Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

DOJ Issues Important Pronouncement on Application of the ADA to School Voucher Programs

Excerpt from: Disability Law (click for full article)

 

A few weeks ago (but just publicized last week), the Civil Rights Division of the U.S. Department of Justice sent a letter to Wisconsin's state Superintendent of Public Instruction regarding the Division's ADA investigation of the Milwaukee school voucher program.  The letter contains a number of important pronouncements regarding the responsibilities of states that operate voucher programs to prevent discrimination by the schools -- public and private -- that receive vouchers under those programs.

The first important pronouncement is that, even when parents use vouchers to attend private schools, the state retains an obligation to prevent discrimination against students with disabilities by the schools participating in the voucher program:

DPI's obligation to eliminate discrimination against students with disabilities in its administration of the school choice program is not obviated by the fact that the schools participating in the program are private secular and religious schools.  Indeed, courts recognize that the agency administering a public program has the authority and obligation under Title II to take appropriate steps in its enforcement of program requirements to prohibit discrimination against individuals with disabilities, regardless of whether services are delivered directly by a public entity or provided through a third party.  [Many case cites omitted.]  In short, the State cannot, by delegating the education function to private voucher schools, place MPCP students beyond the reach of the federal laws that require Wisconsin to eliminate disability discrimination in its administration of public programs.

Justice Dept. Warns Wisconsin Voucher Schools Against Discrimination

Excerpt from: Education Week (click for full article)

 

The U.S. Department of Justice said Wisconsin private schools that accept taxpayer-funded vouchers must not discriminate against students with disabilities in a new guidance letter.

The Justice Department was prompted to investigate the situation in Wisconsin after a complaint from the American Civil Liberties Union and other state groups that claimed that Milwaukee was essentially creating a system of segregated schools.

The complaint said that 1.6 percent of the students using vouchers in Milwaukee were classified as having disabilities, compared with 20 percent of Milwaukee's public school students. The 22-year-old program is administered by the state and enrolls about 24,000 students who receive vouchers of approximately $6,400 a year. (Here's some more facts and figures on the Milwaukee program.)

Evers says DOJ concerns over vouchers and special needs students may require law change

Excerpt from: The Republic (click for full article)

 

State superintendent Tony Evers says it may take changes in Wisconsin law in order to address concerns raised by the U.S. Department of Justice over the state's private school voucher program.

Evers was asked Monday about the letter sent last month in response to a complaint filed alleging discrimination of special needs students in Milwaukee's voucher program.

The letter from DOJ's Civil Rights Division says that the Department of Public Instruction which Evers heads must take a number of steps to better monitor the program and ensure discrimination is not taking place.

This Is What 5,000 Books Looks Like

Excerpt from: The Harry Potter Alliance (click for full article)

 

Our Harry Potter Alliance chapter in Edmonton seems to have a solid grasp on the accio books spell because check this out: they have already collected over 5,000 books as part of our Accio Books! campaign! Major props to Edmonton Potterwatch!

There's still time for you to share your love of literature by contributing to Accio Books!

Accio Books! is the Harry Potter Alliance's annual book drive. Since 2009, Harry Potter fans around the world have donated more than 86,000 books to underprivileged or underserved readers. This year, we're working with our partners in the International Quidditch Association and NaNoWriMo to help raise books in support of Read Indeed.

Read Indeed is a non-profit literacy organization and the vision of Maria Keller, a book-loving 7th grader who wants to collect and distribute 1 million books to needy kids by the time she's 18. Maria is a huge Harry Potter fan and she has already donated over 800,000 books. We are very excited to assist her in reaching her goal of 1 million books.

ACCIO BOOKS! runs until May 31st.

High Test Scores, Disruptive in Class…Academic or Discipline Issue?

Excerpt from: The Wrightslaw Way (click for full article)

 

I cannot tell from your e-mail what help your daughter needs, or what is already being provided in her IEP. However, if her needs were being met, it is unlikely that she would be failing, disruptive, or having significant disciplinary issues.

If you can afford to enroll her in an appropriate private school, then by all means do that.

Unless your daughter has had a very recent private sector neuropsychological evaluation, you probably do not know specifically what she needs.  Without knowing what she needs, it is more than likely you will not be successful in finding an appropriate school. Disruptive high school students can become disruptive adults. The legal system is not supportive or kind to disruptive adults.

