JoAnn’s Corner
I have started a special education blog as a way to help parents in their advocacy efforts! To view the blog and respond please go to: http://specialeducationspotlight.disabilityspotlight.com. In the past I have discussed a court case from Compton CA that is the first Child Find Case to reach the US Supreme Court. The Justices asked the US Solicitor General’s office for its views on a question from the Individuals with Disabilities Education Act, the question is: Whether a parent may bring a claim in a due process hearing that a district violated the law’s child find provision. IDEA 2004 requires that all children with disabilities be identified, located and evaluated, which is called the “child find provision” of the law. This case has been appealed by the school district since a hearing officer (HO) gave a young lady compensatory services due to the school districts failure to identify her disabilities. The school districts position is that the child find provision of IDEA 2004 covers only a school districts refusal to act to identify eligible children, not its failure to act!! My opinion: School personnel knew that the young lady had a disability and they did not start the evaluation process until later; which is why the HO ordered tutoring of 150 hours to compensate for the girl’s lost educational opportunities. The US Solicitor General’s office is urging the US Supreme Court not to take up the appeal in this case (Addison vs. Compton). They feel that parents do have the right to due process hearings in Child Find violations. They mentioned that many parents have gone to due process for these types of violations and administrative law judges do have the authority to consider claims in child find cases. Interestingly enough Compton school district feels that the US Supreme Court must hear their case because it opens the door to other “Educational Malpractice” cases. The US Solicitors office feels that this case does not really present the issue that districts would be subject to a form of “educational malpractice” claim, as Compton contends. The US Supreme Court was waiting to hear from the Solicitors office before deciding if they would hear the case. Sometime in January 2012 a decision on taking the case is expected from the US Supreme Court. My opinion: I hope the Supremes do not take this case, I think Compton should stop throwing money at this appeal—and actually give children in their district the special education services they need and are entitled to.
Come and learn about special education to help your child!
*********************************
***********
Do's and Don'ts for working with an advocate
I am currently working on putting together Do’s and Don’ts for working with an advocate. If you have a tip that you would like to share please feel free to send me an E mail at: JoAnn@disabilitydeception.com.
Thank you in advance for your help!
Special Education Spotlight December 2011
Contact info: JoAnn Collins PO Box 89 Bradley Il. 60915 E mail: JoAnn@disabilitydeception.com Have you dealt with a similar person that seems to want to control or bully yourself and other school staff? Have you found a way around the person—perhaps going to a higher up? Were you successful in removing a person from your child’s IEP team due to their bad behavior or lies? Could you share with us a little bit about the situation—no names of course, and how you dealt with it? I am thanking you in advance—promise to print any solutions and tips in my next newsletter. A couple of weeks ago I heard from a parent from Tennessee who was having a big problem with a special education person in her district. She feels like the person does everything within his or her power to cause disruption to her child’s education. This particular person also bullies other school staff and even pushes some to quit their jobs. I have been dealing with this issue myself with a young man that I have been advocating for. When the parent called me they told me that all the school staff that worked well with their child were either fired or quit out of frustration. So I am turning to you my wonderful readers for hints and help in this situation! Have you dealt with a similar person that seems to want to control or bully yourself and other school staff? Have you found a way around the person—perhaps going to a higher up? Were you successful in removing a person from your child’s IEP team due to their bad behavior or lies? Could you share with us a little bit about the situation—no names of course, and how you dealt with it? I am thanking you in advance—promise to print any solutions and tips in my next newsletter. Last month I mentioned that the US Department of Education is going to allow States Flexibility on key accountability and funding allocation, in the form of waivers. In November 11 States applied for the waivers, these States are: Colorado, Florida, Georgia, Indiana, Kentucky, Mass., Minnesota, New Jersey, New Mexico, Oklahoma and Tennessee. Twenty Nine States will be applying in February for these waivers, these States are: Arkansas, Arizona, Connecticut, District of Columbia, Delaware, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New York, Ohio, Oregon, Puerto Rico, Rhode Island, South Caroline, South Dakota, Utah, Vermont, Virginia, Washington and Wisconsin. In order for States to receive the waivers they must focus the State on local reform efforts in three critical areas: 1. Transitioning to college and career ready standards and assessments, 2. Developing systems of differentiated recognition, accountability, and support, 3. Evaluating teacher and principal effectiveness and support improvements. The States are seeking relief from the 2014 requirements that all children be proficient in academic areas (I believe Reading, Writing, and Math). These waivers will allow States to use a “growth” model to show that children are “growing” and making progress (but they do not have to be proficient). States must design a system that targets efforts to the schools and districts that are the lowest performing and to schools that have the largest achievement gaps. To receive these waivers a State must develop a comprehensive plan addressing the three areas, to improve educational outcomes for all students, close achievement gaps, and improve teacher instruction. The plans must emphasize standards to measure whether students graduate from high school prepared to step into the workforce or onto a college campus. These standards could be the national standards that have been developed and already passed by more than 40 States. My opinion: I think the growth model stinks and should not be allowed. The only positive thing I do see is that States must teach students according to educational standards, which most special education personnel have refused to do, in the past. I am a big supporter of national core standards and wish I knew they were available when my son Shaun was little—I could have used these standards to make sure that he was learning grade level material. My State of Illinois is now working on a proposal to apply for the waiver—I guess I will hold my breath and wait and see what the waiver proposal looks like. Check on your States Department of Education and find out what they are planning to put in their Waiver application—or what they already put in their application.
Merry Christmas to you and your families! May God’s grace and mercy be with you this Christmas!
***********
A couple of weeks ago I heard from a parent from Tennessee who was having a big problem with a special education person in her district. She feels like the person does everything within his or her power to cause disruption to her child’s education. This particular person also bullies other school staff and even pushes some to quit their jobs. I have been dealing with this issue myself with a young man that I have been advocating for. When the parent called me they told me that all the school staff that worked well with their child were either fired or quit out of frustration. So I am turning to you my wonderful readers for hints and help in this situation!
**********
NCLB Reauthorization