Monday, November 30, 2015

NEW Weekly Question!

According to Howard Zehr, "Restorative justice is a process to involve, to the extent possible, those who have a stake in the specific offense, and to collectively identify and address harms, needs, and obligations, in order to heal and put things as right as possible." Does restorative justice have a place in special education: re bullying, student discipline, remedies. etc? What do you think?

Tuesday, November 24, 2015

Lessons from the CADRE Symposium Part IV #Restorative Remedies


One of the things that I do is train hearing officers, mediators and state complaint investigators for state education departments. I also have a large network of fellow hearing officers, mediators and state complaint investigators. We often compare notes.

A matter that hearing officers and investigators often find challenging is fashioning appropriate remedies or relief in cases where the parent or student prevails. The hearing officer and investigator have broad power to fashion appropriate equitable relief when IDEA has been violated. Forrest Grove Sch Dist v. TA 557 U.S. 230, 129 S.Ct. 2484, 52 IDELR 151 (U.S.  6/22/9). However,  reimbursement requires balancing three factors, and compensatory education can be difficult to calculate when the parties rarely offer evidence of educational harm

Crafting a remedy is particularly difficult in cases involving procedural violations where compensatory education may not be called for or where reimbursement is not appropriate. Also the relief rarely affects the ongoing relationship issues that are so important when considering the future education of a child.

In a recent post (which you can review here), I described a great panel session at the CADRE Symposium last month that discussed Restorative Justice and its application to special education. One of the panelists on that panel was a state investigator who had issued a state complaint decision requiring the school district, that had failed to comply with IDEA discipline requirements, to provide training to its staff - including training on alternatives to traditional discipline- including restorative justice. The remedy was appropriate given the violation, and it is a creative way to address the problem.  You can and should read the state complaint investigator's decision here.

I believe that in the near future, you will see more hearing officers and investigators fashioning relief where the parents win that requires restorative justice in various ways, whether in conjunction with compensatory education or reimbursement or not.  Unlike other remedies, restorative remedies or training in restorative justice has the potential to help heal the relationship issues so often present in these cases. I believe that this would be a good thing for children with disabilities.

Have any of you seen other examples of restorative relief in a hearing officer decision or complaint investigator report? If you do come across other  decisions with this type of relief, please send them to me.

What do you think about restorative remedies?


Monday, November 23, 2015

NEW Weekly Question!

According to Howard Zehr, "Restorative justice is a process to involve, to the extent possible, those who have a stake in the specific offense, and to collectively identify and address harms, needs, and obligations, in order to heal and put things as right as possible." Does restorative justice have a place in special education: re bullying, student discipline, remedies. etc? What do you think?

Friday, November 20, 2015

Lessons From the CADRE Conference - Part III Restorative Justice #RJ

There were many excellent concurrent sessions at the amazing CADRE Symposium in Eugene, Oregon in October. In fact it was difficult to choose a session to attend because you would be missing other great sessions.

My favorite concurrent session, after my own, was a panel on the application of restorative justice to special education dispute resolution organized by my friend, John Inglish of the Oregon Department of Education. The panel did a great job. Although I will try to briefly summarize some key points here, but to get a better flavor for restorative justice and its application to special education dispute resolution, I strongly encourage to view the CADRE webinar video below on this topic.

According to Howard Zehr, "Restorative justice is a process to involve, to the extent possible, those who have a stake in the specific offense, and to collectively identify and address harms, needs,  and obligations, in order to heal and put things as right as possible."

Restorative justice replaces questions such as "what rules or laws have been broken" with "who has been hurt;"  "who broke the rules," and "what do they deserve" with "who has been hurt," "what do they need," and "who has the obligation to address the needs and put right the harm." The work of restorative justice is generally is done in a circle- involving the "offender," the "victim" and others who have an interest. The process has worked well in Native American cultures, as well as in our own Juvenile Justice system.

The panel explained the process and included a student and parent who used a restorative justice circle successfully and have now become advocates for the system. The panelists suggested that the use of restorative justice might have application in cases of bullying and of discipline of students with disabilities- two topics we all deal with daily.

In my next post, we will examine the panel's suggestion of the possible application to special education dispute resolution. This suggestion really has me excited!

You can view the session materials here. A video used by the presenters is available here. You can view the CADRE  webinar video  that preceded this session but covers some of the topics here.  You can read a transcript of the webinar here. The power-point accompanying the webinar is available here.

Thursday, November 19, 2015

Comparative Special Education Law: Scotland - Part I

At the CADRE Symposium in October, I met a special education mediator from Scotland, Morag Steven. She presented an interesting concurrent session. I always find comparative special education law to be fascinating. This is a powerpoint that she used during her presentation. This is her website.

She also agreed to be interviewed for this blog. Her answers to  the first few questions follow. The remainder of the interview will be posted next week:


1. Please tell our readers a little about your background and how you got into mediation and special education mediation.
In 1999 my first job after an extended period of being a full-time mum (one of my sons was born with complex and profound disabilities) was as Mediation Project Officer with a new organisation set up with direct funding from the Scottish Government: Enquire (www.enquire.org.uk) Enquire is the national information and advice service for additional support for learning/special education across Scotland. At this time the Scottish Government was thinking about introducing a dispute resolution framework into special education, and I was involved setting up the first pilot. I decided to take some basic mediation training myself - and have been practising as a mediator ever since then in many sectors including neighbour and community disputes, employment and workplace disputes, and equality issues. I gained an MSc in Mediation and Conflict Resolution (University of Strathclyde) in 2012, and my current work includes mediating professional complaints for the Scottish Legal Complaints Commission and also teaching mediation to newly qualified law graduates as part of the Diploma in Professional Legal Practice (required in Scotland in order to work as a lawyer). Interesting progression for someone who's not a qualified lawyer myself! But my real passion is special education mediation - and that's the majority of my work.

2. What are the special education laws like in Scotland?
Scotland is (still!) part of the UK, but since 1999 education is one area that has been devolved to the Scottish Government which means our education laws are a bit different from those in England. One major change was the Education (Additional Support for Learning) (Scotland) Act 2004 (amended 2009) which introduced the very broad concept of ASL to include every child/student who faces some sort of barrier to their learning. The Act also introduced a dispute resolution framework including independent mediation and third party review by the Additional Support Needs Tribunal Scotland. The Act was designed to strengthen parents' rights to request assessments, receive information and advice, be involved in planning support for their child/student, etc.
The (UK) Equality Act 2010 protects people from discrimination in the workplace and in wider society, and makes it unlawful for schools to discriminate against students because of their disability or other factors.
Getting It Right For Every Child (GIRFEC) is a major current policy to meet the Scottish Government's aspirational aim of 'making Scotland the best place in the world for our children and young people to grow up'. Aspects of this policy became statutory in the Children and Young People (Scotland) Act 2014.
As a non-lawyer, I feel that Scotland has robust legislation and policy; however getting these embedded into practice in schools has so far met with variable success. Policy writers often forget about the human factors!

Breaking: House-Senate Conference Committee Approves ESEA Framework #ESEA #NCLB

Today a House-Senate conference committee approved a framework for reautohrization of the Elementary and Secondary Education Act, One might say that No Child Left Behind has been left behind! (NOTE of personal {well not really privilege}: In working as a graduate assistant while obtaining my master's degree in public policy, I had to read hundreds of conference committee reports. Not great reading!). The very old law has a new name the "Every Child Succeeds Act." This replaces the house version "Student Success Act, " and the Senate version "Every Child Achieves Act." A rose by ant other name... {Insert your own joke about Congress here.}

Here are some quotes for the congressional education leaders: 