If you can afford the several hundred thousand dollars that a private special education high school will likely cost you, take that route. Or, work with an experienced advocate in your area.

If the advocate reviews the file and tells you that the case is past advocacy and requires an attorney, do not hesitate to follow that advice.

There may not be a lot of time left to get help before the disruptive behavior becomes a more immediate issue than the academic issue.

Bubble-Pop!

Excerpt from: Special Needs Apps (click for full article)

 

Bubble-Pop! provides a fun way for children with or without special needs to learn common objects and the categories to which they belong. Pop bubbles to collect items of a chosen category, and be rewarded with auditory and visual reinforcement after each correct answer. Bubble-Pop! is highly configurable in terms of difficulty, and also provides review at the end of each level to reinforce what was learned.

Assistive Technology - Making Good Decisions for Your Student

Excerpt from: National Center for Learning Disabilities (click for full article)

 

What Is Assistive Technology?

Assistive technology refers to any item, piece of equipment, or product that is used to increase, maintain, or improve the ability of individuals (with a disability) to perform specific tasks. AT products help users become more independent in school, on the job, and in activities of daily living. These products range from very low tech (e.g., colored highlighters) to hi-tech (e.g., optical scanners and speech synthesizers), and can cost little or be very expensive. They also vary considerably in term of whether they require training to get started or are “plug-and-play.” Keep in mind the following:

 

• Does every student with special learning needs require the same types of learning accommodations? No.
• Will all students with LD benefit equally from assistive technologies? No.
• Is there a definitive body of research that tells us which students will benefit from what types of assistive technologies? No.

How then do we make good decisions? The answer is to be an informed consumer. Think about the learning disability, understand the features and limitations of each AT product, try them out (and be sure to ask for help if needed), and personalize the application to address your specific LD-related needs.

For-Profit Experiment Plays Out in Two Mich. Districts

Excerpt from: Education Week (click for full article)

 

Educators and policy observers are keeping a close eye on two controversial experiments in private management of public schools now unfolding in this western Michigan city and in the Detroit-area community of Highland Park.

Citing chronic budget woes in the communities’ low-performing school districts, Gov. Rick Snyder of Michigan last year declared a state of financial emergency and appointed an emergency manager for each district. The managers, in turn, hired two separate companies—Mosaica Education and the Leona Group—to run the schools.

Gov. Snyder, a Republican, has also appointed emergency managers for one other district, the Detroit public school system, and six Michigan city governments—almost all of which represent primarily black communities. The moves have caused pushback from civil rights groups and aggravated racial tensions in the state.

No Child Left Behind District Waivers Derided By Civil Rights, Disabilities Groups

Excerpt from: Huffington Post (click for full article)

 

As droves of states wiggle out from some of the toughest components of the much-maligned federal No Child Left Behind Act, school districts in states that were denied waivers from the law's strictures want a piece of the action. Not so fast, says a coalition of eight civil rights groups.

In a letter these groups wrote to U.S. Secretary of Education Arne Duncan -- and forwarded to The Huffington Post Monday morning -- they argue that the price of giving school districts that kind of flexibility is too high, espeically when it comes to student achievement.

"We're asking you to hold the line now," the groups wrote. "Moving away from a system of statewide accountability ... will result in different expectations for students from one district to the next. Considerable experience tells us that ... [for minority groups], different expectations far too often means lowered expectations."

The letter was signed by the Education Trust, the National Center for Learning Disabilities, Democrats for Education Reform, the National Indian Education Association, the National Women' Law Center, the League of United Latin American Citizens, Easter Seals and the Council of Parent Attorneys and Advocates, Inc.

Council questions push for special-ed students in D.C. public schools

Excerpt from: The Washington Post (click for full article)

 

D.C. Council members, advocates and parents raised questions Monday about Mayor Vincent C. Gray’s push to reduce the number of special-education students who attend private schools at public expense.

The effort has saved tens of millions of dollars and reduced segregation of students with disabilities, but it has triggered concerns that some students are being made to attend city schools that aren’t equipped to handle their needs.

“We all want to believe that [D.C. Public Schools] is getting stronger and has the capability to do this, but it’s time for us to peek behind the curtain a little bit,” said Council member David A. Catania (I -At Large), education committee chairman, who called the recent reduction in private placements of public school students “a point of great suspicion for me.”

Under federal law, students with disabilities can be sent to private schools when the public system cannot adequately serve them, which has often been the case in the District’s long-troubled special-education system.