Special Education Law Blog

Forest Grove Case an Argument for Mediation

The Forest Grove, a case that went up to the U.S. Supreme Court and was decided for the parents, and remanded back to the lower courts for more adjudication, has finally resulted in a ruling for the school district. The 9th Circuit ruled that the student was placed in a residential placement for drug use which is a "non-educational need."   Download 0461_0001. 

I have trouble with this decision because many students who have not had their educational needs met or even evaluated, resort to drugs and that frequently is not the cause of the their educational issues. Even  more troubling is the magnitude of the fees expended on both sides so that there really is no winner in this case.  I imagine if the district had been willing to bend a little in mediation, reasonable parents and their attorney could have reached a compromise without spending over $750,000 in fees collectively for both sides

A New Bill Introduced in Congress Attempts to Combat Bullying

A congresswoman out of California introduced the Safe Schools Improvement Act during the week of April 11, the measure is meant to combat bullying. The Safe Schools Improvement Act (SSIA) would amend the Elementary and Secondary Education Act to require schools and districts receiving federal funds to adopt codes of conduct specifically prohibiting bullying and harassment, the bill would also require schools to collect data on incidents of bullying.  The SSIA would also require that states report data on bullying and harassment to the Department of Education.  Additionally, the SSIA would require that school districts establish and monitor performance indicators for the prevention of bullying and would have to inform parents of who in the district is designated to deal with reports of bullying. 

Bullying is an issue that we are seeing frequently in our office. Students have required hospitalization for the physical and mental health ramifications of bullying. It is an issue that schools are often ill-equipped or unwilling to handle. With the reason string of bullying-induced suicides this is a vital issue. The bullying seems to be occurring based on real or perceived differences including a disability. The SSIA would provide accountability for the schools who are often not doing enough to stem the tide of bullying. 

 

 

IDEA Fairnes Restoration Act Call in on Wednesday, May 4, 2011

From COPAA, please email and call and make your voice heard.

CALL/EMAIL CONGRESS TO COSPONSOR

IDEA FAIRNESS RESTORATION ACT, WEDNESDAY, MAY 4, 2011

Bullying In Class, On Playgrounds and Online: Schools Still Out of Touch

The Office for Civil Rights recently provided guidance on when bullying can rise to the level of a federal civil rights violation. Discrimination based on disability status was a topic covered in the OCR letter. Section 504 of the Rehabilitation Act and the Americans with Disability Act (ADA) prohibit disability-based discrimination. The recent OCR letter outlines several examples of harassment and discrimination, here is just one example and the letter's response: 

Several classmates repeatedly called a student with a learning disability "stupid," "idiot," and "retard" while in school and on the school bus. On one occasion, these students tackled him, hit him with a school binder, and threw his personal items into the garbage. The student complained to his teachers and guidance counselor that he was continually being taunted and teased. School officials offered him counseling services and a psychiatric evaluation, but did not discipline the offending students. As a result, the harassment continued. The student, who had been performing well academically, became angry, frustrated, and depressed, and often refused to go to school to avoid the harassment.

In this example, the school failed to recognize the misconduct as disability harassment under Section 504 and Title II. The harassing conduct included behavior based on the student's disability, and limited the student's ability to benefit fully from the school's education program (e.g., absenteeism). In failing to investigate and remedy the misconduct, the school did not comply with its obligations under Section 504 and Title II. 

This is just one example of the type of discrimination that is occurring in schools across the country. Bullying is an issue that we hear about from parents far too often. It is important that parent's and student's understand their rights and that schools are held accountable for turning a blind eye. A critical element of establishing responsiblity is for the parent to write to adminstrative staff who have the power and control to make meaningful changes and after being informed failed to take reasonable actions.  It is also important for parents to review and know the bullying and harassment policies for the school/district.

Fortunately President Obama has brought the power of the presidency to this issue. Many schools that I see, however, are in a profound state of denial when it comes to bullying. I have even had a few schools who meet parents' cliams of bullying with bullying conduct of their own to squelch advocacy on this topic. We should mark the just passed "Columbine" anniversary with more action especially since bullying is still so prevalent in our schools.

 

Can We Now Remove the Stigma of Bipolar Disorder?