No Child Left Behind has been failing students, parents, teachers, and state and local education leaders for far too long, and today we took an important step in replacing this flawed law,” said Education and the Workforce Committee Chairman John Kline (R-MN). “But there is still work to be done. We now have to turn this framework into a final bill for our House and Senate colleagues to review. I am confident that once they do, they will see it as an opportunity to replace a failed approach to education with a new approach that will reduce the federal role, restore local control, and empower parents. We will continue to work with all of our colleagues in the House as we move this important process forward.”
“The winners today are 50 million children and 3 million teachers in 100,000 public schools,” said Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN). “Our action would restore to states, communities, and teachers the responsibility for improving student achievement. This is a bipartisan step forward to fix the No Child Left Behind law that everyone wants fixed. The United States Senate and House of Representatives should complete our work in December so that the president can sign it into law before the end of the year.”
“With today's vote by the conference committee to reauthorize the ESEA, we have moved closer to advancing the principles of Brown v. Board of Education, which said that the opportunity for a public education 'is a right which must be made available to all on equal terms,'” said Education and the Workforce Committee Ranking Member Bobby Scott (D-VA). “This agreement ensures that when achievement gaps are found, meaningful action will be taken to intervene and support the needs of students. It ensures that funds will continue to be directed to communities and give teachers and schools the resources they need to support all students. I look forward to the vote by the House and Senate that will send President Obama a bill that is indeed worthy of his signature.”
“Taking this next step to finally fix the broken No Child Left Behind law is great news for students, parents, teachers, and communities in my home state of Washington and across the country,” said Senator Patty Murray (D-WA), Ranking Member of the Senate Health, Education, Labor, and Pensions Committee. “I am proud that our agreement includes strong federal guardrails to ensure all students have access to a quality education, reduces reliance on high-stakes testing, makes strong investments to improve and expand access to preschool for our youngest learners, and so much more. I appreciate the hard work that so many Democrats and Republicans have put into this agreement, and I am optimistic that it can pass both chambers of Congress and get signed into law to help more students across the country get the chance to learn, grow, and thrive in the classroom and beyond.”

You can read a summary of the agreement here.

Tuesday, November 17, 2015

Breaking: Feds Issue New Guidance: IEPs Should Align With Grade-Level Standards #FAPE

The Office of Special Education and Rehabilitative Services of the U. S. Department of Education issued a new Dear Colleague Letter yesterday stating that IEPs must be aligned to a state's content standards for the grade in which the student is enrolled.

The guidance document states, "Research has demonstrated that children with disabilities who struggle in reading and mathematics can successfully learn grade-level content and make significant academic progress when appropriate instruction, services, and supports are provided. Conversely, low expectations can lead to children with disabilities receiving less challenging instruction that reflects below grade-level content standards, and thereby not learning what they need to succeed at the grade in which they are enrolled..."

"Based on the interpretation of “general education curriculum” set forth in this letter, we expect annual IEP goals to be aligned with State academic content standards for the grade in which a child is enrolled. This alignment, however, must guide but not replace the individualized decision-making required in the IEP process. In fact, the IDEA’s focus on the individual needs of each child with a disability is an essential consideration when IEP Teams are writing annual goals that are aligned with State academic content standards for the grade in which a child is enrolled so that the child can advance appropriately toward attaining those goals during the annual period covered by the IEP. In developing an IEP, the IEP Team must consider how a child’s specific disability impacts his or her ability to advance appropriately toward attaining his or her annual goals that are aligned with applicable State content standards during the period covered by the IEP. For example, the child’s IEP Team may consider the special education instruction that has been provided to the child, the child’s previous rate of academic growth, and whether the child is on track to achieve grade-level proficiency within the year."

The guidance does note that a small number of children with the most significant cognitive disabilities will continue to take the alternate assessment, and it state further "In a case where a child’s present levels of academic performance are significantly below the grade in which the child is enrolled, in order to align the IEP with grade-level content standards, the IEP Team should estimate the growth toward the State academic content standards for the grade in which the child is enrolled that the child is expected to achieve in the year covered by the IEP. In a situation where a child is performing significantly below the level of the grade in which the child is enrolled, an IEP Team should determine annual goals that are ambitious but achievable. In other words, the annual goals need not necessarily result in the child’s reaching grade-level within the year covered by the IEP, but the goals should be sufficiently ambitious to help close the gap. The IEP must also include the specialized instruction to address the unique needs of the child that result from the child’s disability necessary to ensure access of the child to the general curriculum, so that the child can meet the State academic content standards that apply to all children in the State."

You can read the entire guidance document here.


Monday, November 16, 2015

New Weekly Question!

How would you rate the quality of writing by professionals in the field of special education dispute resolution? What would you suggest to improve the quality of hearing officer decisions, state complaint investigator reports, mediation agreements, etc?

