Special Education Law Blog

Ultimate Guide To Special Needs Teaching

The following blog has brought to together a very nicely organized set of resources in clearly defined categories as a resource for teachers. As we all know, frequently parents are the ultimate resource for teachers, so share these links liberally with your child's new teacher. If he or she is an open kind of person these resources will be well received and hopefully will help support your child in an appropriate LRE.

Illinois Police Joining Other States in Special Training for Working with People With Autism

The Chicago Tribune had a recent article on ongoing training efforts to allow more effective police work with people with autism.  Download Illinois police autism training.doc Among the tools being used by local area police departments:

"Wilmette officers now carry flash cards in their patrol cars to better communicate with autistic people who may struggle to respond verbally.

Northbrook authorities have a wallet-size card cuing them on how best to approach someone with autism-calmly, slowly and, if possible, without flashing lights.

In Naperville, youth officers next month will huddle with educators from the local school district to get tips on interviewing autistic children."

A great first step towards training police to avoid tragic and harmful consequences for children and adults with autism.

Guidelines for Better Classroom Acoustics

The U.S. Access Board, a little known Federal agency that facilitates access to public  buildings,  has published guidelines and presented resources to make public spaces, specifically schools, more  acoustically sound for students with disabilities. It is easy to overlook the importance of acoustics which center on two key concepts, Signal to Noise Ratio ("SNR") and Reverberation Time. SNR deals with how available sound is to a listener in an environment (classroom) and reverberation rates deal with the amount of sound reverberation that occurs even after a given sound stops. Download AcousticsTR.pdf

New Gene Discoveries Offer Insights and Promise for Children with Autism

A recent research report from Dr. Christopher Walsh, chief of genetics at Children's Hospital Boston, published in the professional journal Science show that children with autism are not missing whole genes but are missing parts of DNA; the genes which in part lead to autism are turned off. The good news is that intense early intervention can to some degree turn those genes back on. Psst, just do not tell Michael Savage about these latest findings, as it would ruin his Medieval perspectives on autism.

The ramifications of this report are:

• there does not appear to be a genetic magic bullet on the horizon in the form of  a vaccine that will prevent or treat autism
• autism is genetically-based, so arguments that autism is akin to a behavior disorder are unwarranted
• intense and individualized instruction, especially early in life are critical
• autism is truly a spectrum disorder and only over time will there be more understanding of the different sub-groups and more tailored treatments.

Individualized Therapeutic Approach Helps "Hopeless" Students

Too often the emphasis is on the failures of students especially those with severe emotional and behavioral issues. These students are considered a lost cause. The Foundation School has developed a highly individualized therapeutic approach is turning around the lives of students that the system had otherwise given up on. The last I checked they do not build their approach on aversives such as electrical shock, and achieve remarkable results with students going on to productive lives. Creativity, highly tailored programming on an intensive basis is what is required to reach students who have significant needs but the rewards are great in human and economic terms.

Savagely Indifferent to the Truth

Other commentators are firing back with well deserved criticism of of Michael Savage's hurtful drivel that spews forth from him on the subject of autism, and for that matter on other subjects of genuine public concern.  Autism News,  a blog that is intended to introduce scientific fact to journalism on autism, had the following to say:

"Either Savage skipped class the days his professors talked about “medicine”, or he’s an entertainer who doesn’t care who he hurts. I vote for the latter. Chances are, Savage knows that autism is a real disorder, with a strong genetic component, and that changes in diagnostic criteria have led to a spike in diagnoses over the last 20 years. But how boring is that? How many of his eight million listeners would sit through 15 minutes of their hero going all Dr. Phil, telling us that autistic children need understanding and accommodation? So much more entertaining to joke about smacking the handicapped."

Here is a story from Newsday about advocates calling for Michael Savage's job. A blog that has compiled the reaction to Savage from a number of autism blogs. Here is from Terri Mauro's blog who always has a kinder and more creative twist on things.

We have to hit back with plain fact to counter this propaganda and bombast for the sake of ratings. Unfortunately the damage in this instance is already done but change comes incremently. Changes are coming as we are coming to the post-Bush era where facts and reason will hopefully once again become the accepted means of discourse for most Americans.

