Special Education Law Blog

U.S. Supreme Court Considers An IDEA Case for Appeal on Expert’s Fees and Rejects Two Other IDEA Cases

The U.S. Supreme Court has requested that the Solicitor General’s Office for the United States submit briefs regarding the merits of a case that is pending appeal.   The case is Arlington Central School District Board of Education v. Murphy (No.05-18).   The Murphy case presents the question as to whether expert’s fees are recoverable under IDEA.   This question has been answered in the negative in the T.D. v. La Grange Sch. Dist. case in the 7th Circuit and in Illinois.   If Murphy were to be accepted for appeal and decided favorably for the parents’ side, it would effectively reverse the decision in T.D.

A Person Is Inside -- by Cole I. Fox

In these few words the author embodies a great deal of wisdom.  He is 13 years old, physically challenged, and in 7th grade.  Without technology and teachers who have believed in him, he would never be able to express these feelings.  You will forgive my admiration for this posting, it comes from the pride of a father for his son:

A Person Is Inside --  by Cole I. Fox

To be different physically can be demanding.  Doing homework can take every bit of energy I have.  Just sitting is tiring.   People don't really even give me credit for my work.   They think my aid is doing it.   I just need physical help.  My brain is fine.  A different body requires special care to remember a person is inside.

If You Give a Child An Appropriate Education - by Lori Miller Fox

One of my daughter’s favorite books, If You Give a Mouse a Cookie by Laura Joffe Numeroff, inspired the following posting:

Schaffer v. Weast: The Sky is Not Falling

In the Chicken Little story that is currently playing in theaters, Chicken Little, the main character, tells all the other animals that the sky is falling.   Without any real consideration for the truth of the matter, the animals believe her.   The only one who benefited from this situation was the cool-headed Foxy Loxey who takes full advantage of the situation.   Well, after one week of commentators and other attorneys proclaiming that the sky is falling after Schaffer v. Weast, I am here to tell you that is just false.   If I am destined to play the part of Foxy Loxey in the post-Schaffer legal drama, so be it.   Otherwise, strategic school people may prey on parents’ fears and misconceptions.

The Rights of Children with Disabilities Enrolled By Their Parents in Private School

Numerous parents who unilaterally enrolled their children in private schools (including religious schools) have raised many questions regarding their children's rights under the new IDEA.   In response, I have drafted the following summary of recent Federal guidance on this subject.  This summary is general in nature and is not meant to provide specific legal advice.   This posting addresses only the changes to the provisions of IDEA 2004 that took effect on July 1, 2005 regarding children with disabilities who are enrolled by their parents in private schools.  The relevant IDEA provisions can be found at 20 U.S.C. § 1412 (10)(a).   This posting does not address a related set of issues regarding when a parent unilaterally places a child and then claims the offered program in school was not a FAPE.   That situation is subject to its own set of requirements, including notice to the school, which is a critical prerequisite not discussed here.

'Tis the Season - by Wendy E. Handrich

The Holidays are rapidly approaching, bringing with them a host of festivities, and gatherings.  For children with social disabilities and sensitivities to sensory stimuli, this time of year can cause increased anxiety and frustration.  The noted “To be Jolly” Season can often be difficult for children with special needs as well as their families.  One or more of the following suggestions my help everyone enjoy the Season and each other:

Pen-Top Computer May Be a Help to Some Children With Disabilities

For sheer gee whiz alone, the latest technology gizmo is worth checking out.  It is called “the FLY”, and it is from LeapFrog Enterprises, the same people who make the LeapPad for students in the early stages of literacy.  The FLY is not yet on the market, but it is projected to retail for $99.00.

The FLY is being described as a pen-top computer.  While this may be a bit of an oversell, it does do some fun and educationally relevant things.  For instance, with specially designed “Flypaper,” a student can draw a piano and then use the FLY to play the keys.  Draw a calculator and then use the FLY to solve problems.  For foreign language exercises, students can write a word in English and hear it translated into Spanish.  There is additional software for test preparation in science, math and social studies.  For geography exercises, the pen-top can tell you the name of the capital of a state when you point to it, play the national anthem of a country when you point to it on a map, and create timed, interactive geography exercises.

Whether the Fly will have applications for children with disabilities remains to be seen, as this technology is still untried in the classroom.  But given its low cost, it does not present a huge investment to try it out and see.  It may in fact help struggling readers and be a useful tool for math exercises.  Even though it will never replace a laptop computer for power and functionality, it is fairly unobtrusive, so a child may be more likely to use it.  One of my personal frustrations is when I fight hard for a laptop at the parents’ request, and the school finally complies, only to have the child refuse to use it because of the “geek factor”.  Most teens would rather do anything other than use a piece of technology that stigmatizes them as different.  In any event, the FLY satisfies my personal fantasy from third grade, when I looked at my pencil in math and wished that it could give me the answers.  Now it can.

To read the LeapPad Enterprise  press release for the FLY (in .pdf format), click here.

From Teasing to Torment: New National Report on School Bullying

A recent national survey has shown that fully two-thirds of high schoolers have experienced physical harassment and bullying in school, and the vast majority of these incidents are not reported to school personnel.  The majority of these incidents center on two primary areas: whether a student looks different from the norm in some way, and whether the student is perceived to be gay, lesbian or bisexual.  This survey brings to the fore some difficult realities for children with disabilities in high school. Very often, a student with a disability looks different or acts different in some way.  Whether the disability is autism, NVLD, a physical challenge or an attentional issue, the differences are there (though some more obvious than others). Moreover, if that same student is perceived to be other than heterosexual, the student will likely suffer a double dose of harassment and abuse.

Hostile Parents Are Made, Not Born – A Primer for Schools to Understand Parents

Too often school districts' perceptions of parents are formed based upon preconceived notions and assumptions.   The following posting was written for school personnel so they can better understand what motivates and animates parents.  This primer may be helpful to better explain to school districts what has gone wrong in the relationship between school and home.   At a minimum, parents may want to share this posting with the school personnel to further dialogue.

Report on Standardized Testing in Lower-Income Schools Disputes Conventional Wisdom.

On Wednesday, October 26, 2005, the L.A. Times featured an interesting article summarizing the findings of a report on the effect of parental involvement on students’ progress.

The new study examining why similar California schools vary widely in student achievement produced some surprising results: Involved parents and well-behaved youngsters do not appear to have a major effect on how well elementary students perform on standardized tests.

Four other factors seemed to count a lot more, at least when combined in schools, according to EdSource, an independent group that studies state education issues.

The study of lower-income schools found that the strongest elements in high-performing schools are as follows:

1. Linking lessons closely to state academic standards;
2. Ensuring there are enough textbooks and other teaching materials;
3. Carefully and regularly analyzing student performance; and
4. Putting a high priority on student achievement. 

The study's authors say that these criteria show that poverty and other challenges need not keep students from doing well.