Special Education Law Blog

Teaching Critical Skills to Become a Learner Not Just a Student

That standardized test scores can accurately predict whether a student will attend college, be gainfully employed, and be successful in life have become the bulwark of educational policy in this country.  How kids “measure up” on tests are linked not only to teacher performance evaluations, but also to determinations of whether or not a school is considered successful or a failure under No Child Left Behind. But standardized tests don’t tell the whole story about a student.   In fact, some researchers now argue that a student’s grades are better predictors of overall success in life than standardized scores.  Those seemingly intangible factors which keep a student in school and persevering—resilience, self-control, and grit--may be far more important in the long run than short-term mastery of course content.  

Romney’s Educational Vouchers a Disaster for Special Education Students

Schools are not like private corporations. Governor Romney’s goal to privatize, voucherize, and let the market determine winners and losers is simplistic. The reality is we do not have to wait to project that under his system special education students will be losers. To be clear, I advocate on a regular basis in appropriate cases for students to be tuitioned out to private schools with their IEPs intact, even if that school is more restrictive because it has what the child needs to receive a FAPE.

 As a primary part of his education platform, Republican presidential candidate Mitt Romney is proposing a pro-choice, pro-voucher system that will allow parents to choose which schools their children can attend.  Romney is arguing that market forces and competition will force improvements in public schools.  Additionally, Romney is proposing to allow federal Title I and IDEA funds (which will also likely be cut) to become “portable” for low income and special needs students.  These funds would follow the students to any district or public charter school, private school where permitted by state law, or toward tutoring or online courses. In theory, these proposals sound wonderful.  Who wouldn’t want their children, both regular and special education, to go to the best possible schools?  These proposals, however, could be disastrous for special education students.

Standardized Testing Accommodations: The Fundamental Tension

It is that time of year that many high school students dread--ACT/SAT test taking time. These standardized tests are used to gain admission to colleges and graduate programs and to obtain certain professional licenses.  These exams, which are designed to predict either the test taker’s future academic success or to test his or her knowledge of certain areas, are designed to be administered under uniform conditions and with time limits.  However, these constraints may make taking the tests difficult for persons with disabilities.  Without accommodations, the tests may instead reflect the individual’s disability, and not his or her aptitude. 

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.”

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.”

Romney's Stance on Special Education

The presidential election is more than one year away but is never too early to learn about the candidate's positions on matters related to education and special education. As it appears likely that Mitt Romney is the likely Republican candidate his positions bear particular scrutiny. In a recent newspaper interview with a traditionally Republican New Hampshire paper (e-edition),  Romney made the following statements:

"In a Romney administration, he said, the federal responsibility for public education from kindergarten through Grade 12 would be limited to providing data to the states.

“The federal government being a funder of state and local education is not in my opinion a necessary responsibility,” he said.

Special education “is a choice we can make, but it doesn't necessarily strike me as a responsibility of the federal government. It could be a responsibility of state governments.”

He said, however, that the federal government traditionally “picks up some portion of funding for special education, and I'm not proposing eliminating that or shifting that to the states. But it's not constitutionally required that the federal government deals with special education or other education programs.”

While these statements are not clear at all, and he seems to be taking the position that little will change in terms of the role of the federal government relative to the states on special education, he leaves open the significant possibility/probability of wholesale changes with each state having responsibility for special education. On issues related to funding, even in this one interview, he waffles from no federal funding for education to possibly continuing "some portion" of funding for special education. No funding to states for special education, if that is where he ultimately came out on the issue, would be nothing less than catastrophic!  Bottom line for me is that any one who cares about special education could not possibly feel confident or rest easy, if Mitt Romney were to make it to the White House. Let's also remember that the next reauthorization of IDEA will likely come up during the next presidential term.

 

Transition Amendment Bill A Step Up for Students

Congressman Gregg Harper is the only member of Congress with a child with Fragile X. He is putting his life experience to good use in his proposed amendment to the transition provisions of IDEIA. He has proposed a bill that contains a significant set of amendments to the transition sections of IDEIA, which would greatly bolster the rights of students to have more robust transition planning. (see copy of the bill by clicking on the pdf Download 4926_0001). This bill proposes to reduce the age that transition planning begins to 14 from the federal level of 16 in the current IDEIA (in Illinois it is 14.5 years of age). It calls for the development of objectives as part of the transition plan and that the IEP should contain:

"a strategy to address the needs of the child related to academic and school-based prepatory experiences, work and career readiness, youth development and leadership..."

Sounds very good to me expecially compared to the often non-plans that I see every day in my office that are generic and missing in any real specifics. We need strategies and we need enhanced definitions and delineation of transition needs that this bill provides. I hope Rep. Harper will be able to shepard this bill through as things heat up in the reauthorization processs.

Local School Districts Already Facing Big Cuts

The GOP recently proposed a $500 million cut from special education when local school districts are contemplating and about to approve stiff cuts in funding and services.  Fortunately President Obama has come out for more spending for special education. Big cuts are being proposed at the state level as well. Of course, in times of crisis, the first line of attack is to blame the special education students for causing ruination to the overall state educational budgets. The issues is systemic and not caused by the needed funding for the special education. 

Virtual Law Office to Allow Parents Access to Legal Representation

I am proud to announce that today I have launched the first virtual law office that represents parents of special needs in the area of special education law and guardianship! (This virtual law office will be in addition to my bricks and mortar office in Northbrook, Illinois.) The access point for my virtual law office is my website foxspecialedlaw.com.

Just a few months ago I read about a new concept in the practice of law--Virtual Law Office ("VLO").  As I looked into VLO, I realized that this new way to practice would allow my office to more effectively represent parents nearby, and provide access to those families who are outside of more urban centers who otherwise have not had access to legal services at all. The concept is to offer full service, and more limited representation (the new term is "unbundled services") but still effective legal services (e.g. counseling prior to a meeting, reviewing letters and input statements). I have had numerous encounters with parents where I have given them some critical advice on the phone or reviewed a document that has changed the course of an upcoming meeting in favor of the parent. 

Tell Congress to Oppose Bill which Cuts Half a Billion Dollars in Special Education Funding

This is a critical time to step up make your voice heard. Congress and especially the Tea Party members think the way to balance the budget is to make drastic cuts to special education. If you have never called or written Congress before this is the time to do it. Below is an urgent appeal from CEC with the salient points.