Ranked "Top 30" in parenting blogs to follow!

Sunday, December 25, 2005

ADA Watch, Wrightslaw, and Ohio's own Ruth Colker

Here is the National Coalition for Disabilities Watch group that we all need to look at once a month ... http://www.adawatch.org/protect.asp


Also, don't forget Wrightslaw, the famous "Nick and Nora" of the new millenium ...


The search engine on our site is extremely fast and comprehensive.

If you haven't visited for a while, check the News page.http://www.wrightslaw.com/news.htm
If you are looking for information about advocacy, visit the Advocacy Libraries. The most popular articles are in this Library. http://www.wrightslaw.com/articles.htm
If you are looking for the statutes, cases, and other legal information, visit the Law Libraries.
To find information by subject, visit the Topics page.http://www.wrightslaw.com/topics.htm
If you cannot find the information you need, use the Search box at the top of each page.

Please subscribe to The Special Ed Advocate, our online newsletter about special education advocacy and legal issues - it's free. You can subscribe from any page.FOR PARENTSWe receive dozens of requests for help every day. Usually the answer to your question is in an article on the site or in one (or both) of our books.We wrote the books to meet the needs of parents, especially parents in crisis. Please use the search engine to find information about your issues.If you wrote to request advice about your child's situation, please understand that we cannot answer specific questions or provide legal advice online. In most cases, the presenting problem is not the most important issue that needs to be addressed.

If you are dealing with a school problem, it is difficult to step back and get a fresh perspective on the problems and possible solutions. Yet this is what you need to do. Many parents say that after they read the articles on the site, read our books, and organized their child's file, they were able to identify the important issues and knew what to do. They did not need an attorney - they needed a plan.You can get accurate information about your legal rights and responsibilities on the Wrightslaw site and from our books. You can also learn how to use tactics and strategies to get better services for your child. When parents use tactics and strategies, they can often get better services for their children without the help of an attorney. Begin your search for information with our Getting Help pages:http://www.wrightslaw.com/links.htm

Although facts and law are important, they do not control outcome. You need to present information and requests in a way that makes your adversary WANT to give your child what he or she needs. You avoid a battle. Everyone benefits, especially your child.Do not allow the situation to get polarized. If you cannot do this, ask someone to help you. If you are looking for an attorney or advocate, visit our Yellow Pages website at:http://www.yellowpagesforkids.com/ and click on your own state's listings.

Also see our legal resources at:http://www.wrightslaw.com/links/legal_advocacy.htmandhttp://www.yellowpagesforkids.com/help/legal_advocacy.htmIf you are looking for help or a helper - an advocate, tutor, evaluator, attorney, visit the Yellow Pages for Kids with Disabilities - we have a directory for every state: http://www.yellowpagesforkids.com/

CONSULTATIONS + LEGAL QUESTIONSPete is often away from the office for days at a time in due process hearings, witness meetings, trials and training conferences for parents, advocates and attorneys. When he is in Deltaville, he has face to face and telephone consultations with parents about special education issues. An average consultation includes one or two hours to review the file and another hour or two for the consultation. Before a consultation, the parent must complete and return the questionnaire along with copies of the child's file.If you are interested in a consultation, follow this link:http://www.wrightslaw.com/Consults.htm and also send a blank email tomailto:toconsult@wrightslaw.com

BOOKSFor information about our books, please visit our publications page:http://www.wrightslaw.com/pubs.htm
For information about, Wrightslaw: From Emotions to Advocacy - The Special Education Survival Guide, follow this link -http://www.wrightslaw.com/bks/feta2/feta2.htm




