, but legally they are not the same. Children with 504 plans will have accommodations but not modifications in their plans. Children with IEP's can have both.
Accommodations: These are changes in the way in which the child is treated in order to best accommodate the child's physical, cognitive or emotional challenges. They might include:
•Extended time for tests (the standard is one and a half times as long as allowed, but for academic tests in most general education classrooms unlimited time is not uncommon.)
•Frequent test breaks
•The ability to move around the classroom (especially kids with ADHD)
•Bathroom breaks when needed.
•Special seating (in front of class, separated from peers)
•A water bottle at the student's desk (some medications create dry-mouth.)
Modifications: These change the academic or curricular demands made of a child to better fit the child's ability. Modifications might include the following:
•Modified homework
•10 words on spelling tests
•Scribing (the teacher or an aide writes the responses as dictated by a child.
•Separate modified tests in content areas.
Alternate forms of assessment: dictating, oral retelling, portfolios
It's good to have a conversation with other teachers who sees a child as you are preparing the IEP. (See Writing an IEP) to discuss SDI's,. especially if you need to prepare that teacher to deal with an accommodation they are not going to like (like bathroom breaks without requests. Expect this request from parents, and expect general ed teachers to fight it. Some children have medications that make them need to urinate frequently.)
Once an IEP is signed, and the IEP meeting is over, be sure every teacher who sees the child gets a copy of the IEP. It is also important that you go over the SDI's and discuss how they are going to be carried out. This is one place a general educator can cause him or herself some serious grief with parents. This is also a place where that same teacher can earn the trust and support of those parents.
(Courtesy-Jerry Webster, about.com)
Saturday, October 2, 2010
For Parents Whose Children Are In Transition
A good reminder for employers and parents whose children are in transition:
The Equal Employment Opportunity Commission (EEOC) continued to aggressively pursue employers who discriminate against individuals with disabilities. The EEOC filed a lawsuit against Tarsadia Hotels that operates Comfort Suites in California for allegedly firing a front desk clerk who has autism. The employer allegedly belittled the employee, refused to provide accommodations and denied the employee access to a job coach whose services were free to the hotel. More information is available at:
http://www.eeoc.gov/eeoc/newsroom/release/9-16-10b.cfm
The Equal Employment Opportunity Commission (EEOC) continued to aggressively pursue employers who discriminate against individuals with disabilities. The EEOC filed a lawsuit against Tarsadia Hotels that operates Comfort Suites in California for allegedly firing a front desk clerk who has autism. The employer allegedly belittled the employee, refused to provide accommodations and denied the employee access to a job coach whose services were free to the hotel. More information is available at:
http://www.eeoc.gov/eeoc/newsroom/release/9-16-10b.cfm
Monday, September 27, 2010
Predetermination in IEP's
Many parents feel left out of the IEP process and feel that it is anything but "individual" when they arrive to a meeting to be given a Draft IEP that becomes the IEP by the need of the meeting with little to no input. Parents are supposed to be an integral part of the IEP team, not just a consenting signature.
These are some examples of how this looks:
- The District meets just before the IEP for extended periods of time. They coordinate what they are going to tell parents. Parents are often told that a certain placement is "a wonderful school" by the entire IEP team even though not a one has even been there to see it.
- The District meets without parents, and then writes it up as an IEP meeting.
- Refuses to make any changes to the IEPs stamped DRAFT.
- If parents refuse to consent to the IEP they hold another meeting without the parent, stating that they have made reasonable effort to notify parents who won't respond.
- Refuse to provide parents written reports or Draft IEP's
- Staff say "Outside evaluators cannot overrule the IEP team, and I have decided that ..."
A great case involving pre-determination is Zachary Deal v. Hamilton County TN Board of Education. You can find it on wrightslaw.com.
Predetermination can be proven by:
1. Them making few and no substantial changes reflecting parent input from the draft ones they provide.
2. Them having a pattern of doing the same IEP categorically or maybe just at a specific school.
3. Them failing to identify any substantive reason or data in the prior written notice given the parent for refusing parent requests.
