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

We have added a new Special Education Resource: Surviving Special Education

Surviving Special Education is a blog and podcast series created by a special needs father turned special education attorney. His goal is to help as many children and families survive and thrive in special education as possible through his first had and professional experience with the system. 

 

Link to homepage where you can read and find the podcasts: http://survivingspecialeducation.com/ 

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.

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.

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.

Weber on All Areas of Suspected Disability

Excerpt from: Disability Law (click for full article)

 

Disability law maven and IDEA expert Mark Weber has just posted this paper on SSRN: Mark C. Weber, All Areas of Suspected Disability, Loyola L. Rev. (forthcoming).  The abstract:

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s...educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.”

It takes a community to assist those with autism

Excerpt from: Autism Support Network (click for full article)

 

I am 21 and I have autism. Recently, the state Senate passed a resolution making April Autism Awareness Month in California. The reason the resolution passed is because there are a lot more children diagnosed now than ever before (one in 110, according to the Centers for Disease Control and Prevention). Autism is a label that is shared by people who have different abilities and challenges.

People in the autism community often say, "When you've met one person with autism, you've met one person with autism." To be diagnosed with autism, you need to have challenges in the areas of communication and social relationships, and intense attachments to objects or topics.

I have been very lucky, and I would like to give back to my community by telling people what having autism is like. There are many people on the autism spectrum in our community, so it is important to realize what your fellow citizens have struggles with every day.

My greatest challenge is communication. I cannot talk very much. I have found a way to communicate, and this has changed my life. In high school, I learned to point with one finger to a letterboard or keyboard to do my homework and to communicate.