Special Education Law Blog

Inclusion of Students in School Governance

The National School Board's Association ("NSBA") has noted  a recent trend that students are being included  on school boards.  In at least one school district, Davenport, Iowa, at least one student who is on the school board is required to be a student with an IEP.  On the whole it appears that most student who are allowed a role in school governance are based upon popular vote or other criteria that generally will not favor a student with special needs being included on the local board of education. For instance, in Tennessee, 4 students are to be included on the board two each from the "college track" and  "technology track." Download School Governance.pdf

Custom Governs IEPs

In the nearly 10 years that I have been representing children with special needs, the question that comes to mind most often is--why do schools act the way they do ? Mostly the mental question is an effort to probe the myriad ways that schools conduct themselves in violation of the law, but paradoxically believe, often sincerely,  that they are acting in accord with the law.   The answer is that custom more than IDEA, 504, or any state law or set of regulations determines the schools actions. Which is not to say that real promulgated laws do not intrude on the actions of the school because that would be untrue. Custom, however, transcends any revisions in the law and continues to explain, at least in part, the actions of schools.

New Instrument to Evaluate a Child's Academic Apptitude

This blog post comes from the Intelligence Testing blog an incredible resource on issues relating to testing, learning disabilities, current research on testing which also injects some very funny  cartoons.  A new instrument called the School Motivation and Learning Strategies Inventory (SMALSI) was introduced at the National Association of School Psychologists' (NASP) convention. This instrument  has the potential to "to tap some important non-cognitive aspects of a child's academic aptitude," according to Dr. Kevin McGrew, the author of the Intelligence Testing blog.  If the SMALSI  is validated and widely accepted, it could reveal important data for designing more effective IEPs.  As with most innovative concepts, parents will likely have to inquire and advocate for the application of this instrument, if applicable.

Solar-powered Implant Could Restore Vision

A retinal implant which is solar-powered could restore sight in some cases of blindness.  This new technology allows nerve impulses to be transmitted to the brain despite damage to the retina. The recent development from Professor Laxman Saggere of University of Illinois at Chicago is that this eye "prosthetic" is solar-powered avoiding the risk of heating retinal cells from the application of direct electricity, and the need for external batteries. This article was published in New Scientist, a very readable new magazine covering developments in science.

What All the Best Advocates are Wearing by Lori Miller Fox

It’s IEP season, and rage is all the rage.

Many Special Education Students Mislabeled

Mislabeling students as mentally retarded is rampant in Fitchberg, Massachusetts according to the State Department of Education and the U.S. Department of Education. [Download Mislabeled_Students.doc] Nearly one-fourth of all students in the district have been labeled mentally retarded which is nearly four times the state average.  One investigatory report concluded the number of students who were mislabelled was "extraordinary."

Analyzing the Role of Paraprofessionals

Paraprofessionals play an essential role for many children with disabilities under IDEA. Personally, my son has had a great paraprofessional for many years. She has had just the right balance of being supportive and backing off. She has been an advocate for him and a team player (in the non-negative sense) with the other school personnel. In a word she has been a crucial and wonderful part of my son's education.

However, the question is to what extent do schools overuse paraprofessionals as a quick and inexpensive "fix" instead of providing a certified teacher to teach students.  This question is addressed in a set of guidelines and worksheets from the University of Vermont's Center on Disability and Community Inclusion as part of Project Evolve.

Summary of Arguments in Arlington Central v. Murphy Case

As stated in previous posts, Arlington Central v. Murphy is set for oral argument on April 19, 2006 before the U.S. Supreme Court. Click to read a summary of the oral arguments.

The Final Lesson of Inclusion

Inclusion has many rationales. At its most basic, inclusion is based upon the mutual benefits, exchanges and learning that go on between children with disabilities and non-disabled peers.  To me inclusion is a collision of two worlds. The world of people with disabilities and that of people without disabilities. While  there is no compelling reason why there should be two separate worlds, historically that has been the reality.  Over the decades, IDEA incrementally has fused these two worlds. This fusion has in my experience resulted in some meaningful and life changing lessons for both the disabled and the non-disabled.

New Study on Juvenile Justice and Special Education

A new study  from Indiana reveals severe short comings in the juvenile justice system. Overworked public defenders who lack sufficient training and motivation are among the findings.  Many children go without representation or at best perfunctory representation in court. For special education students the findings of the report are especially troubling.