Special Education Webinars

One of these days I am going to tackle the mechanics of presenting advocacy trainings through a webinar. For me I am still stuck with old fashioned in-person presentations. However the following website is offering a series of webinars on useful subjects related to special education (e.g. IEE) for attorneys, advocates and parents. I do not know anything about the quality but the cost is not exorbitant and you do not need to leave your house to participate. Anyone who tries one, please comment so others can know if they are any good.

Worst System Except for All the Others...

When Winston Churchill was asked about the problems with Democratic systems, he was reported to have said that "it is the worse system except as compared to all the others." Here is an article dealing with the comprehensive issues that students with disabilities face in India despite legal and constitutional protections.

A Savage Fool "Speaks Out" On Autism

Hope you are sitting down for this one! Michael Savage, a right-wing radio host has determined that: weak, feminized fathers who do not berate and humiliate their children are the cause of autism. Alternatively, according to this paragon of wisdom, autism is just a "fraud." Wow! You have to read and hear his words to believe that I am not exaggerating.

Apparently, following his undeniable "logic," if at the first signs of autism, at say 6-18 months when most children, I mean,  infants/toddlers are diagnosed, we as a country should scrap EI services in favor of a new military model of working with young children. Remove those children from sorry sensitive men, and give them over to institutions that will not put up with wining, crying and cringing. I can hear the future "teachers" of these children now: "Alright lets all crawl in formation, if  you wet that diaper one more time, I want 10 push ups, and do not even think of asking for your mother (that is assuming your verbal skill permit making such a request.)

He repeatedly refers to his father as a model of parenting.  Use of the word "fool" applied to the little savage seemed to a prominent part of his upbringing. Well his Daddy would be so proud to see he succeeded in raising a total savage fool. The only silver lining is that he makes Nanette Asimov look thoughtful and balanced.

By the way, it appears that Savage's rant about autism is not even current. He simply recycled and recast criticisms of autism he made in 2003.

This blog comes to me from my cousin Mark Mlawer, who is a national special education consultant and monitor, who is  an inspiration for all I do as an attorney. Education Week has also blogged on this topic.

Lack of Plan to Move Student to LRE Denied FAPE

A very intersting case that I became aware of from the blog of Jeff Marcus, a parents' attorney in New York State is A.Y. and B.Y. v. Cumberland School District case which was decided on July 7, 2008 by District Court Judge Smyser of Pennsylvania. This case involved a young child with autism who had been in private placement. The school district wrote an IEP attempting to move the student back to the district's autism program. The parents challenged this change in placement on a variety of grounds. The court on review ruled that the IEP denied a FAPE. One of the court's reasons for its ruling in favor of the parents was:

" Lastly, the district knew that B.Y. had extensive behavioral, emotional, and academic difficulties in prior placements in both the District and at Janus. The District also knew that B.Y. required help with transitions. In fact, the District included the recommendations of advanced preparation for transitions and comprehensive planning for major transitions, including transitions from school to school in both the ER and IEP. Knowing that transitions were difficult for B.Y. and that transition planning was necessary for him to successfully return to the District from Janus, the only mention of transition planning that the District included in the IEP was a transition note that stated the once B.Y.'s parents had visited the autistic support classroom in the District and "If [B.Y.'s parents] approve his placement a transition plan will be developed ..." As B.Y.'s parents' attorney noted, this is merely a promise of a transition plan, not an actual transition plan. I must agree. When a school district knows that a child requires a transition plan to return to that district from a private school placement and that school district does not include a transition plan in the IEP, the IEP is not appropriate. In Re the Educational Assignment of S.K., Spec. Educ. Op. 1769 (2006).

This case is interesting since this fact pattern arises for a lot students both within a placement and between placements, as in this case.  Difficulty with transitions is a common issue but it is rare that schools make the effort to actively plan for this need and certainly not as part of the IEP. I have many students who have had significant behaviors when transitioning between activities. Failing to actively plan for known difficulties in transition can be a denial of FAPE can be most useful argument to parents and attorneys as they are defending their child's difficulties related to transition.  It may also prompt schools to be more proactive in how they address difficulties with transitional issues. I have not seen another case like this one with such a ruling. There may another case like it but it has not come across my desk.

It should be noted that the use of the word "transition" in this case is different than the "Transition Plan" dealing with moving students to productive post-IEP lives.