Special Education Law Blog

Service Dog In East Meadow, N.Y. Defeated in Court

This post is a followup to a series of earlier blogs regarding the dispute between the family of a child with special needs and the East Meadow School District in New York over allowing the student to have his service dog in school. The family wanted to have their son's service dog attend school with him and the school objected because of health and safety issues. The parents sought immediate relief in the form of an injunction--a court order mandating that the dog be immediately allowed into school. The District Court denied the injunction and now the Second Circuit Court of Appeals has affirmed the lower court's ruling. So for now the parents are left with due process to get an order to have the dog in school.

Accessible E-Texts

Having access to text that can be readily converted into spoken words can be a critical part of becoming a proficient reader, a student who is meaningfully included in school, and employable in the world outside of school. For my son, without digitized text he would not be able to be in an inclusive classroom. Up to now, much of his text had been inputed manually which has been very time consuming. Fortunately, with legally mandated changes required in IDEIA (e.g. NIMAS-accessible text, Universal Design) the amount and type of accessible e-text is increasing. Reading Rockets has published a very useful article on accessible e-texts along with guidance on how to take advantage of  the new provisions of  IDEIA.

Here Is An Issue the Candidates Need to Talk About

The Federal government's employment of people with disabilities is at an all time low according to a Washington Post story. Unemployment generally of people with disabilities is at very high levels of 30% or greater. IDEIA is supposed to produce outcomes that focus on economic self-sufficiency, ability to live in the community and employment. None of the candidates are talking about these issues and a review of their websites shows that this vital issue is not on the rader screen. We need to get it on the radar and insist that questions are asked at debates, town hall meetings and other forums.

A Teenager with Disabilities Statement of Love and Courgage

The following is a statement from a client of mine who has disabilities. He is a teenager. He was adopted a number of years ago. Over the last year and a half he has been the frequent victim of bullying based on race and disability from peers. Unfortunately, school personnel have not been responsive to him and have not been protective of him. Despite all that he has been through, he is an amazingly resilient person who has an enormous capacity for love for his parents and courage in the face of adversity. It is students like him that make my job so very satisfying.

Bipolar Disorder and IEP's by Amanda Windom

Bipolar disorder diagnosis in youth (under 20 years of age) drastically increased in less than ten years. A comprehensive study published by Archives of General Psychiatry found that in 1994-1995 twenty-five per 100,000 office based visits for youth resulted in bipolar diagnosis.  By 2002-2003 that number had risen to 1003 per 100,000 and experts say that by now it has almost certainly risen more.  Some experts believe that greater awareness is allowing kids access to treatment, while others feel the disorder is being over diagnosed reports The New York Times.

The Child and Adolescent Bipolar Foundation(CABF) explains how bipolar disorder in children may vary from that in adults.  For example, as opposed to having marked changes in mood and energy as adults do, children often have ongoing mood disturbance that is a mix of mania and depression.  Children with bipolar disorder are entitled to special education and an IEP if the disorder affects their ability to be educated.  The IEP should reflect supports necessary when the child is experiencing symptoms as well as when the child is relatively well.  Some necessary accommodations may include  an extra set of books at home, unlimited access to water fountain and bathroom, small class size, a one-on-one aide for assistance, or reduction in homework.  Click on the link for CABF for a more comprehensive listing of accommodations.

In a Land Called (Im)Perfect by Lori Miller Fox

Now that the holiday season is over, we can all breathe a sigh of relief. Gone (until next year anyway) are the reams of circulars picturing perfect families bonding over perfect games. Off-air are the educational,ly-based, imagination-stimulating, motor-challenging, award-winning toys for award-winning children.   Absent at last are the “Joyful Joneses,” the “Smiley Smiths,” and the “Functional Friedmans.”

I know my child is not the “advertisers’ ideal” and my family is not the “manufacturers’ market,” but  I still ask myself “why should that be the case?” Maybe if we all close our eyes tightly, click our heels three times, and really,  really,  really believe, we can create a world, if only for a minute, where everything is imperfect. In my imperfect toyworld: