Wednesday, November 13, 2013
Special Education Eligibility
Many parents think of special education as a resource only for significantly cognitively disabled children - yet special educational services are available for a variety of different challenges that children may face. This includes Asperger's Syndrome, ADHD, developmental delays, health impairments, traumatic head injuries and speech or language impairment and emotional disabilities - such as clinical depression. 34 CFR 300.8 (c).
Many children with chronic health conditions or ADHD may fall under a category known as "Other Health Impairment" (OHI) This category of disability is defined as having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment," that: (i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (ii) Adversely affects a child's educational performance.34 CFR 300.8 (c)(9)
When a child has a disability and that disability adversely affects a child's educational performance parents should consider what resources may be available to them. Many families, not understanding the system of special education, fail to take action to ask the school for an evaluation, or to notify the school about their child's psychological or health conditions. For instance, a child who is clinically depressed may just seem quiet in school and in large schools even failing grades and test scores don't attract the attention they should. That said, academic progress alone is not the sole determinative factor - especially for children with Asperger's or communication disorders. A variety of factors go into eligibility decisions. Districts must draw upon information from a variety of sources in order to make an eligibility determination. Parents must understand that a school district is legally obligated to identify their child and put in place a plan to help the child behaviorally and academically if they need special education services to help them to progress educationally.
School districts are obligated to notify parents of these resources, but parents should be as proactive as possible to ensure educational success. Districts have a duty to identify, locate, and evaluate all children with disabilities residing within the jurisdiction that either have, or are suspected of having, disabilities and need special education as a result of those disabilities. 34 CFR 300.111. If they fail to identify and provide services to your child they may be able to get compensatory educational services to make up for any lost educational services. An Individualized Education Plan (IEP) can be created if your child is eligible and this plan is targeted to address your child's needs and his or her necessary accommodations.
If you believe your child may need special educational services the first and most important thing is to notify your child's teacher or principal and ask for an evaluation.
Wednesday, October 5, 2011
Understanding Inclusion
Posted By Catherine Michael on Oct 3, 2011 11:54am EDT at www.specialeducationlawfirm.com
The debate regarding inclusion of children with challenges is not one with an end in sight. Each year parents have to fight both for inclusion and against it when it is not appropriate for their child. IDEA regulations instruct that a continuum of placement options be made avaliable to students with disabilities. They must provide this spectrum on a continuum from the least restrictive (full general education inclusion) to the most restrictive (a residential placement.) Many of the issues are due to a failure to understand what the law actually provides for children and the hotly debated issue as to what the appropriate setting is for an individual child to be educated satisfactorily.
Specifically the law reads "to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and (2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [20 USC 1412 Section 612 (a) (5), and its implementing regulation found at 34 C.F.R. §300.114(a)].
However, the term "maximum extent appropriate" looks at several factors that have been identified by case law. Such as whether the child will receive a sufficient educational benefit in the classroom, whether he or she threatens the safety of other students, whether the IEP can actually be provided in the classroom, and whether there will be such much modification that the regular program is altered beyond recognition. For more information see cases such as Hartmann by Hartmann v. Loudoun County Bd. of Educ., 26 IDELR 167 (4th Cir. 1997), Oberti v. Board of Education 19 IDELR 908, 914 (3rd Cir. 1993)
In conclusion, remember that your child is guaranteed a unique and specific program for their individual needs. Closely analyze where your child makes educational and social progress and what they need to do so. Always make sure to make your voice heard at the IEP conference and don't be afraid to ask for a greater general education placement if it is warrented.
The debate regarding inclusion of children with challenges is not one with an end in sight. Each year parents have to fight both for inclusion and against it when it is not appropriate for their child. IDEA regulations instruct that a continuum of placement options be made avaliable to students with disabilities. They must provide this spectrum on a continuum from the least restrictive (full general education inclusion) to the most restrictive (a residential placement.) Many of the issues are due to a failure to understand what the law actually provides for children and the hotly debated issue as to what the appropriate setting is for an individual child to be educated satisfactorily.
Specifically the law reads "to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and (2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [20 USC 1412 Section 612 (a) (5), and its implementing regulation found at 34 C.F.R. §300.114(a)].
However, the term "maximum extent appropriate" looks at several factors that have been identified by case law. Such as whether the child will receive a sufficient educational benefit in the classroom, whether he or she threatens the safety of other students, whether the IEP can actually be provided in the classroom, and whether there will be such much modification that the regular program is altered beyond recognition. For more information see cases such as Hartmann by Hartmann v. Loudoun County Bd. of Educ., 26 IDELR 167 (4th Cir. 1997), Oberti v. Board of Education 19 IDELR 908, 914 (3rd Cir. 1993)
In conclusion, remember that your child is guaranteed a unique and specific program for their individual needs. Closely analyze where your child makes educational and social progress and what they need to do so. Always make sure to make your voice heard at the IEP conference and don't be afraid to ask for a greater general education placement if it is warrented.
Wednesday, March 17, 2010
Excessive Force in the Classroom
In many states teachers can gain what is known as qualified immunity from personal lawsuits. In many states teachers and other school employees are immune from personal liability for the actions they take within the "course of their employment." However, this immunity has limits. In M.S. by Soltys v. Seminole County Sch.Bd., 52 IDELR 286 (M.D. Fla 2009) a teacher who abused students in her special education classroom could not persuade the district court to dismiss the Section 1983 claim. The Court held after a review of the facts that the teachers behavior, which included slapping, yelling, and hitting students for disability related behaviors could be viewed as a violation of the student's constitutional rights.
The Court's conclusion here illustrates that when there are cases involving clear abuse of a child, not discipline, that the Court will not allow that teacher qualified immunity. In the Soltys case the teacher argued that her physical aggression towards the child was simply discipline, the Court said that her response was clearly disproportionate to the student's conduct. The court denied the teacher's request for qualified immunity, did not grant the summary judgment, and informed her counsel that a jury will need to decide whether she violated the child's rights.
The Court's conclusion here illustrates that when there are cases involving clear abuse of a child, not discipline, that the Court will not allow that teacher qualified immunity. In the Soltys case the teacher argued that her physical aggression towards the child was simply discipline, the Court said that her response was clearly disproportionate to the student's conduct. The court denied the teacher's request for qualified immunity, did not grant the summary judgment, and informed her counsel that a jury will need to decide whether she violated the child's rights.
Discipline and Restraint
There are a lot of cases in the news regarding abuse of special education students by teachers under the guise of discipline. Many of the aides in these cases say that they did not know what was in the student's IEP (Individual Education Plan) or BIP (Behavior Intervention Plan) so they waited before informing administration about abuse. The law requires that your child's aide and any school staff members authorized to discipline a student with a disability know what is the student's IEP or BIP with regard to discipline.
In Pontotoc County (MS) Sch. Dist., 51 IDELR 286 (OCRVI, Dallas (MS) 2008) the Court found that if a child's IEP specifies a certain method of discipline, staff members are not free to utilize different techniques. In that particular case the student's aides did follow her IEP and only used a therapeutic basket hold restraint to pacify the child. All staff members were trained in the technique and were aware that it was the only disciplinary option.
Parent need to be aware that this can cause problems. In an eariler blog we discussed "qualifed immunity" which makes teachers immune from personal lawsuits for action within the schope of employement. In the case of C.N. by J.N. v. Willmar Pub. Schs., 53 IDELR 251 (8th Cir. 2010) a 3rd grader's Behavior Intervention plan listed restraint and seclusion from other students as part of the plan. The Court then stated that the parent could not show that the teacher's use of those techniques violated the child's constituional rights. The 8th Court of Appeals affirmed this decision and held that the teacher was entitled to qualified immunity on the parents' Section 1983 claims.
In conclusion, parents need to be aware that there are ramifications to allowing restraints and/or seclusion to be used as part of the BIP.
In Pontotoc County (MS) Sch. Dist., 51 IDELR 286 (OCRVI, Dallas (MS) 2008) the Court found that if a child's IEP specifies a certain method of discipline, staff members are not free to utilize different techniques. In that particular case the student's aides did follow her IEP and only used a therapeutic basket hold restraint to pacify the child. All staff members were trained in the technique and were aware that it was the only disciplinary option.