"Everyday Law" for Individuals with disabilities...
Everyday Law for Individuals with DisabilitiesBy Ruth Colker and Adam MilaniParadigm Publishers$18.95 paperback,1-59451-145-4Handbook helps the disabled and their families navigate legal issues with ease ...If you are an individual with a disability and believe you have been discriminated against, it is often hard to find a lawyer to help remedy your situation. Accordingly, “self-help” may often be your most, or your only, viable strategy. But how to proceed? This book serves as a badly needed practical guide to disability discrimination law. Covering a wide range of issues faced by individuals with different kinds of disabilities, it not only describes those individuals’ legal rights but also suggests solutions to disability discrimination issues that are more practical and less expensive than filing a lawsuit.Written by two disability law experts, Ruth Colker, whose son is developmentally disabled, and Adam Milani, who was paralyzed from the chest down, this book is informed by their scholarly expertise but is also based on their collective practical experience from years of navigating issues of disability discrimination.Everyday Law for Individuals with Disabilities is the first in a series of practical guides to the law, organized by series editors Richard Delgado and Jean Stephancic, packed with useful overviews and advice for the people who need it most and can least afford it.Ruth Colker holds the Heck-Faust Memorial Chair in Constitutional Law at Ohio State University. The late Adam Milani was Associate Professor of Law at Mercer University. They are coauthors (with Bonnie Poitras Tucker) of The Law of Disability Discrimination (4th ed., Anderson Publishing 2003). In addition, Colker is the author of Disability Pendulum: The First Decade of the Americans with Disabilities Act (New York University Press, 2005), and Milani is the coauthor (with Bonnie Poitras Tucker) of Federal Disability Law in a Nutshell (3rd ed., West, 2004).

Monday, October 17, 2005

Be Prepared! IEP

I just heard from a public school teacher about his new student with "autism." It appears the teacher's district school was not the mother's first choice, but was denied attending the "first choice" because these same services could be offered through the district based on the IEP they had written.

The public school teacher was told by the mother that the school would not pay for transportation to her first choice. The public school teacher has not even seen the IEP or given any information about his new student from the school yet, but he was told that this student would be starting next week. His conversation so far has been directly with the mother.


The teacher's question to me was how could his district school tell this mother that the services were equal to what this other school could provide, when it was not. The teacher is a strong proponent of mainstreaming and inclusion, but thinks his district school is wrong about denying this woman her first choice.

"There is no way I can provide the experience this boy deserves with the limited space and large class. Even the mother knows he is probably better off in this other school and doesn't understand why the district will not let her son attend a school where can succeed and not be the focus of behavior issues."

It all starts with writing the IEP and if parents rely on the school to write it for them, they will short-change their child's education needs. The mother should have had a meeting previously with her first choice school and other advocates for children with autism. Together, they could have helped this woman develop a vision and plan for what was best for her son in the form of an education.

The next step, would be to bring this vision, plan and advocate group to the district school to help educate the school about what was best for the child. IEP meetings are suppose to be a collaboration to identify the child' needs, strengths, ability, and skills and then create an education plan where the child can grow in ability, skill, and strength. If at this point, the district school still believes they can offer the same services at the district school, then they need to explain step by step how they will support the initial vision and plan.

Tuesday, October 4, 2005

Questions To Ask Your School District Representative

1. What will your son or daughter be doing at school? If your child is accessed at a much lower functioning ability than his or her peers, than what exercises/activities can your son or daughter be involved in that will meet his or her individualized education skills? (When the kids are doing math, spelling, science, what adaptions are made for your son or daughter so they can be fully included in the classroom)


2. Where will your child be if it becomes neccessary to leave the classroom? What does the school consider an "reasonable" amount of time out of the classroom for it to be considered beneficial to your child?

3. Where does your child go when they are pulled out of class and what are they doing with them while they are in this room? What is the student: teacher ratio? It is reasonable for the school to assume that your son or daughter's individual education needs can be met with other students in this room?

4. Does your child's school provide a certified special education teacher who is licensed to make pecial adaptions and special changes for your child IN THE CLASSROOM AND OTHER SCHOOL ACTIVITIES so that they can be fully mainstreamed ?

5. Will your child's "velcro" aid have the resources to adapt the material for your child so he or she will be included in the curriculum? If the velco aid is spending time with your son or daughter, how much time is allowed to make these special adaptions?

