Friday, January 27, 2012

Procdeural Safeguards - The Series Returns!

English: Cover for the Sustainable Business Bo...Image via Wikipedia

A lot of the work that I do in special education concerns procedural safeguards.  It is the heart of my work.  In the past we have run a series that explains in our usual excruciating detail, what procedural safeguards are all about.  Because of the importance of procedural safeguards to special education law, we will be running a revised and updated version of the series, beginning next week. If you would like to see something included, please let me know.

Also coming soon will be a mini-series on bullying of students with disabilities and IDEA. The issue of bullying is one of the current hot button issues in special education law.  There were a few really interesting court decisions and hearing officer decisions last year, and I expect this issue to continue to see lots of activity.  Let me know if you have any interest in the topic of bullying.  Also please let me know about any recent bullying cases in your area- they sometime slip through the cracks.

NOTE: some subscribers report that my blog platform erroneously sent a post from October again last week.  I'm sorry about that.  I didn't do it.  That's my story and I'm sticking to it!  Please let me know if it happens again.  Thanks.
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Monday, January 23, 2012

McMechen: Speed Trap!

English: Marcellus Shale bank along Rt 174 jus...Image via Wikipedia




OK so here in West Virginia, we are having a natural gas rush created by the Legislature's recent approval of the removal of natural resources from the Marcellus Shale deposit. As a result of this new gas rush, I could not find a motel in Moundsville for a recent hearing. Accordingly, I had to stay in Wheeling, to the North.

Therein lies the problem, squarely in between lies McMechen.  I had to pass McMechen twice each day of the three day hearing.  You would think that the story would more likely involve the venue of the hearing, the former state prison in Moundsville, a place so bad that the West Virginia Supreme Court of Appeals ruled was cruel and unusual punishment.

Yet McMechen stole the headlines.I thought the speed limit was 65 mph along the highway known as Route 2.  This seemed especially so in view of the many cars whizzing past me as I traveled along at a safe 55 mph.So it was to my great surprise when I was stopped by a very, very young police officer and issued a citation for traveling at 55 mph in a 50 mph zone.

So a warning to the traveler, if you must drive through the Northern panhandle of West Virginia, go slowly trough the speed trap also known as McMechen!


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Monday, January 16, 2012

King Day

Today we honor the memory of Dr. Martin Luther King, Jr.  He was a great American, and his message still resonates today.  In his later speeches, including his speech to the Memphis garbage workers just prior to his assassination, he focused increasingly on poverty and income inequality. 

But he was known primarily as a strong advocate against all forms of discrimination.  Disability discrimination is one of the topics that we frequently address on the pages of this blog.  On this day of reflection, here are some links to previous posts on the topic of disability discrimination:

http://specialeducationlawblog.blogspot.com/2010/08/disability-discrimination-part-i.html

http://specialeducationlawblog.blogspot.com/2008/05/maybe-not-disability-discrimination.html

http://specialeducationlawblog.blogspot.com/2010/09/big-changes-to-504-do-they-affect.html

http://specialeducationlawblog.blogspot.com/2011/10/is-fape-under-504-fape-lite.html

http://specialeducationlawblog.blogspot.com/2010/06/so-misunderstood-category-of-disability.html

http://specialeducationlawblog.blogspot.com/2009/08/tribute-to-senator-edward-m-kennedy.html

Tuesday, January 10, 2012

DOE Sends Annual IDEA Report to Congress

Seal of the United States Department of EducationImage via Wikipedia



Last month the United States Department of Education sent its annual report on the Individuals With Disabilities Education Act to Congress.  Because of the slow movement in all things government, the report is for 2008 and most of the data is for the 2005-2006 school year. Nothin' like staying current.