Parent need to be aware that this can cause problems. In an eariler blog we discussed "qualifed immunity" which makes teachers immune from personal lawsuits for action within the schope of employement. In the case of C.N. by J.N. v. Willmar Pub. Schs., 53 IDELR 251 (8th Cir. 2010) a 3rd grader's Behavior Intervention plan listed restraint and seclusion from other students as part of the plan. The Court then stated that the parent could not show that the teacher's use of those techniques violated the child's constituional rights. The 8th Court of Appeals affirmed this decision and held that the teacher was entitled to qualified immunity on the parents' Section 1983 claims.
In conclusion, parents need to be aware that there are ramifications to allowing restraints and/or seclusion to be used as part of the BIP.
INDEPENDENT EVALUATIONS AND CLASSROOM OBSERVATION
An Independent Educational Evaluation is an evaluation that a parent can request when they disagree with the school district's evaluation of their child. The school district must bear the cost of the outside evaluator. Most parents are not aware of this option and rarely use it. What parents also seldom realize is that this evaluator, or their child's psychologist, can actually observe the child in class. This observation can give the evaluator an excellent view of how the child respond's to behavior modification techniques, teaching modalities, and the curriculum. The reason so few parents are aware of this is that IDEA (the federal law governing special education) is silent as to whether districts must permit evaluators hired by the child's parents to observe the child in the classroom. However, the law, both Article 7 of the Indiana Code and IDEA, require that individual educational evaluations follow the same criteria as the district's own evaluations. Most districts in the U.S. have the evaluators see the child's classroom experience prior to writing an educational evaluation.
A recent case out of Florida, further illustrates this legal principal. In the case of School Bd. of Manatee County, Fla v. L.H. by D.H. and B.H., 53 IDELR 149 (M.D. Fla. 2009), the Court found that a Florida district had to allow a private psychologist observations in school of an 11 year old student with Asperger's syndrome. The district fought this all the way to the District Court which affirmed the due process decision.
In conclusion, parents should exercise their rights for evaluations of their children both in testing and in classroom observation. Don't be afraid to ask for what you need.
A recent case out of Florida, further illustrates this legal principal. In the case of School Bd. of Manatee County, Fla v. L.H. by D.H. and B.H., 53 IDELR 149 (M.D. Fla. 2009), the Court found that a Florida district had to allow a private psychologist observations in school of an 11 year old student with Asperger's syndrome. The district fought this all the way to the District Court which affirmed the due process decision.
In conclusion, parents should exercise their rights for evaluations of their children both in testing and in classroom observation. Don't be afraid to ask for what you need.
Friday, August 7, 2009
Back to School Bullying
Going back to school can bring a whole host of emotions. It can bring excitement, anticipation, and even a bit of happiness. What it should not bring is fear, frustration and worry that your child may be bullied. Bullying is a major issue is many schools, whether they are public or private. Facing a bully at school can affect your child in many ways and parents can take steps to help their child.
The first thing parents need to understand is what bullying is. Bullying is pervasive and continuous taunting of a individual in either verbal or physical ways. It can range from simple but continuous name calling to hitting or threats. Parents must be aware that if a child hits your child, that it should be reported both to school personnel, and if serious, the police.
Parents also need to know that in some cases the bullying can take place by using chat rooms, text messaging, or by simply spreading rumors within the school. If these things are taking place on a continuous basis, than it is bullying. A onetime occurrence of a rumor or a name is simply kids being kids. However, a daily taunting of a child by others is a serious issue of bullying, which must be addressed.
If your child was bullied last year in school you should take the following steps now:
1. If your school has multiple classrooms for a grade level, ask that your child be put in a different classroom than the bully.
2. Schedule a confidential meeting with the principal and teacher about the bullying.
3. Work with the school to start a bullying support group for kids to talk about concerns.
4. Remember the school has a duty to protect your child. If bullying becomes pervasive, send letters, schedule conferences and ask the school to be actively involved in stopping the situation. Schools can be liable for damages in cases where they have failed to protect students despite repeated requests for help from families.