6. Will your child advocating agency be permitted to make drop in visits to check in?

7. What kind of adaptive equipment does your child have access to in the classroom and for other school related activities. For example, is there a braille machine or tape recorder? Braille copy of text or tape cassette of books and other related material same as the other children in the class? Augmentative speech buttons? Standers? Button operated- electric scissors? Head or foot sensitive switches?

8. . What will your child take away at the end of the day? Homework? Response Sheets?

9. What skills are your child developing while they are at school?

10. If your child is exempt from taking tests, exempt from doing what the other kids are doing in class, exempt from participating in class discussion, exempt from school curricula, then what is your child doing at school and what can the school do to make sure this is not happening?

11. Is your child being mainstreamed or warehoused? What good is an IEP if it does not address your child's individual education needs? (ex. You son is not cognition-wired to process math, spelling, history. So what can the school offer your son or daughter based on their individual developmental ability?)

If find the school answering these questionthem in a way that is not beneficial to your child's education, your child is not being "mainstreamed" and probably missing out on the education to which he or she is entitled. They are being "warehoused.

Some parents have opted to keep their child at home or found alternative therapeutic schools in the community that help their child develop skills to become independent through "continuum of alternative services" and by rights cannot be removed without written notification to parent outlining HOW these services will be transferred.

This clause allows a the school to provide services and activities according to the individual needs of the child.

Monday, August 15, 2005

Stipulation Worth More Than Weight in Gold

Stipulation: A Word Worth More Than Its Weight In Gold

This word "stipulation" is stuck in my mind. Sometimes, it keeps me up late at night. Sometimes, I ask God to please erase it from my mind. It is the word that closed HCDDS's (Formally Hamilton County MRDD) Frederick A. Breyer and sent kids from Margaret Rost and Bobbie B. Fairfax to their school district. It was the word that erased a valuabe resource in the community for children with very special needs. It was the word I read from the MR/dd superintendent when it was suggested she move the MR/dd offices into into Breyer School to save money and the school would be preserved. It was the word that nobody wanted to own but it was the word that everybody used to take our children's services away.

I wonder why this word ended up on the Hamilton County Tax Levy and why the Hamilton County Tax Levy Review Committee included it as part of the mental retardation tax levy. This word was so important that it had to be included before the levy would be considered for ballot. This word "stipulation" had to go on the levy to close a school but not to be used to move MR/dd offices at Malsbury, a rented facility, into a building they already own. It was the word somebody used when I asked why Maximus overlooked this valuable piece of real estate, our school, to be considered for offices space that MR/dd superintendent had budgeted into this tax levy instead of seeing our school as "empty."

This word "stipulation" is the first word I thought of upon arriving to the Forum in May 2005 when the Mr/dd schools were pitted against each other to see who would be the 2 lucky schools to open and it the word I cursed when I found out the bus staff knew Breyer was closing at the beginning of the school year in September 2004. This word stuck to me when I was walking past the empty MR/dd board room on my way to another meeting room to attend the MR/dd Board Meeting on June 14, 2005. It was the word I heard discussed by 3 board members and a Superintendent to pass a motion to close my daughter's school.  It is this word whose weight is worth more than gold for people in power and it is the word that took my daughter's and others like her, their gold from them, their right to an individualized special education.

Wednesday, June 15, 2005

MR/DD Cincinnati Post Article About School Closing

Tuesday, June 14, 2005
http://news.cincypost.com/apps/pbcs.dll/article?AID=/20050615/NEWS01/506150356
Posted by Labeled Disabled at 7:28 AM 0 comments
Monday, June 13, 2005

MRDD Closing Public School in Cincinnati
MR/DD closing public schoolBy Troy LylePost staff reporter