Sunday, November 15, 2015

Lessons From the CADRE Symposium - Part II #appreciative inquiry

This is the second post pertaining to lessons learned at the CADRE Symposium in Eugene, Oregon in October. As always the outstanding conference was a huge success.

It is amazing just how much information was available at this conference. Although I can hardly do it justice here, I wanted to take the time to do a few posts relating some of the educational materials that resonated with me. 

The first keynote speakers, Pru Sullivan and Miriam Novotny, addressed the topic of appreciative inquiry. The are very entertaining and dynamic speakers. I also attended their separate concurrent session.

Appreciative inquiry was a new concept for me. It involves a positive, appreciating component- valuing and appreciating strengths, as well as recognizing that our questions are vitally important (with our questions we make the world.) They spoke about the art of the question and about "preframing" or a positive reframe. They provided guidance on how to craft questions. (This portion of their presentations was very useful for mediators as well as others.)

But what really struck a chord with me was their idea that appreciative inquiry could be applied to IEP team meetings. They have experimented successfully with this concept. One key point here: they suggested that we focus on a child's strengths. One problem is that we tend to obsess about a child's "needs" which we equivocate with weaknesses or deficits.  A strength based approach might yield a better outcome of children with disabilities.

Now I can hear you saying - but the law...the law... And to be clear I am not advocating a radical departure from the way things are done. You still need present levels and everything else the regs say has to be in an IEP.

The point is, however, that we should maybe spend some more of our IEP team time on the child's strengths. Maybe a bit more  than the one sentence on the form about strengths.  What do you think?

Happy Thanksgiving

On this holiday, we pause to give thanks. Gratitude is an important factor in our happiness.  So give thanks and have a happy day.

To help us celebrate, our friends at the U S Census Bureau have provided these impressive Thanksgiving data:

In the fall of 1621, the Pilgrims — early settlers of Plymouth Colony — held a three-day feast to celebrate a bountiful harvest. This event is regarded by many as the nation’s first Thanksgiving. The Wampanoag Indians in attendance played a key role. Historians have recorded ceremonies of thanks among other groups of European settlers in North America. These include the British colonists in Virginia as early as 1619.
The legacy of thanks and the feast have survived the centuries, as the event became a national holiday 152 years ago (Oct. 3, 1863) when President Abraham Lincoln proclaimed the last Thursday of November as a national day of thanksgiving. Later, President Franklin Roosevelt clarified that Thanksgiving should always be celebrated on the fourth Thursday of the month to encourage earlier holiday shopping, never on the occasional fifth Thursday.

Where to Feast



117 million
Number of occupied housing units across the nation in the second quarter of 2015 — all potential stops for Thanksgiving dinner.
Source: U.S. Census Bureau, Housing Vacancies and Homeownership, Table 8
<http://www.census.gov/housing/hvs/data/histtabs.html>
4.5 million
Number of multigenerational households in the U.S. in 2014. It is possible these households, consisting of three or more generations, will have to purchase large quantities of food to accommodate all the family members sitting around the table for the holiday feast — even if there are no guests!
Source: 2014 American Community Survey, Table B11017
<http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_14_1YR_B11017&prodType=table>
4
Number of places in the United States named after the holiday’s traditional main course. Turkey Creek Village, La., was the most populous in 2014, with 443 residents, followed by Turkey Creek, Ariz. (412), Turkey City, Texas (396) and Turkey Town, N.C. (296). There are also 11 townships in the U.S. with “Turkey” in the name. (Please note that the Turkey Creek, Ariz., population total pertains to the 2009-2013 American Community Survey and is not statistically different from the population estimates of the other three places.)
Sources: U.S. Census Bureau, 2014 Population Estimates
<http://www.census.gov/popest/data/cities/totals/2014/index.html>
<http://www.census.gov/geo/maps-data/data/gazetteer.html>
U.S. Census Bureau, 2009-2013 American Community Survey
<http://factfinder.census.gov/bkmk/table/1.0/en/ACS/13_5YR/B01003/1600000US0477415>
7
Number of places and townships in the United States that are named Cranberry, a popular side dish at Thanksgiving. Cranberry township (Butler County), Pa., was the most populous of these places in 2014, with 30,170 residents. Cranberry township (Venango County), Pa., was next (6,546).
Sources: U.S. Census Bureau, 2013 Population Estimates and 2010 Census Summary File 1
<http://www.census.gov/popest/data/cities/totals/2014/index.html>
32
Number of counties, places and townships in the United States named Plymouth, as in Plymouth Rock, the landing site of the first Pilgrims. The two counties, both named Plymouth, are in Massachusetts (507,022) and Iowa (24,874).
Plymouth, Minn., is the most populous place, with 75,057 residents in 2014. There are two places in the United States named Pilgrim: one, a township in Dade County, Mo., had a population of 129; the other, a census designated place in Michigan, had a population of 36. And then there is Mayflower, Ark., whose population was 2,345, and Mayflower Village, Calif., whose population was 5,662.
Note: Townships have been included in these counts from 12 states (Connecticut, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Wisconsin) where the primary governmental or administrative divisions of a county serve as general-purpose local governments that can perform the same governmental functions as incorporated places. These county subdivisions are known as minor civil divisions, and the Census Bureau presents data for these in all products for which place data are provided.
(Please note that population totals for the two places on the list that are census designated places — Pilgrim, Mich., and Mayflower Village, Calif. — pertain to the 2009-2013 American Community Survey.)