5. If the bullying includes threats, prank calls, or inappropriate pictures, you may want to consider getting an attorney or educational advocate involved to help. You may also want to consider alerting the police if the school has not already done so.
What parents should not do when their child is being actively bullied in a school setting:
1. Do not contact the bully or his or her family. If the school schedules a meeting with families that is okay, but do not make a call to the bullies family on your own.
2. Do not expect bullying to simply resolve itself.
3. Do not make your child feel responsible for the bullying.
4. Do not tell your child to simply "toughen up."
5. Do not put your child in the middle of conferences or ask that they tell teachers about bullies in front of other students. Set up a confidential method for this situation to be resolved.
For more information on bullying, please visit the following websites for information:
http://stopbullyingnow.hrsa.gov/kids/
http://kidshealth.org/parent/emotions/behavior/bullies.html
http://www.education.com/topic/school-bullying-teasing/
The first thing parents need to understand is what bullying is. Bullying is pervasive and continuous taunting of a individual in either verbal or physical ways. It can range from simple but continuous name calling to hitting or threats. Parents must be aware that if a child hits your child, that it should be reported both to school personnel, and if serious, the police.
Parents also need to know that in some cases the bullying can take place by using chat rooms, text messaging, or by simply spreading rumors within the school. If these things are taking place on a continuous basis, than it is bullying. A onetime occurrence of a rumor or a name is simply kids being kids. However, a daily taunting of a child by others is a serious issue of bullying, which must be addressed.
If your child was bullied last year in school you should take the following steps now:
1. If your school has multiple classrooms for a grade level, ask that your child be put in a different classroom than the bully.
2. Schedule a confidential meeting with the principal and teacher about the bullying.
3. Work with the school to start a bullying support group for kids to talk about concerns.
4. Remember the school has a duty to protect your child. If bullying becomes pervasive, send letters, schedule conferences and ask the school to be actively involved in stopping the situation. Schools can be liable for damages in cases where they have failed to protect students despite repeated requests for help from families.
5. If the bullying includes threats, prank calls, or inappropriate pictures, you may want to consider getting an attorney or educational advocate involved to help. You may also want to consider alerting the police if the school has not already done so.
What parents should not do when their child is being actively bullied in a school setting:
1. Do not contact the bully or his or her family. If the school schedules a meeting with families that is okay, but do not make a call to the bullies family on your own.
2. Do not expect bullying to simply resolve itself.
3. Do not make your child feel responsible for the bullying.
4. Do not tell your child to simply "toughen up."
5. Do not put your child in the middle of conferences or ask that they tell teachers about bullies in front of other students. Set up a confidential method for this situation to be resolved.
For more information on bullying, please visit the following websites for information:
http://stopbullyingnow.hrsa.gov/kids/
http://kidshealth.org/parent/emotions/behavior/bullies.html
http://www.education.com/topic/school-bullying-teasing/
Thursday, January 8, 2009
Ensuring Academic Success in 2009
A new year brings a new opportunity to ensure your child’s academic success. Education is one of the most essential elements of your child’s growth towards being a self-sufficient and happy adult. Many parents forget how difficult school can be and try to motivate their child through negative or punitive acts. It is important that you and your child have a positive outlook towards school.
There are many things parents can do to make school a more positive experience while motivating their child to do even better. Creating a reward system is an excellent idea where a child is rewarded for completing homework well, getting good grades, joining school clubs, and working with projects. For kids that are having trouble in school, a reward system is essential – even if they are simply being rewarded for working on homework – rather than for how many they get correct. Work with your child to figure out what will work best and then create a graph with stickers, movie nights, sleep-overs, mall trips, or otherwise.
If your child is not doing well in school ask these questions:
1. How often am I working one on one with my child?
Regardless of the fact that children are in school 6 -7 hours a day, there is nothing that is more helpful than a one on one education. While most of us live busier lives than ever, and many parents feel increasingly frustrated with the school options, yet it has never been more important for parents to spend one on one time with their child. If you cannot spend one on one time daily with your child, reviewing his or her work, assisting on homework, reading, and otherwise, it is often wise to utilize a tutoring service or service offered by the school. The earlier you decide to use this method, the better. It is never wise to allow your child to fall further behind before taking action. It is also important that parents avoid the “its not fair” mentality. Many parents can become frustrated after they have worked one or two jobs to come home and then have to “re-teach” their child or spend hours on homework. I hear from parents all the time who pay high property taxes and then have to pay for a tutor for their child, or parents who are even paying for both private schools and outside tutoring services. It is easy to become frustrated. Yet you cannot allow your child to suffer because the system is not quite as good as it should be and one on one time is always essential.