In a cost-cutting move, Breyer School will close in the fall of 2006, the Hamilton County Board of Mental Retardation/Developmental Disabilities MR/dd announced Tuesday.The decision to close one of three public schools serving students with mental retardation and developmental disabilities was based on the recommendation of Maximus Consulting, a Columbus auditor hired by the Hamilton County Commission to identify ways the county could save money.The consultants concluded that it was too expensive to operate all three schools. The other two schools are Rost School in Green Township and Fairfax School."It's hard to move forward and make a decision like this," said Shelley F. Goering, newly elected president of the Hamilton County Board of MR/DD. "We took our time, we looked at all the factors and we made every effort to come to the best possible decision."Breyer, in New Burlington, was targeted, among other reasons, because its enrollment is declining, its building is the oldest of the three schools and it will be easier to transport its students to the other schools, the board said.Board members said closing Breyer would save about $903,000 annually.

Last year, the board asked the county commission put a five-year levy before voters that would bring in $381 million, but the commission approved just a $338.8 million levy. That led the board to terminate its preschool program in May and to go forward with plans to close a school.Parents worried that losing Breyer would exacerbate students' problems by increasing travel time and placing them in unfamiliar surroundings.Goering said the board is doing everything it can to make sure that won't be the case.Students at Breyer will undergo individual evaluations over the next year to determine whether Rost or Fairfax is best for them, she said.But Elise Fessler, a resident of Finneytown and mother of a student at Breyer, said that will be too little too late."I would love to have fought the battle I fought for the last two months, for the last year," she said, referring to a lack of communication between the board, schools and parents.Fessler said her main concern is "the loss of opportunities associated with a massive increase in student populations."There's the likelihood of more crowded classrooms and loss of specialized rooms for art, music, sensory and life skills classes, she said."These spaces and rooms are absolutely essential to our kids," said Fessler.

She wasn't alone in her frustration."My question is who's in charge of my daughter's education?" asked Donna Saul, of Springfield Township, another Breyer parent."They're bartering our kids' futures away. The parents and schools should be making these decisions, not boards and commissions."Board chair Cheryl Phipps said despite the concerns about Breyer, no staff would be laid off and no students would go unserved.But Saul said that simply wouldn't be the case."There's no doubt some kids will be lost in the process," she said.

Sunday, May 15, 2005

DIAMONDS NOT DINOSAURS: MR/DD THERAPY SCHOOLS

Diamonds Not Dinosaurs

We have in Hamilton County three gems that have been consistently supported by the voters of this county. Those "diamonds" are the Hamilton County MRDD schools: Frederick Breyer, Bobbie Fairfax and Margaret Rost Schools. Our country decided to provide an education for ALL children with the Individuals with Disabilities Education Act (IDEA) in 1974. Hamilton County was actually already providing for special needs children before that through MRDD schools. With this history of progressive thinking we hate to see our community take a step backward. Inclusion opportunities are wonderful for some children, but they do not represent the "least restrictive environment" for all.

Unfortunately, the educational pendulum of inclusion has labeled MRDD schools and those that support them, "dinosaurs". With that thinking, many well meaning people in education are not providing families with information on all of their educational options. MRDD schools should be allowed and expected to present their schools as a viable option. This is not being done because of a County Commissioner’s Tax Levy Review Committee stipulation that "no new programs be started that might attract new enrollees".

Now the plan is to discard one of the "diamonds".We are begging to keep the educational opportunity options available that we have now. With the closing of an MRDD school other placement options will be encouraged (inclusion or MRDD Satellites) and a detrimentally crowded situation will be in the two remaining schools making it difficult to achieve Individualized Education Plan (IEP) goals. These other placements are NOT equivalent to the MRDD schools.

These MRDD schools provide: specially trained teachers and staff in all areas; adapted physical education, art and music from certified people experienced with special needs; there are Physical, Occupational, Speech and Behavioral Therapists on site; a nurse is available at the school at all times to deal with medically fragile children, seizures, and feeding issues. Every part of each building is accessible and has specialized equipment (communication devices, sensory rooms, enclosed outside play areas, life skills equipment).