Recent revelations by stars such as Catherine Zeta-Jones and Demi Lovato have put Bipolar disorder in the news. Both women bravely spoke out about their struggle with the disorder, which is often mischaracterized and misunderstood. Catherine Zeta-Jones publicly announced her battle with the disorder recently, however in recent days her husband Michael Douglas revealed to Oprah that she came out with the story for fear of being "outed" by another patient in the treatment program. No matter what her reasons were for disclosing her diagnosis, it sheds a light on the disease that  brings on highs and lows with periods of mania and depression, all varying depending on the person. Bipolar disorder impacts approximately 5.7 million Americans and the symptoms and treatment vary person to person. Bi-polar is one of the diagnosises that have grown exponentially over the last 20 years. In fact, the new DSM-V is creating a new diagnosis (Temper dysregulation with dysphoria) to specifically target bi-polar disorder in young people. With celebrities bringing their struggles to the public, it is a good opportunity to open the conversation and understand mental health issues and begin to remove the stigma.

 

Brain Interface Controlling Computers

While I am not ready to start implanting electrodes into my brain to speed up my slow typing or to assist my son's computer interface, technology is advancing that would make brain-based control of the computer a reality. Here is a current article on new advances in brain interface control of the computer.

Autism Series is Another Compelling Reason to Support Public Television

With all the talk about cutting funding and especially for public television and radio, the recent series that Robin McNeil has been hosting on autism is reason enough to support this programming with political support.  He tells part of the story from a first person point of view as the grandfather of a grandson with autism, which makes the series more compelling and poignant. However,  not everyone is thrilled with the coverage and Mr. McNeil's portrayal of people with autism.

For me Sesame Street and all the arts programming should be enough of a justification, but as a special education attorney and parent of a child with special needs, I felt truly affirmed and gratified to see the quality and scope of the discussions on public television.

We live in a sound-bite society but unfortunately autism and issues surrounding special education do not lend themselves to 20 second clips, if the greater society is going to have any real understanding of the issues affecting families, people with autism and with disabilities generally. This series of programs are worth it and should be shown to Congress the next time there is thought of cutting special education funding, funding for autism research and public television which creates a unique forum to delve into comlicated topics. Here is  the link to this programming.

U.S. Supreme Court Seeks Opinion from Justice Department on Child Find Issue

The Supreme Court asked the Obama administration early this week for its views on whether a parent may bring a negligence claim against a school district that allegedly failed to identify a student's disabilities. In the case out of California, the 9th circuit recently ruled that there was a broad jurisdictional mandate under IDEA, the federal special education law, and that in the case there was "willful inaction" on the district's part in the face of numerous "red flags" about the student's disabilities. 

The case involves a student out of Compton, when the student was in 10th grade, her teachers expressed concerns that her work was "gibberish and incomprehensible" and that she was not passing her classes. The school district referred the girl to an outside counselor and she was referred for an evaluation for possible learning disabilities. In this case, the district did not follow the recommendation, and it promoted the girl to the 11th grade. The mother then formally requested an IEP and that the student be found eligible under LD. 

The mother brought a claim under the IDEA. She argued that the school district failed to meet IDEA's "child find" requirement. An administrative law judge largely sided with the family, ordering as much as 150 hours of compensatory tutoring for the girl's lost educational opportunities and failure to make progress. 

Apple Highlighting Disability Apps

Apple is spotlighting the increasing number of apps meant for  individuals with special needs with a featured special education section in its App Store. The section titled “Special Education” launched late last week and includes 72 applications for the iPhone and 13 applications for the iPad in 10 categories ranging from communication to emotional development and life skills, according to Trudy Muller, an Apple spokeswoman.

These apps can be used on all Apple products including the iPad which is increasingly being used in the school setting. These applications in conjunction with the devices themselves increase student's abilities to communicate and access the curriculum and make the meaningful progress intended by IDEA. 

Systematic Study of Autism Treatments shows Minimal Support for the use of Drugs as Treatment

A new study from the journal Pediatrics, the official journal of the American Academy of Pediatrics, indicated that while medication is often used to treat children with autism, “strikingly little evidence” exists to support the approach. That conclusion stems from an analysis of 10 years worth of studies on the use of antipsychotics and other drugs in treating children with autism.“Most of the medical interventions that are currently being applied for children with ASDs have insufficient strength of evidence to evaluate either their potential benefit or adverse effects,” wrote researchers from Vanderbilt University.

The strongest evidence in support of the use of medication for kids who have autism comes from studies funded by pharmaceutical companies who stand to profit, the review found. However, two drugs did stand out in the analysis. Studies suggest that risperidone and aripiprazole, both help to counteract challenging behaviors. But, it must also be noted that the drugs carried significant side effects — such as weight gain and drowsiness — making them useful to only those with the most extreme symptoms. Also, a look at the the use of secretin to treat autism-related gastrointestinal issues suggests the approach is ineffective and does not warrant further research.

This study sheds more light on the companies and medical personnel who are trying to sell a simple solution for the complex problem that is autism. As has been mentioned in prior posts much like the autism spectrum with its many facets and caveats, the treatments that work for any individual child and the ways in which they work are always different.