2. Has my child fallen behind or is there simply gaps in his or her education?
This is a very important question and one that can be revealed by testing. Most schools and many tutoring services can perform this type of testing. For instance a child may be having a tremendous problem with Algebra and when we really get to the heart of the matter, its that they don’t understand fractions or decimals. Another thing that can occur, especially with younger children is where teachers speed ahead leaving the slower readers behind. Experienced teachers will recognize this and work to catch up the slower readers, add supplementary services and frequent word reviews. However, this doesn’t always happen and a first grader who has a few problems can turn into a third grader with substantial issues. I always recommend that parents who have any concerns get their child tested either by a tutoring services or with more significant concerns or issues by the school.
3. Are there other factors at play such as difficulties at home or school, a potential learning disability, or a negative educational environment.
There are many factors that can contribute to lower grades or problems at school. If there are issues at home, consider a family counselor, and work with your child to deal with these matters.
Many children can have mild learning disabilities and fully overcome them by adulthood, going on to become doctors, lawyers, teachers, biologists, or whatever they have set their sights on. The key is finding the issues and addressing them. A child who really dislikes school may be having a very frustrating experience due to bullying or they may have a learning disability that needs to be addressed. It is essential if you suspect your child may have a learning disability to have them tested, create an IEP and actively address the situation to remedy the issues.
There are many things parents can do to make school a more positive experience while motivating their child to do even better. Creating a reward system is an excellent idea where a child is rewarded for completing homework well, getting good grades, joining school clubs, and working with projects. For kids that are having trouble in school, a reward system is essential – even if they are simply being rewarded for working on homework – rather than for how many they get correct. Work with your child to figure out what will work best and then create a graph with stickers, movie nights, sleep-overs, mall trips, or otherwise.
If your child is not doing well in school ask these questions:
1. How often am I working one on one with my child?
Regardless of the fact that children are in school 6 -7 hours a day, there is nothing that is more helpful than a one on one education. While most of us live busier lives than ever, and many parents feel increasingly frustrated with the school options, yet it has never been more important for parents to spend one on one time with their child. If you cannot spend one on one time daily with your child, reviewing his or her work, assisting on homework, reading, and otherwise, it is often wise to utilize a tutoring service or service offered by the school. The earlier you decide to use this method, the better. It is never wise to allow your child to fall further behind before taking action. It is also important that parents avoid the “its not fair” mentality. Many parents can become frustrated after they have worked one or two jobs to come home and then have to “re-teach” their child or spend hours on homework. I hear from parents all the time who pay high property taxes and then have to pay for a tutor for their child, or parents who are even paying for both private schools and outside tutoring services. It is easy to become frustrated. Yet you cannot allow your child to suffer because the system is not quite as good as it should be and one on one time is always essential.
2. Has my child fallen behind or is there simply gaps in his or her education?
This is a very important question and one that can be revealed by testing. Most schools and many tutoring services can perform this type of testing. For instance a child may be having a tremendous problem with Algebra and when we really get to the heart of the matter, its that they don’t understand fractions or decimals. Another thing that can occur, especially with younger children is where teachers speed ahead leaving the slower readers behind. Experienced teachers will recognize this and work to catch up the slower readers, add supplementary services and frequent word reviews. However, this doesn’t always happen and a first grader who has a few problems can turn into a third grader with substantial issues. I always recommend that parents who have any concerns get their child tested either by a tutoring services or with more significant concerns or issues by the school.
3. Are there other factors at play such as difficulties at home or school, a potential learning disability, or a negative educational environment.
There are many factors that can contribute to lower grades or problems at school. If there are issues at home, consider a family counselor, and work with your child to deal with these matters.