Do you know that certified regular education teachers do not need to have special education training? With a population of like peers, specialized events or activities are possible where the special needs child is the norm like Breyer Adapted Irish Dance Team, Fairfax Singing Fingers, Sitting Teams, Prom and Special Event Days.For years the three MRDD schools have prepared people to achieve to the best of their abilities because the staff has been trained to deal with special needs issues.

Very few "other options" (local public school or satellites) truly can duplicate what is available at Breyer, Rost or Fairfax. If the "secret" of what a wonderful job the MRDD staff does could be brought out the enrollment numbers may not even be an issue.

We are NOT against inclusion. It works well for many children. We are for options! Please contact the Hamilton County Commissioners and the MRDD Board and Administration to tell them you have voted with your heart to support the children with disabilities and do not want to see their services cut or their education options eliminated.In the era of "No Child Left Behind", without these MRDD schools our children will be LEFT BEHIND!-submitted by Robby's Mom
Posted by Labeled Disabled at

Thursday, February 10, 2005

MR/DD THERAPY SCHOOLS HAMILTON COUNTY

"I found MR/dd therapeutic schools by accident from asking around about alternative classroom settings beyond what my district school at the time offered. I was about to sign on the dotted line when one the Cincinnati Public School school teachers after noticing my frustration, apprehension, skepticism, and disappointment -- blurted something like "we're not suppose to say this" ... "but" ... when I asked what purpose the "continuum of alternative services" if there were no alternatives available in Cincinnati?"

Recently, Elisabeth and her classmates studied the series "Chronicles of Narnia" at her school, Frederick A. Breyer, an MR/dd operated therapeutic facility designed to meet the developing need of children who function at a very young age or have medical conditions that require a nurse's care or have some other serious delay in communication or mobility. (As a family we were thrilled about this selection of books because we have read this series to all our children when they were younger.)

Her classroom looks different from a typical district school classroom in that the focus is at the center of the room with plenty of room to move around independently. She shares it with 8 other classmates whom switch classes with other groups like their middle-school peers. "Center" stage I call it. The critical part of creating an environment for students like my daughter is that it is spacious, uncluttered, and promotes concentration and focus; key ingredients driving her successes and goals of her IEP.One day while visiting the school "unannounced" I found her teachers using a circular garment rack found in most retail stores and had hung "fur jackets" (made of paper and scraps of fake fur) to recreate the beginning of one of the books where the kids go through the "Wardrobe." The students were being wheeled in and out for tactile stimulation while the therapists assisted and charted each student experiences. The room was filled with laughter and smiles on every student's face. I saw "switch-operated" communications aids on every student's tray or within reach of toes, heads, shoulders (whatever part of the body used to activate the switches. ) Also on their tray, I found other objects associated with the story to help re-create the experience making it more personal. After leaving, I realized something like this could never happen in a classroom of their biological peers; classrooms dictated by cognitive driven exercises and filled with desks, coat racks, lunch bucket, etc.

Each night, we received a sheet with all the "reactions" listed since she is unable to tell us how her day went or what she did all day. Also sent home each night was a box with smaller props that were used throughout the school day so as a family, we could share with Elisabeth at home her experiences from "reading" the book. In most cases, the props serve as a guessing game we played after dinner trying to figure out the object Elisabeth made on her own.Everyday, the teachers, therapists, and volunteers offer very creative and clever adaptations to age-related books and school curricula so that the experiences can be meaningful and purposeful. (Another favorite of mine was "Road to Tarabithia" and "Holes" and it was my 16 year old who guessed why a bright red lipstick was in Elisabeth's box this particular night)Students are kept busy and focused without interruptions. The adaptations are made specifically for their individual needs and guided by an experienced-licensed therapeutic staff based on the special ed. teacher's classroom observations and suggestions. It is collaboration with a capital "T" for teamwork.

Another example when they were studying "earth science" the teachers and therapy staff re-created a beach scene with the sound of waves crashing and had buckets filled with sand, water, and tactile objects of "sea life" and other related props to promote stimulation and response. One of the class projects was making an "aquarium" window box and a mobile with elements of "sea life" for visual stimulation. Again, we used these objects to "communicate" with Elisabeth about what she did all day at school. The space that allows this to happen has room for kids in wheelchairs to move around freely to access their "gear" and stuff. It has room to move and to hang things from the ceiling or walls that wouldn't have a place in a typical classroom.

