Special Education Law Blog

Special Education Litigation on the Rise?

A recently published article reveals that the number of reported special cases has increased over time. That does not square with the numbers and my experience in Illinois. The empirical data shows an overall decrease in cases going to hearing. It may be that more cases are being brought by schools to block IEEs. Also given the increasing evidence of zero tolerance for behaviors, more students are backed into a corner and need to sue to protect their rights since there is no partner to find common and reasonable ground to negotiate. Child find is another area that is ripe for litigation in the wake of so many misconceptions regarding RtI (more on this later). All of these are likely areas for dispute but not as much in Illinois even though, in the city I am filing many due process cases ostensibly over abuse of the RtI process.

Traumatic Brain Injuries in the Spotlight on American Idol and Beyond

In the past month traumatic brain injuries have been getting a lot of media attention, from press coverage of the shooting of U.S. Rep. Gabrielle Giffords to the recent American Idol episode where contestant Chris Medina shared a personal story of his fiancée’s struggle. Medina  told “Idol” judges Jennifer Lopez, Steven Tyler and Randy Jackson that two months before their wedding, his fiancée was in a serious accident. She sustained serious brain damage, and was in a coma for a month and a half.

Mr. Medina told the judges that after she awoke, “Everything changed.” This is a phrase that all traumatic brain injury survivors and their families can relate to. His fiancée is not partially paralyzed and looks like a shadow of the person in the photographs from before the accident that were shown on the show.

TBIs occur when an external force traumatically injures the brain. BI can cause a host of physical, cognitive, emotional, and behavioral effects, and outcome can range from complete recovery to permanent disability. Because of the range of effects TBIs can be difficult to plan for and accommodate in the school setting. It is important that individuals with TBIs and their families work with the school to assure that supports are in place for students with TBIs to progress and receive a free and appropriate public education.

Words of Wisdom for (and at) IEP Meetings

IEP meetings should be wonderful team building endeavors.  Therapists and teachers wouldn't argue with parents that children don't actually need more therapy, functional academics, or to eat or drink during the day.  Classrooms would be inclusive and progress on goals would be phenomenal. 

For example, at a recent meeting I expressed that it would be beneficial for my client to use his gait trainer (which would be provided at no cost to the district) for 30 minutes everyday in the hallways.  I was then told by the physical therapist that this was not a functional goal for him, and not part of his IEP.  I suggested we develop a goal for walking to a peer, teacher, or place in the school.  Than I explained how walking is a functional goal for the student.  All along I had thought that the physical therapists knew that walking was functional.  Tip #1 assume nothing.

Guidelines for Effective Educational Testing Part 2

Here is the continuation of the last post to help guide parents and advocates through the testing process:

Guidelines for Effective Educational Testing Part 1

In this age of RtI where testing is claimed to be a "thing of the past," even though that position is hogwash, it is even more important to fully understand the language and process of testing. This posting is part 1 of a two part blog post on testing.

Adults with Developmental Disabilities Facing Dire Circumstances

Over this past year I have increasing represented families whose children need residential placements.  While I have no illusions that simply placing a child in residential is the answer to all prayers, it is almost always a the final culmination of years of trying less restrictive placements. Despite what too many school personnel think, residential placements are not an effort to rid the family of a troubling child, but rather to save the child so he or she can have a life and a real connection with the family.  

One family I represented the student was openly homicidal, but according to the school that was only at home so there was no educationally-relevant need.  Unfortunately the majority of cases (and I have researched this topic thoroughly) do not consider home-based issues of primary relevance in making a residential placement decision. I think of this case often and hope not to see his name in the paper in connection with a homicide at school or at home.  Remarkably the private day school where was placed described him as sterling citizen in the school.  This description and the overall stance seemed to be about keeping him in the private day school and the funding that went along with his placement.  I lost all respect for that staff that day!

The even more troubling situation is when students age out of residential placements. Most residential schools do not serve students over the age of 18. Moreover, as described in the video clip below, states are increasingly cutting back on funding any residential placement even though this placement is mandated under IDEIA. To paraphrase my long standing reader of this blog, Daunna Minnich, schools view students one way when they are young children but take and entirely different view when they are 18 and above. She squarely is confronting the hard and incredibly frightening reality of raising an adult with severe developmental disabilities with little or no resources. Planning is a nightmare in the best of economic times; these are obviously not even those times.  Creative juggling of time and money only goes so far, when basic issues of safety and supervision are the essential issues. Daunna eloquently and painfully puts a spot light on the reality of adults with developmental disability. I am deeply grateful to Daunna and PBS [click here for the video] for  laying out the stark reality. Now politicians need to act and reorder our collective priorities so people are in fact put first.

 

Steps towards Making a Strategic Plan for Your Next IEP

The following is derived from several presentations that I have made over the last few years.  I follow these steps as a matter of course. It has been my experience that following these steps will significantly increase the potential of reaching successful outcomes for your student/child.

Special Education Directors Do You See Yourself?

This cartoon would be very funny if it were not so true. Maybe school personnel should check it and see themselves especially in this era of RtI.

Location App to Keep Students Safe and Sound

AbleLink Technologies today announced the release of Community Sidekick, an innovative iPhone application designed for individuals with special needs who wish to provide automated location updates to friends and family members as they travel in the community. Sidekick can provide travelers that sense of security that comes from knowing "someone is watching over you," as well as peace of mind to their caregivers.

 

Matt's Big Transition Success Story

A number of year ago I represented Matt as he fought for reimbursement and payment for PACE, a high quality transition program, run by the teaching university at National Louis in Skokie.  While we won a partial victory at hearing, Matt's and his family's dedication and his winning personality has allowed him to accomplish great things, as the video clip below shows. He is managing a local deli, has lots of friends, is an integral part of the community. He is even in a position to hire other students with special needs and has done so. What a  wonderful world when  all the pieces come together, in spite of the school system that had a very unformed and limited concept of transition programming. Hurrah for Matt, his family and all the dedicated staff at PACE that made this great outcome a reality! Here is a link for the video.