The report contains a wealth of information.  Here are some examples:

Among the key findings were:
  • In 2006, a total of 6,081,890 students ages 6 through 21 were served under IDEA, Part B. Of
    these students, 5,986,644 were served in the 50 states, the District of Columbia and Bureau of
    Indian Education schools. This number represented 9.1 percent of the general population ages
    6 through 21
  • In 2006, the largest disability category among students ages 6 through 21 served under IDEA,
    Part B, was specific learning disabilities (44.6 percent). The next most common disability
    category was speech or language impairments (19.1 percent), followed by other health
    impairments (9.9 percent), intellectual disabilities (8.6 percent) and emotional disturbance
    (7.5 percent)
  • In 2005, 88.4 percent of full-time equivalent personnel (other than special education
    teachers) who provided special education and related services for children and students ages
    3 through 21 served under IDEA, Part B, were fully certified
  • Children and students ages 3 through 21 who were served under IDEA, Part B, under the
    category of emotional disturbance had the highest rates of removal to an interim alternative
    educational setting by school personnel for drug or weapon offenses (0.49 percent) and by a
    hearing officer for likely injury to themselves or others (0.08 percent) in school year 2005–06, compared to children and students in all other disability categories 

Other items that caught my imagination were the following: In 2006, North Dakota served 68.9% of students classified as emotional disturbance inside the regular ed class more than 80% of the time whereas Hawaii served 19.8% of students classified as emotional disturbance inside the regular ed class more than 80% of the time. (Table 33).  In the same year Alabama served 7.6% of  students classified as emotional disturbance in a residential facility whereas Arizona served 0.3% of students classified as emotional disturbance in a residential facility.  (Table 33)  In school year 2005-2006, Pennsylvania and Wisconsin 57.7% of special ed students aged 3-21 graduated with a regular diploma whereas in the same school year in Louisiana 14.0%. (Table 36) For the 2005-2006 school year the percentage of special ed kids aged 3-21 expelled or suspended for more ten or more days in the school year was 2.81% in North Carolina and 0.04% in California, (Table 39)   I could go on! 

You can look up these and similar statistics for your state in the report.  Also the report contains a summary of research and evaluation conducted under IDEA provisions.

You can read the entire report here.
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Tuesday, January 3, 2012

Accommodations on Standardized Tests: GAO Study Finds No Strategic Enforcement by DOJ

Standardized TestImage by biologycorner via Flickr
I'll admit that I may have a bias against standardized tests, I don't like them much.I prefer essay tests where one can expound a bit.

In any event, standardized tests are used and are generally required for admission to college and to professional schools.  Most of us have taken them.

When students with disabilities take these standardized tests, they may be entitled to accommodations while taking the test.  This includes both IEP requirements as well as ADA requirements. 

A recent study by the federal watchdog, the Government Accountability Office, found that The Department of Justice lacks a strategic method of enforcement for its regulations concerning testing accommodations.  Merely investigating individual complaints is not sufficient the study concludes.

If you deal with standardized testing, you should review this study.  You can read the entire GAO study here.  You can review a fact sheet here. A general statement by GAO about this study can be found here.
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Sunday, January 1, 2012

Happy New Year!

FireworksImage via WikipediaAs the year turns, it's time for reflection and resolutions.So think back upon last year and get ready for the new one,  and most importantly chew the black-eyed peas carefully.


If anybody has a good special education resolution, we'd love to hear it. Please share.

To all of our loyal and fantastic readers, Happy New Year!
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Wednesday, December 21, 2011

Merry Christmas Everybody: Dreamin' of a White X-box; Lawyers, HOs & Reindeer!

Christmas in the post-War United StatesImage via Wikipedia








I was giving some thought to my Christmas message.  I will be spending the next ten days or so with my family, so I thought a big message would be impressive before I left.   I had even thought about writing a parody challenging the increasingly commercial nature of Christmas.  The possibilities were exciting...just imagine..."I'm Dreamin' of a White X-box"...  This could have been fun!

I had written parodies before.  Going back to high school when I penned "I've Got a Black Magic Marker" to that amazing Santana tune, "Black Magic Woman."  So there was some hope.  (Remember Cubs fan... delusional optimism..., etc.)