For art class, another time I came in "unannounced" - I almost cried all the way home after experiencing and participating in a "light show" parade" in the Art Room where wheelchairs, adaptive walkers and standers were being rolled over bubble wrap taped to the floor (among other things) then wheeled through a "shower of tinsel" and next through "beams of spectum colored lights"creating beautiful shadows on the wall. The expression of wonderment and curiosity on my daughter's face and others will stay with me for life. It was something I never experienced with her. At best, it was a "eureka" moment for mother and daughter. And this couldn't happen in a typical art classroom with typical developing children because they need huge tables that take up pretty much room. Most public schools just don't have the space to create multi-sensory experiences.

For gym class Breyer provides "adaptive wheelchair dancing" and have athletic competitions called "Sit Ins" where students compete to see who can sit up the longest without falling over and experiences cheers of encouragement and support from their like-peers, teachers, and families whom are always invited to participate. I remember, too, the "adaptation" of the musical "Cats" for half time entertainment in which many of the students participated.

The reason why it is so easy to provide these adaptations is due to the generous areas of space and rooms that allow a flow of true experiential education opportunities to occur and through the expertise of special education teachers who collaborate daily with the therapists on hand to make last minute adjustments on behalf of the student's individual need. Special pathways open for children who need sensory-stimulation- driven therapies in these special THERAPY SCHOOLS.

I chose this environment for her because it is what she needed to fulfill her IEP goals and her dreams to succeed in a way that her biological peers are able to fulfill their dreams to be teacher, doctors or astronauts in a classroom designed to fit their own specific needs fueled by cognitive stimulation.

At eleven, my daughter's needs are very different from her biological peers and she needs sensory stimulation much like an early preschooler but without the "baby-stuff." It was a long journey finding this gem of a therapeutic school especially after researching and visiting dozens of classroom throughout the southeastern corner of Ohio who claimed to be meeting guidelines of "least restrictive environment" criteria established by law.

I found MR/dd therapeutic schools by accident from asking around about alternatives classroom settings beyond what my district school at the time offered. I was about to sign on the dotted line when one the Cincinnati Public School school teachers noticed my apprehension, skepticism, and disappointment blurted something like "we're not suppose to say this" ... "but" ... when I asked what purpose "continuum of alternative services" had if there were no alternatives available?It is a terrific school and certainly not for every child but it provides an alternative- individualized education for my child that was very badly needed in order for her to receive an individualized education plan guarenteed by law.

Wednesday, February 2, 2005

Children's Hospital Medical Center Resources

Children's Hospital Medical Center Resource for Parents with Disabiities...
http://www.cincinnatichildrens.org/svc/alpha/c/special-needs/resources/

What is Least Restrictive Environment?

WHAT IF YOU DON'T LIKE SCHOOL DELIVERY OF LRE (Least Restictive Environment)?


Least Restrictive Environment(Reg)121a.550(b) Each public agency shall insure:(1) That to the maximum extent appropriate handicapped children, including children in public or private institutions or other care facilities are educated with children who are not handicapped, and (2) That special classes, separate schooling or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.Kinds of Exceptional Student Education Programs(Statute)602(16)

The term ''special education'' means specifically designed instruction at no cost to parents or guardians, to meet the unique needs of a handicapped child, including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions.(Reg.)121a.551(a) Each public agency shall insure that a continuum of alternative placements is available to meet the needs of handicapped children for special education and related services.(b) The continuum required under paragraph (a) of this section must:(1) Include the alternative placements listed in the definition of special education under121a.13 of Subpart A (instruction in regular classes, special classes, special schools, homeinstruction, and instruction in hospitals and institutions) and(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement

Copied from http://www.coping.org/specialed/laws.htm

Here's a kinder, gentler version:

Q. What is "Least Restrictive Environment"?

A. The Least Restrictive Environment (LRE) is defined as the educational setting where a child with disabilities can receive a free appropriate public education (FAPE) designed to meet his or her education needs while being educated with peers without disabilities in the regular educational environment to the maximum extent appropriate. The definition of LRE in the Individuals with Disabilities Education Act (IDEA) is: "To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are [1] educated with children who are not disabled, and [2] special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." It is important to remember that special education is not a "place," but rather a set of services. Similarly, the LRE provision of the IDEA emphasizes services rather than the placement. Learning in less restrictive environments benefits students with and without disabilities in so much as all children are more likely to improve their academic performance, and increase their communication and socialization skills.Back to top

Q. What is the Individuals with Disabilities Education Act (IDEA) and how does it relate to LRE?A. The IDEA is the federal law governing the education of children with disabilities. The IDEA and its regulations define LRE and require that all states demonstrate they have policies and procedures in place to guarantee they meet the federal LRE requirements.Back to topQ. What is Section 504 and how does it relate to LRE?A. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against students with physical and mental disabilities who attend public school. The section protects students whose physical or mental disabilities substantially limit one or more “major life activities,” such as caring for themselves, seeing, breathing, walking and learning. This statute protects both children with physical and mental disabilities who are not, and should not be, receiving special education services, and children receiving special education services. Section 504 applies only to federal government programs and programs that receive federal funds. Since the New York City Board of Education receives federal funds it is covered by Section 504. Section 504 can require administration of medication, monitoring students’ physical well-being, provision of accessible facilities, use of equipment like tape recorders and calculators, counseling, and test modifications or accommodations. Section 504 is one way of assuring that children with special needs, who do not require special education services, continue to be educated in the LRE.Back to top

Q. Will a child with a disability automatically be sent to a separate class or school?A. The IDEA requires that in seeking the LRE for each individual child the first consideration must always be the general education classroom with the provision of supplementary aids and services in the school the child would attend if the child did not have a disability. Special classes or a segregated setting may be considered only when education in the regular classes with the use of aids and services cannot possibly be achieved. Federal and state regulations also require that a child with a disability be educated in a school as close as possible to the student's home.Copied from:http://www.lrecoalition.org/01_whatIsLRE/index.htm

Saturday, January 15, 2005

Why We Need A Class Action Suit In Ohiio

Disability Law, Moving Backward
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Published: November 18, 2005
The federal Individuals With Disabilities Education Act, known as the I.D.E.A., has greatly improved the lives of disabled schoolchildren across the United States. Before the original legislation was passed in 1975, children who were institutionalized with serious emotional problems could sometimes be found strapped to their desks and screaming at the top of their lungs. In the public schools, otherwise bright and capable children with undiagnosed learning disabilities were regularly shunted into corners and ignored.
The worst horror stories are behind us, thanks to I.D.E.A., which requires schools to give disabled children a fair and appropriate public education. There is still much to be done, and the financial burden can strain some school systems, particularly small ones. But the Supreme Court erred this week when it weakened the part of the law that allows parents to challenge the educational plan that the districts are required to make for each child.
The court ruling was the result of a controversy over whether the family or the school district should bear the burden of proof in determining whether a school had failed to provide an appropriate education. Some states argued, sensibly, that the school districts should bear the burden of proof, given their greater resources and public responsibility. But in a case involving a district in Maryland, where state law is silent on the issue, the Supreme Court ruled that the parents, as "the party seeking relief," should have that burden.
The court's ruling ignores the clear advantages that school districts almost always have over parents who challenge their decisions. The districts have the money, and many have lawyers and rosters of experts on their payrolls. But many of the families cannot afford legal representation at all.
With less pressure to justify themselves, the schools can simply stand pat - even when their educational plans have proved disastrous for the disabled children in question. This was clearly not the outcome that Congress intended when it passed this landmark law, and deliberately expanded the rights of disabled children and their parents.