Many children can have mild learning disabilities and fully overcome them by adulthood, going on to become doctors, lawyers, teachers, biologists, or whatever they have set their sights on. The key is finding the issues and addressing them. A child who really dislikes school may be having a very frustrating experience due to bullying or they may have a learning disability that needs to be addressed. It is essential if you suspect your child may have a learning disability to have them tested, create an IEP and actively address the situation to remedy the issues.
Tuesday, November 4, 2008
THE PARENT AND ADVOCATE TRAINING SERIES
PARENT AND ADVOCATE TRAINING SERIES BEGINS:
The Autism Education and Training Center (AETC) is pleased to announce the first three sessions in Tier One (Aware). This level of training is essential for any parent or future advocate working with a child with special needs.
Session 1: IEP (101)
Monday, Nov. 17, 2008
6:00 - 8:00pm
Clarian North Medical Center
11700 N. Meridian Street, Carmel, IN 46032
IEP (101): A brief overview of the contents of an appropriate IEP including a discussion of a Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE).
Cost: $25 at the door. Check payable to AETC.
You MUST pre-register by email to sheilawolfe@sbcglobal.net by 11/13/08. Attendance is limited.
Session 2: Understanding Assessments
Monday, Dec. 1, 2008
6:00 - 8:00pm
Clarian North Medical Center
11700 N. Meridian Street, Carmel, IN 46032
Understanding Assessments: A discussion about how to interpret cognitive, processing and achievement evaluation data along with a lesson on the Bell-curve.
Cost: $25 at the door. Check payable to AETC.
You MUST pre-register by email to sheilawolfe@sbcglobal.net by 11/26/08. Attendance is limited.
Session 3: Behavior Issues
Monday, Dec. 15, 2008
6:00 - 8:00pm
Clarian North Medical Center
11700 N. Meridian Street, Carmel, IN 46032
Behavior Issues: We will discuss appropriate Functional Behavior Assessments (FBA) and Behavior Intervention Plans (BIP).
Cost: $25 at the door. Check payable to AETC.
You MUST pre-register by email to sheilawolfe@sbcglobal.net by 12/11/08. Attendance is limited.
Program details can be downloaded at http://www.catherinemichael.blogspot.com/
The Autism Education and Training Center (AETC) is pleased to announce the first three sessions in Tier One (Aware). This level of training is essential for any parent or future advocate working with a child with special needs.
Session 1: IEP (101)
Monday, Nov. 17, 2008
6:00 - 8:00pm
Clarian North Medical Center
11700 N. Meridian Street, Carmel, IN 46032
IEP (101): A brief overview of the contents of an appropriate IEP including a discussion of a Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE).
Cost: $25 at the door. Check payable to AETC.
You MUST pre-register by email to sheilawolfe@sbcglobal.net by 11/13/08. Attendance is limited.
Session 2: Understanding Assessments
Monday, Dec. 1, 2008
6:00 - 8:00pm
Clarian North Medical Center
11700 N. Meridian Street, Carmel, IN 46032
Understanding Assessments: A discussion about how to interpret cognitive, processing and achievement evaluation data along with a lesson on the Bell-curve.
Cost: $25 at the door. Check payable to AETC.
You MUST pre-register by email to sheilawolfe@sbcglobal.net by 11/26/08. Attendance is limited.
Session 3: Behavior Issues
Monday, Dec. 15, 2008
6:00 - 8:00pm
Clarian North Medical Center
11700 N. Meridian Street, Carmel, IN 46032
Behavior Issues: We will discuss appropriate Functional Behavior Assessments (FBA) and Behavior Intervention Plans (BIP).
Cost: $25 at the door. Check payable to AETC.
You MUST pre-register by email to sheilawolfe@sbcglobal.net by 12/11/08. Attendance is limited.