Participants in the First Feast

24.4 million
Number of U.S. residents of English ancestry as of 2014. Some could very well be descendants of the Plymouth colonists who participated in the autumn feast that is widely believed to be one of the first Thanksgivings — especially the 655,000 living in Massachusetts.
Source: 2014 American Community Survey, Table B04006
<http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B04006>
6,500
Number of members of the Wampanoag American Indian tribal grouping, as of 2010, roughly half of whom reside in Massachusetts. The Wampanoag, the American Indians in attendance, played a lead role in this historic encounter, and they had been essential to the survival of the colonists during the newcomers’ first year. The Wampanoag are a people with a sophisticated society who have occupied the region for thousands of years. They have their own government, their own religious and philosophical beliefs, their own knowledge system, and their own culture. They are also a people for whom giving thanks was a part of daily life.
Sources: 2010 Census American Indian and Alaska Native Summary File, Table DP-1
<http://www.census.gov/population/www/cen2010/cph-t/t-6tables/TABLE%20(1).pdf >
American Indian Perspectives on Thanksgiving, National Museum of the American Indian
<http://nmai.si.edu/sites/1/files/pdf/education/thanksgiving_poster.pdf>

Preparing the Feast … Enjoying the Day … and the Aftermath

98.6%
Percentage of households in 2011 with a gas or electric stove — essential for cooking their Thanksgiving feast. Another 96.8 percent had a microwave, also helpful in preparing the meal.
Source: Extended Measures of Well-Being: Living Conditions in the United States: 2011,
Table 3 <http://www.census.gov/prod/2013pubs/p70-136.pdf>
98.3%
Percentage of households with a television in 2011. No doubt, many guests either before, after or perhaps even during the feast will settle in front of their TVs to watch some football.
Source: Extended Measures of Well-Being: Living Conditions in the United States: 2011, Table 3
<http://www.census.gov/prod/2013pubs/p70-136.pdf>
35.8%
Percentage of households with a stand-alone food freezer in 2011, which they may want to use to preserve their Thanksgiving leftovers. Far more (99.2 percent) have a refrigerator. Once all the guests leave, it will be time to clean up. Fortunately, 69.3 percent have a dishwasher to make the task easier.
Source: Extended Measures of Well-Being: Living Conditions in the United States: 2011, Table 3
<http://www.census.gov/prod/2013pubs/p70-136.pdf>