4. Recorded admissions that this is the way it is going to be whether the parent likes it or not.
These are some examples of how this looks:
- The District meets just before the IEP for extended periods of time. They coordinate what they are going to tell parents. Parents are often told that a certain placement is "a wonderful school" by the entire IEP team even though not a one has even been there to see it.
- The District meets without parents, and then writes it up as an IEP meeting.
- Refuses to make any changes to the IEPs stamped DRAFT.
- If parents refuse to consent to the IEP they hold another meeting without the parent, stating that they have made reasonable effort to notify parents who won't respond.
- Refuse to provide parents written reports or Draft IEP's
- Staff say "Outside evaluators cannot overrule the IEP team, and I have decided that ..."
A great case involving pre-determination is Zachary Deal v. Hamilton County TN Board of Education. You can find it on wrightslaw.com.
Predetermination can be proven by:
1. Them making few and no substantial changes reflecting parent input from the draft ones they provide.
2. Them having a pattern of doing the same IEP categorically or maybe just at a specific school.
3. Them failing to identify any substantive reason or data in the prior written notice given the parent for refusing parent requests.
4. Recorded admissions that this is the way it is going to be whether the parent likes it or not.
Tuesday, August 10, 2010
7 Common Types of Learning Disabilities
Would you like to know about different kinds of learning disabilities so that you can advocate for special education eligibility that your child requires to benefit from his or her education? This article will discuss 7 common types of learning disabilities and some signs and symptoms of each.
1. Dyslexia is a specific learning disability that is neurological in nature. A few of the common signs are: difficulty with accurate fluent word recognition, poor spelling, poor decoding, does not understand that words come apart, and can be broken down. This difficulty tends to result from a deficit in the phonological component of language. Also difficulty in reading comprehension, reading is labored and does not flow easily.
Some parents are being told by some special education personnel that their children cannot have Dyslexia because they do not switch their letters. This is a myth and actually does not occur with a lot of children with dyslexia. Dyslexia is more related to being able to break down and understand language.
2. Central Auditory Processing Disorders (CAPD) is a disorder where a child can hear fine but the information gets mixed up in side the child's brain. For Example: You may tell your child to go get her hat and she comes out with her boots. Some parents think this is defiance but if what you say gets scrambled, the child cannot respond appropriately. This has major educational implications as much of teaching is done verbally!
3. Visual Processing Disorders is similar to the above but what gets mixed up is visual information not verbal. While some teaching is done verbally a lot of teaching is done with books and reading material. Imagine how crazy it can get for the child if everything they read gets scrambled! Also major educational implications.
4. Dysgraphia is when a person struggles with forming letters or writing within a defined space. Some children with disabilities have poor handwriting but this goes beyond that. The child does not remember how to make the letters and then physically struggles to do so. Assistive technology is a great way to help a child benefit from their education, if they have dysgraphia.
5. Dyscalculia occurs when a person has trouble solving math problems and grasping math concepts. If a child is given appropriate instruction in math but still cannot grasp basic concepts it may be due to Dyscalculia.
6. Non Verbal learning disabilities is a specific disorder which originates in the right hemisphere of the brain. This causes difficulties with visual spatial, organization, and executive function areas.
7. Written Language disability is when a child cannot grasp sentence structure and also cannot put their thoughts and ideas into words. Many children with disabilities also have a written language disability. One sign is that the child's writing assignments seem immature and do not match the way the child speaks. It is critical that a child with this disability be taught appropriately so that they can write papers etc. If they do not learn this skill it will keep them from post school learning.
What is very interesting in the last several years is that many children have begun to be diagnosed with several disabilities, not just one. Some children with autism may be later diagnosed with Dyslexia, or Central Auditory Processing Disorder or other learning disabilities. By understanding and having knowledge of these 7 common LD's may help you advocate for your child.