Program details can be downloaded at http://www.catherinemichael.blogspot.com/
Monday, October 6, 2008
Parent Advocate Training Program Set for Launch This Fall
A "Parent Advocate" is a non-lawyer parent who is trained and has an understanding in education law and issues and works to help other parents through the educational system. Parent advocates can be a great form of moral support and assistance to parents who are just beginning to navigate the educational process or who are dealing with multiple issues with the school system. Parent advocates can help parents get prepared for case conferences, create goals for IEPs, and understand the process. There are both free and paid advocates avaliable throughout the State, however one problem that Indiana has continually faced is the lack of fully trained advocates who can attend case conferences and work effectively with parents. Many parent advocates work to help other parents, but often feel lost themselves in a sea of intertwining laws and regulations.
The Autism Education and Training Center is set to launch its Parent Advocate Training Program this fall. This will be a series of classes and certifications for both parents of children with special needs and parents wanting to become parent advocates. Part I of this program is set to launch in November 2008 with both live lectures and webinars avaliable for parents and advocates outside of the central Indiana area. To find out more about this program, please contact Sheila Wolfe at sheilawolfe@sbcglobal.net.
The Autism Education and Training Center is set to launch its Parent Advocate Training Program this fall. This will be a series of classes and certifications for both parents of children with special needs and parents wanting to become parent advocates. Part I of this program is set to launch in November 2008 with both live lectures and webinars avaliable for parents and advocates outside of the central Indiana area. To find out more about this program, please contact Sheila Wolfe at sheilawolfe@sbcglobal.net.
Saturday, September 13, 2008
Special Education Conference and Update - October 13, 2008
An evening conference for parents of special education students, teachers, and parent advocates is scheduled for October 13, 2008 at 6:00 - 8:00 at the Clarian North Medical Center located 11700 N. Meridian Street, Carmel, IN 46032. Catherine Michael will be presenting on the revisions to Article 7 and the essentials of understanding the special education system. Sheila Wolfe will be presenting on successfully advocating for parents of special needs children.
To RSVP or get more information regarding this event please contact Sheila Wolfe by e-mail at sheilawolfe@sbcglobal.net before October 10, 2008.
To RSVP or get more information regarding this event please contact Sheila Wolfe by e-mail at sheilawolfe@sbcglobal.net before October 10, 2008.
Revised Article 7 of the Indiana Code Avaliable
Article 7 of the Indiana Code is the law that covers special education in the State of Indiana. In the 2008 Legislative Season this law was revised and went into effect on August 13, 2008. If your child is enrolled in a public school in Indiana, it is essential to review the changes to the Indiana Code. Please download a copy at http://www.doe.in.gov/exceptional/speced/pdf/2008-08-06-Article7.pdf.
Friday, September 12, 2008
Who counts as a parent with the ability to enforce or challenge an IEP under the IDEIA?
In a day and age where divorce rates near 50% issues involving which parent and who can enforce or litigate the appropriateness of an IEP are hitting the courts more and more often. Often when parents get divorced they have joint custody for purposes of decision making with one parent having primary physical custody. However, in more and more cases, the decision making ability when it comes to education or health decisions is being vested in one parent rather than both. In a recent case Fuentes v. Board of Education, City of New York, et al., F.3d (2nd Circuit, August 26, 2008) the Court found in line with other decisions that IDEA's allowance of the parent or guardian rights to bring an action will not apply where the “biological or adoptive parent does not have legal authority to make educational decisions for the child.”
ISTEP TESTING STARTS MONDAY SEPTEMBER 15
For many parents it is a typical Fall rountine, but this year for the first time ever it will be one that is done twice. ISTEP testing starts Monday and the testing window is from September 15 – 26th. Schools can give the ISTEP on any day within this window.
One question that many parents are asking is why do kids have to take ISTEP to begin with and why do they have to take it twice this year?
First it is important to understand that ISTEP is a mandatory exam given to students in all public schools and private schools that have been accredited by the state. The Individual scores of schools are used to determine whether a school met its academic goals, called adequate yearly progress. The scores also are used to create a list of schools needing to improve and schools that are doing well. These scores can affect whether a school receives additional federal funding or loses funding altogether. In Indiana a school that fails repeatedly to make AYP can have all the staff removed, face sanctions, and even be closed or taken over by the State. Students who are in the schools that fail to make AYP have options such as opting out of that school into another in the district. Under NCLB the goal is to have every child in the State passing ISTEP by 2013. This is part of how the State gets the money from the federal government they must prove that the money is actually being used to help students progress forward.