Culinary Delights

66,286
The number of supermarkets and other grocery (except convenience) stores in the United States in 2013. These establishments are expected to be extremely busy around Thanksgiving as people prepare for their delightful meals.
Source: U.S. Census Bureau, 2013 County Business Patterns, NAICS Code 44511
<http://factfinder.census.gov/bkmk/table/1.0/en/BP/2013/00A1//naics~44511>
3,235
The number of baked goods stores in the United States in 2013 — a potential place to visit to purchase tasty desserts.
Source: U.S. Census Bureau, 2013 County Business Patterns, NAICS Code 445291
<http://factfinder.census.gov/bkmk/table/1.0/en/BP/2013/00A1//naics~445291>
2,761
The number of fruit and vegetable markets in the United States in 2013 — a great place to find holiday side dishes.
Source: U.S. Census Bureau, 2013 County Business Patterns, NAICS Code 445230
<http://factfinder.census.gov/bkmk/table/1.0/en/BP/2013/00A1//naics~445230>
228 million
The forecast for the number of turkeys the United States will raise in 2015. That is down 4 percent from the number raised during 2014.
Source: USDA National Agricultural Statistics Service
<http://www.nass.usda.gov/Publications/Todays_Reports/reports/tuky0915.pdf>
40.0 million
The forecast for the number of turkeys Minnesota will raise in 2015. The Gopher State was tops in turkey production, followed by North Carolina (29 million), Arkansas (27 million), Indiana (19.1 million), Missouri (18 million) and Virginia (17.4 million).
Source: USDA National Agricultural Statistics Service
<http://www.nass.usda.gov/Publications/Todays_Reports/reports/tuky0915.pdf>
$24 million
The value of U.S. imports of live turkeys for 2014, with 100 percent of them coming from Canada. When it comes to sweet potatoes, the Dominican Republic was the source of 48.8 percent ($6.6 million) of total imports ($13.6 million). The United States ran a $16.5 million trade deficit in live turkeys during the period but had a surplus of $98.3 million in sweet potatoes.
Source: U.S. Census Bureau, Economic Indicators Division
<https://usatrade.census.gov/>
841 million pounds
The forecast for U.S. cranberry production in 2015. Wisconsin was estimated to lead all states in the production of cranberries, with 503 million pounds, followed by Massachusetts (estimated at 211 million). New Jersey, Oregon and Washington were also estimated to have substantial production, ranging from 18 million to 59 million pounds.
Source: USDA National Agricultural Statistics Service
<http://www.nass.usda.gov/Statistics_by_State/New_Jersey/Publications/Current_News_Release/Cran2015.pdf>
3.0 billion pounds
The total weight of sweet potatoes — another popular Thanksgiving side dish — produced by major sweet potato producing states in 2014.
Source: USDA National Agricultural Statistics Service
<http://www.nass.usda.gov/Data_and_Statistics>

Tuesday, November 10, 2015

Lessons From the CADRE Symposium - Part I #CADRE

I was able to attend the CADRE Symposium in Eugene, Oregon late last month.  This is the first of a series of posts on lessons learned at the Symposium.

This outstanding conference brings together practitioners in special education dispute resolution and thinkers, academics, advocates, lawyers and public agency representatives. The CADRE staff does a truly amazing job of putting together a conference. To paraphrase the great Yogi Berra: the conference was 90% inspiration and half great education about new ideas, promising practices and successful strategies.

The best thing about any CADRE conference is the people. I got a chance to catch up with old friends, network with new friends and to interact with a number of fun people. As always the CADRE staff were the true highlights of the conference- ensuring that all participants had a great experience. They are amazing people. It is also noteworthy that OSEP sent three very knowledgeable staff people who attended the entire conference and participated actively in many sessions. A fourth representative of OSEP was one of the keynote speakers.  The fact that the federal agency charged with administering IDEA participated so actively greatly enhanced the conference for most participants.

My sessions went very well. I want to thank all who attended the Professional Development Institute session on writing and the concurrent session providing a legal update. There was a lot of helpful participation  and insightful comments in both sessions. Thank you.

The posts to follow in this series will pertain to some of the lessons that I learned while at this Symposium. It may not be a substitute for actually attending the conference, but I can share some of the most significant information that I learned. Stay tuned.

Monday, November 9, 2015

New Weekly Question!

How would you rate the quality of writing by professionals in the field of special education dispute resolution? What would you suggest to improve the quality of hearing officer decisions, state complaint investigator reports, mediation agreements, etc?

Monday, November 2, 2015

New Weekly Question!

How would you rate the quality of writing by professionals in the field of special education dispute resolution? What would you suggest to improve the quality of hearing officer decisions, state complaint investigator reports, mediation agreements, etc?