Special Education Law Blog

Guidance from the Feds on Parentally Placed Students In Private Placements

The U.S.Department of Education has issued guidance in the form of a sheet of frequently asked questions (FAQs) regarding the rights of parents who have placed their children in a private placement when the school district has offered a FAPE. Download faq-parent-placed.doc  This is an area that I am questioned about frequently. These FAQs should clarify this area, but unfortunately the simple fact remains that the obligations of school and the rights of parents are limited, and the opportunity to enforce even the minimal rights granted is very limited.

New Fast Test for Lead Poisoning In School Children

Nearly 1 in 4 school aged children are suffering from the effects of lead exposure which can have pervasive effects on all areas of learning. Early detection is critical before the effects become irreversible. Lead exposure has been associated with behavioral issues, learning disabilities and mental retardation.

While lead testing is normally mandated as part of routine school physicals, it should be revisited as part of  a case study evaluation for special education. Other medical questions are commonly raised during case study evaluations. Routine questions relating specifically to lead exposure, however,  are rarely a part of the evaluation. ESA Biosciences of Chelmsford, Massaschussets, a medical diagnostic company ,  has released a lead diagnostic test that takes 3 minutes to make a determination of lead exposure .  Now there is no reason for schools, pediatricians and local clinics not to screen or re-screen for lead, especially given its effects on nervous system developement and learning. Parents should bring forward any possible exposures to lead even if the school does not inquire during the case study evaluation for special education.

 

 

 

NCLB Up for Reauthorization and Revision

Now that the Democrats have taken over the Congress, the debate over the reauthorization of NCLB has begun in earnest according to a recent New York Times article. Among the issues the Democrats are raising are as follows:

How Do You Spell U-n-f-a-i-r

A principal in Brooklyn denied a student with special needs the opportunity to participate in a district-wide spelling bee because the child receives special education. Here is the perspective on this story from a New York teacher and from another blogger.

Illinois Regulations Blocked

JCAR the legislative committee that passes on state regulations blocked the pending special education rules based upon a determination that the regulation pose "a serious threat to the interests of children with disabilities and special-education teachers." The primary rationale for this decision was that the proposed regulations removed limits on class size and case loads. Hearings before legislative committees are now pending to consider amendments to the rules. 

So the fight in Illinois over getting fair and effective regulations for children with special needs moves from the administrative setting to the legislature for now. This struggle over state regulatory implementation of IDEA 2004 promises to play out in other states over the next several months. Parents need to monitor their states Department of Education websites to have an active role in the shaping of these important regulations.

U.S.House Approves Stem Cell Bill

The U.S. House approved a bill to permit funding of stem cell research. The vote, however, was not the 2/3 needed to override an expected veto from President Bush. So the political struggle continues to get federal funding restored.

Assistance Dog III

This post is the third in a series involving Simba, the assistance dog that is attempting to be admitted to East Meadow High School. The school district has finally issued a rationale for its position barring Simba. While I do not particularly agree with the rationale, the statement at least invites a reasoned dialogue with the family.

JCAR Blocks Illinois Regulations For Now

From my source Sandy Alperstein:

JCAR (Joint Committee on Administrative Rules) took action this morning to stop the Illinois special ed rules (Part 226) from taking effect.

Bev Johns
Chair, ISELA
Illinois Special Education Coalition

The next steps are likely to be a revision of the regulations and a resubmission in the near future. I will post as I get more details.

Epilepsy Toolkit

The Center for Disease Control and Prevention has published a toolkit callled "You Are Not Alone" for supporting families of teens with epilepsy. The focus of this guide is to support transition to high school. The CDC states:

" You Are Not Alone is a toolkit developed specifically for parents of     teens who have epilepsy. Parents know that the transition from childhood     into adulthood often includes emotional, psychological, and social     challenges for any teen. But a teen with epilepsy, especially when newly     diagnosed, may have additional anxiety and confusion due to epilepsy's     complexity and unpredictability. When other people (including teachers,     other children, and other parents) do not understand or are afraid of this     teen who may appear different, a communication barrier can develop, creating     further misunderstanding, isolation, and discouragement. Parents can play an     important role in preventing this. When their children with epilepsy become     teenagers, they can encourage and assist them in taking responsibility for     themselves, while at the same time helping them accept the limitations on     their freedom and choices that may be necessitated by the seizure disorder.     The materials in this toolkit are designed to support this effort."

The kit includes literature,  streaming video and guidance to help students make it through a difficult transition from grade school to high school. Parents may want to consider using this guide both as a help for the family and to develop goals and supports for the IEP or 504 plan for high school.

 

Assistance Dog 2, School District 0

Well the story of the assistance dog gaining access to East Meadow, New York High School is far from over. Today marked the family's fourth attempt to have their son, who is hearing impaired, come to school with his assistance dog, Simba. The dog was again turned away.