Why are we having two tests this year?
The changes are part of a larger testing plan for Indiana that includes moving ISTEP+ to the spring (grades 3-8), replacing the current GQE with Algebra I and English 10 end-of-course exams and offering new computer-based teaching tools to local schools on a voluntary basis for grades K-8. This first testing is actually going to be used for the data as part of last year years data. This Spring will be the data for this school year.
What happens if your child gets sick during ISTEP – can they make up the exam?
It depends. In most schools the answer is yes, which is why the testing window exists. However, if your child has a lengthy illness or is in the hospital during this testing window, the answer is no.
What if my child has special needs?
Depending on your child's challenges, some children will not need to take ISTEP. For kids with significant cognitive issues another option, called the ISTAR is avaliable. This test can be used to show your child's progress from year to year and let you know how they are progressing.
What if my child needs accomodations, such as larger print or a scribe for the ISTEP?
Many accomodations can be made for the ISTEP. These include additional time and changes in test scheduling, format and setting. However, these items need to already be in your child's IEP and be being used in your child's educational programming. If this is not being done, see your school principal or guidance office immediately.
What percentage of children pass ISTEP now?
About 70 percent of the students who took the September exams in Grades 3-10 passed English, and about 73 percent passed the math part of the Indiana Statewide Testing for Educational Progress-Plus. ISTEP does not affect whether your child moves grade to grade and it does not affect your child’s grades.
For more information on ISTEP where do I go?
The very best place is the Indiana Department of Education.
• ISTEP+ Questions? Call: 317-232-9050 or 1-888-544-7837 ext. 2
http://www.doe.state.in.us/istep/welcome.html
One question that many parents are asking is why do kids have to take ISTEP to begin with and why do they have to take it twice this year?
First it is important to understand that ISTEP is a mandatory exam given to students in all public schools and private schools that have been accredited by the state. The Individual scores of schools are used to determine whether a school met its academic goals, called adequate yearly progress. The scores also are used to create a list of schools needing to improve and schools that are doing well. These scores can affect whether a school receives additional federal funding or loses funding altogether. In Indiana a school that fails repeatedly to make AYP can have all the staff removed, face sanctions, and even be closed or taken over by the State. Students who are in the schools that fail to make AYP have options such as opting out of that school into another in the district. Under NCLB the goal is to have every child in the State passing ISTEP by 2013. This is part of how the State gets the money from the federal government they must prove that the money is actually being used to help students progress forward.
Why are we having two tests this year?
The changes are part of a larger testing plan for Indiana that includes moving ISTEP+ to the spring (grades 3-8), replacing the current GQE with Algebra I and English 10 end-of-course exams and offering new computer-based teaching tools to local schools on a voluntary basis for grades K-8. This first testing is actually going to be used for the data as part of last year years data. This Spring will be the data for this school year.
What happens if your child gets sick during ISTEP – can they make up the exam?
It depends. In most schools the answer is yes, which is why the testing window exists. However, if your child has a lengthy illness or is in the hospital during this testing window, the answer is no.
What if my child has special needs?
Depending on your child's challenges, some children will not need to take ISTEP. For kids with significant cognitive issues another option, called the ISTAR is avaliable. This test can be used to show your child's progress from year to year and let you know how they are progressing.
What if my child needs accomodations, such as larger print or a scribe for the ISTEP?
Many accomodations can be made for the ISTEP. These include additional time and changes in test scheduling, format and setting. However, these items need to already be in your child's IEP and be being used in your child's educational programming. If this is not being done, see your school principal or guidance office immediately.
What percentage of children pass ISTEP now?
About 70 percent of the students who took the September exams in Grades 3-10 passed English, and about 73 percent passed the math part of the Indiana Statewide Testing for Educational Progress-Plus. ISTEP does not affect whether your child moves grade to grade and it does not affect your child’s grades.
For more information on ISTEP where do I go?
The very best place is the Indiana Department of Education.
• ISTEP+ Questions? Call: 317-232-9050 or 1-888-544-7837 ext. 2
http://www.doe.state.in.us/istep/welcome.html
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