Luckily you were spared from this ordeal.  A colleague wrote a parody that is way better and shared it with me. The imagery is impressive.  But first the legal disclaimer:  this is not my work and the opinions expressed are solely those of the author. The characters are fictional and any resemblance to any person, living or dead, is purely coincidental.  No animals were harmed in the making of this post.  (I could go on all day, but for additional legalese, please see the permanent disclaimer on the lefthand side of the blog!)

Here is a new version of Twas The Night Before Christmas, with a distinct special education due process hearing flavor:

Twas the night before [insert holiday of your choice],
When all through the house
Not a creature was stirring
Just a hearing officer* and a mouse.
The exhibits were hung by the chimney with care
In hopes that some insight would soon be found there.

The HO family was nestled all snug in their beds
While visions of [insert holiday symbol of your choice] danced in their heads.
And the HO in her** jammies, with draft Findings in her lap,
Knew that the pesky decision due date would preclude a nice nap.

When out on the lawn there arose such a clatter
The HO sprang from her desk chair to see what was the matter.
Away to the window, the HO flew like a flash,
Tore open the shutters and threw up the sash!

The moon on the breast of the new-fallen snow
Gave the luster of  mid day to objects below.
When, what to the HO’s wondering eyes should appear,
But a miniature sleigh and eight attorneys (those dears!)

With a mind like a steel trap, so lively and quick,
The HO knew in a moment it must be a trick!
More rapid than eagles those attorneys they came
And the HO whistled, and shouted, and called them by name!
“Now Susan!  Now Mary!  Now Lisa ! (and other vixen)
Now William! Now James! Now Robert!  (but no one named Blitzen)
To the top of the porch! To the top of the wall!
Now dash away! Dash away! Dash away all!

As dry leaves that before the wild hurricane fly,
When they meet with an obstacle, mount to the sky.
So up to the house-top the attorneys they flew,
With a sleigh full of extension requests, and legal arguments too.

And then, in a twinkling, the HO heard on the roof
The prancing and pawing of each little attorney hoof.
As the HO drew in her head, and was turning around,
Down the chimney the attorneys came with a bound.

They were dressed all in business suits, from their heads to their foot
And their clothes were all tarnished with ashes and soot.
A bundle of extension requests they had flung on their back,
And they looked like a peddler, just opening her pack.

Their eyes-how they twinkled! Their dimples, how merry!
Their cheeks were like roses, their noses like cherries!
Their droll little mouths were drawn up like a bow,
And the pallor of their faces was as white as the snow.

The remnants of an adult beverage they swished around in their teeth,
As the alcohol vapors encircled their heads like a wreathe.
Their sweet earnest faces and flat little belly,
Were covered with ashes and soot, but yet not the least bit smelly!

They were cordial and amicable, exuding great class and great wealth,
At the pinnacles of their careers, the picture of health!
A wink of an eye and a twist of a head,
Soon gave the HO to know she had nothing to dread.

The attorneys spoke not a word, but returned straight to their work,
Engaging in “consensual rescheduling”, then turning with a jerk
They struck a compelling, attorney-like pose,
Then gave a nod to the HO, and up the chimney they rose!

They sprang to their sleigh, to the team gave a whistle
And away they all flew like the down of a thistle.
But the HO heard them exclaim, ‘ere they drove out of sight,
We all want extensions, dear HOs, so for the HOs……….
A Good Night!

·         *The generic use of “HO”, rather than a name, is used to protect the confidentiality of the HO.
·         ** It is this Author’s preference to use the pronoun “she” or “her” rather than to engage in the cumbersome she/he, her/him dichotomy or to succumb to the traditional, sexist use of “him”.
    http://specialeducationlawblog.blogspot.com/2008/12/merry-christmas.html       http://specialeducationlawblog.blogspot.com/2010/12/christmas-message-true-story.html


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