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special education system, as an advocate, for over 15 years. She is a presenter and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game." The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled "The Special Education Spotlight" send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com
1. Dyslexia is a specific learning disability that is neurological in nature. A few of the common signs are: difficulty with accurate fluent word recognition, poor spelling, poor decoding, does not understand that words come apart, and can be broken down. This difficulty tends to result from a deficit in the phonological component of language. Also difficulty in reading comprehension, reading is labored and does not flow easily.
Some parents are being told by some special education personnel that their children cannot have Dyslexia because they do not switch their letters. This is a myth and actually does not occur with a lot of children with dyslexia. Dyslexia is more related to being able to break down and understand language.
2. Central Auditory Processing Disorders (CAPD) is a disorder where a child can hear fine but the information gets mixed up in side the child's brain. For Example: You may tell your child to go get her hat and she comes out with her boots. Some parents think this is defiance but if what you say gets scrambled, the child cannot respond appropriately. This has major educational implications as much of teaching is done verbally!
3. Visual Processing Disorders is similar to the above but what gets mixed up is visual information not verbal. While some teaching is done verbally a lot of teaching is done with books and reading material. Imagine how crazy it can get for the child if everything they read gets scrambled! Also major educational implications.
4. Dysgraphia is when a person struggles with forming letters or writing within a defined space. Some children with disabilities have poor handwriting but this goes beyond that. The child does not remember how to make the letters and then physically struggles to do so. Assistive technology is a great way to help a child benefit from their education, if they have dysgraphia.
5. Dyscalculia occurs when a person has trouble solving math problems and grasping math concepts. If a child is given appropriate instruction in math but still cannot grasp basic concepts it may be due to Dyscalculia.
6. Non Verbal learning disabilities is a specific disorder which originates in the right hemisphere of the brain. This causes difficulties with visual spatial, organization, and executive function areas.
7. Written Language disability is when a child cannot grasp sentence structure and also cannot put their thoughts and ideas into words. Many children with disabilities also have a written language disability. One sign is that the child's writing assignments seem immature and do not match the way the child speaks. It is critical that a child with this disability be taught appropriately so that they can write papers etc. If they do not learn this skill it will keep them from post school learning.
What is very interesting in the last several years is that many children have begun to be diagnosed with several disabilities, not just one. Some children with autism may be later diagnosed with Dyslexia, or Central Auditory Processing Disorder or other learning disabilities. By understanding and having knowledge of these 7 common LD's may help you advocate for your child.
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special education system, as an advocate, for over 15 years. She is a presenter and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game." The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled "The Special Education Spotlight" send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com
Wednesday, August 4, 2010
20th anniversary of the Americans with Disabilities Act (ADA)
Has anyone noticed that I have not been very good about keeping this blog up to date. We have been enjoying the hot summer weather and taking some time out for vacation, friends and family.
The biggest news story since I last posted is the 20th anniversary of the Americans with Disabilities Act (ADA). Patricia Bauer at Disability News has a good summary of media coverage.
Read more on the anniversary:
ADA at 20: A Nation Transformed, in which Senator Tom Harkin refers to the ADA as the "Emancipation Proclamation for people with disabilities."
More federal resources from ADA.gov
Are you encouraged or discouraged about where we are as a country when it comes to the rights of people with disabilities?
The biggest news story since I last posted is the 20th anniversary of the Americans with Disabilities Act (ADA). Patricia Bauer at Disability News has a good summary of media coverage.
Read more on the anniversary:
ADA at 20: A Nation Transformed, in which Senator Tom Harkin refers to the ADA as the "Emancipation Proclamation for people with disabilities."
More federal resources from ADA.gov
Are you encouraged or discouraged about where we are as a country when it comes to the rights of people with disabilities?
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Accommodations are adjustments in the presentation of information or tasks that enable children with disabilities to complete the same work as their peers. Examples include sitting near the teacher or extra testing time.
