Special Education Law Blog

Documentaries Accurately Portray Disability-Related Issues

Although there have been recent complaints that both actors and characters with disabilities are underrepresented on television, two excellent documentaries about disabilities have aired in the past year.  Journey into Dyslexia, which appeared on HBO in May of 2011, profiles students and adults who have dyslexia.  According to the HBO web page, many of the adult professionals who struggled to learn in school now consider their dyslexia a gift and a defining reason for their successes.   Critics called the straightforward interviews with the persons with dyslexia, including children, the most powerful part of the documentary, which was made by Academy-award winning filmmakers Alan and Susan Raymond.  Among those interviewed are a professor at Johns Hopkins University, inventors, entrepreneurs, and consumer advocate Erin Brockovich.  Additionally, the HBO website accompanying this documentary is rich with information on dyslexia. Another documentary from the Sundance film festival on dyslexia is called The D Word.

Keeping All Students Safe Act Introduced in Congress

The “Keeping All Students Safe Act,” which was introduced in the U.S. Senate last December, would limit the use of physical restraint and seclusion of students who are out of control or may pose harm to themselves or others.  According to Senator Harkin, the Democratic sponsor of the bill, “Every child should be educated in a supportive, caring, stimulating environment in which they are treated as an individual and provided with the tools they need to succeed.  They should never be subjected to abusive or violent disciplinary strategies or left alone and unsupervised.  This bill will set long-overdue standards to protect children from physical and psychological harm and ensure a safe learning environment for teachers and students alike.”

School District Predetermines Placement Denies Student FAPE

Predetermination at IEPs is a frequent charge against school district but often very hard to prove. In the recent case out of Arizona, Deer Valley Unified School District, 111 LRP 71612 (November 1, 2011) case the school district informed the parents in writing what the placement would be, but the team was prepared to hear the parents' position as to why the placement was wrong, and in that way the parents were allowed to "participate" and in the school's view they had not predetermined the placement.  The ALJ wryly rejected this argument stating:

"One wonders what Respondent School District would think if, at the beginning of a hearing, the Administrative Law Judge announced that he has reviewed the exhibits and made a decision for the parent, but will keep an open mind and reconsider his decision upon presentation of further evidence at the hearing."

While most school district's are not so brazen as to publish their predetermination, it does happen on occasion, and parents should be on the look out for such statements that are clearly indicative of predetermination.  In most cases more inferential arguments on the issue of predetermination are not likely to succeed.

ADHD Medication Shortages, Survey Information Neede

There has been an ongoing shortage medications in this country from cancer medications to other critical medications. There is now a shortage in some part of the country for some ADHD medications. CHADD is soliciting information to better help address this medication shortage.

 

People With Disabilities Greatly Under-represented on Television

The annual “Where We Are on TV” report issued last September by the Gay & Lesbian Alliance Against Defamation (GLAAD) indicates that characters with disabilities are almost invisible on scripted primetime television (ABC, CBS, The CW, Fox, and NBC).  Of 647 regular characters who appear on these networks, only five (less than 1%) have disabilities. In addition to regular roles, three recurring characters on primetime television have disabilities.  Cable networks have done comparatively better providing more regular  and recurring characters with disabilities.  In contrast, the American Community Survey from the US Census Bureau reported that 12% of Americans (36.4 million) have disabilities.  Christine Bruno, co-chair of the Tri-Union I AM PWD campaign which promotes inclusion of persons with disabilities in the arts and helped conduct research for the GLAAD study said, “We look to our stages and screens not only for entertainment, but to hold a mirror up to society.  Our industry has a responsibility to its artists and the viewing public to accurately reflect what we see on our streets and in our communities.”

An Important Milestone in a Student's Life by Marilyn Green-Rebnord

Some years back, The Onion, a satirical publication, announced in a headline, “Miracle of Birth Occurs for 83 Billionth Time.” At our older son’s Bar Mitzvah, my husband used this article to explain that we perhaps take for granted the milestones our children reach.  We forget that each and every birth, and each and every event in that child’s life, is unique and special.  Each bris, each first communion, each first tooth, each first day of kindergarten are all miraculous.  We’ve somehow lost our wonder in the ordinariness of life.  And yet, how much greater is the miracle when it is a child who has been ill, or who has a disability, or whom for whatever reason there was doubt that he or she would reach a particular milestone?

Students with Intellectual Disabilities Successfully Attending Colleges

A recent Chicago Tribune article highlights students with intellectual disabilities who are successfully attending area colleges.  One 25-year-old who graduated from Elmhurst Learning and Success Academy is currently working two part-time jobs as she completes a veterinary assistant program at the College of DuPage.  A recent graduate of the PACE program at National Louis University in Skokie described the three internships he worked while earning a two-year certificate program.  Each of the students interviewed expressed their satisfaction with their respective programs and career goals.

Neurofeedback may Benefit Kids with ADHD

Children who have ADHD often have difficulty regulating brain activity. A new study, conducted by German and Swiss researchers, demonstrates that neurofeedback training may help. Neurofeedback is a method of training the brain, or shaping brain wave activity which for some children results in improved behavior and reduction of hyperactivity and impulsivity. The technique doesn't work for everyone and is not a replacement for drug treatment, but may be used as a companion, as MSNBC reports.

Children in the study worked on a game like computer program that had them activate or deactivate portions of the brain and they were rewarded with points. After two weeks of the computer program they used red and blue cards to practice the brain activation and deactivation. The other group of children took part in group therapy sessions. Results indicated that parents and teachers, although to a lesser extent, reported great improvement in the children who took part in neurofeedback. It was also noted that kids did better when parents encouraged, rewarded, and reminded them to practice with the red and blue cards. In all eight children learned to successfully regulate brain activity while nine did not.

Guidelines for Mediation and Resolution Sessions

Mediation and resolution meetings are among the primary ways that many special education cases get settled. For many parents they have never attended anything like a mediation or a resolution session.  An advocacy center is DC has published a useful handbook that is very accessible guide to mediation and resolution meetings.

The iPad and Its Many Uses for Students with Autism

The advent of the iPad and iPod with the proliferation of their accompanying applications offers extraordinary opportunities for students with special needs, including those with autism.  In an Education Week article, Matthew S. Goodwin, the director of clinical research at the Massachusetts Institute of Technology Media Lab, states, “A lot of this [new technology] is preliminary and promising, but it’s not a silver bullet.”  Mr. Goodwin continues to say, “It’s not going to cure autism, but we’re at the precipice of a revolution.”