Breaking: Feds Issue Guidance on Students with ADHD and §504 #ADHD #§504

The U.S. Department of Education’s Office for Civil Rights (OCR) on Tuesday issued guidance clarifying the obligation of schools to provide students with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunity under Section 504 of the Rehabilitation Act of 1973.

guidance provides a broad overview of Section 504 and school districts’ obligations to provide educational services to students with disabilities, including students with ADHD. The guidance:

• Explains that schools must evaluate a student when a student needs or is believed to need special education or related services.
• Discusses the obligation to provide services based on students’ specific needs and not based on generalizations about disabilities, or ADHD, in particular. For example, the guidance makes clear that schools must not rely on the generalization that students who perform well academically cannot also be substantially limited in major life activities, such as reading, learning, writing and thinking; and that such a student can, in fact, be a person with a disability.
• Clarifies that students who experience behavioral challenges, or present as unfocused or distractible, could have ADHD and may need an evaluation to determine their educational needs.
• Reminds schools that they must provide parents and guardians with due process and allow them to appeal decisions regarding the identification, evaluation, or educational placement of students with disabilities, including students with ADHD.

In addition to the guidance, the Department also released a Know Your Rights document that provides a brief overview of schools’ obligations to students with ADHD.

You can review the 42 page guidance document here. A press release concerning the guidance is available here.

Breaking: Feds Issue Guidance on Homeless Children #HomelessChildren

The U.S. Department of Education yesterday released guidance to states and school districts on the new provisions in the Every Student Succeeds Act (ESSA) for supporting homeless youth. The new provisions address the needs of homeless individuals, and ensure educational rights and protections for homeless children and youth. The guidance released today will assist state and local partners in understanding and implementing the new law in order to better protect and serve homeless students and help schools in providing these students with much needed stability, safety, and support. The guidance was informed by the input of a diverse group of stakeholders to best address the needs of homeless youth.

During the 2013-14 school year, more than 1.3 million homeless children and youth were enrolled in public schools. Research shows that these students experience significant academic, social, and socio-emotional challenges, and that being homeless is associated with lower school achievement and increased risk of dropping out of school. In addition, students who experience high mobility and attend many different schools over the course of their education often slip academically with each move. Recognizing these challenges, this guidance offers technical assistance on promising practices for helping homeless youth through the implementation of homeless education requirements at the State and local levels, focusing particular attention on changes under ESSA.

You can review the press release here.  You can read the guidance document here. Related guidance is available here.

ADA Turns 26 Years Old #ADA

The Americans With Disability Act was signed into law on July 26, 1990. Happy Birthday ADA! This important law prohibits discrimination against people with disabilities in employment, transportation, public accommodations, commercial facilities, telecommunications, and state and local government services.

To celebrate, here are some interesting facts and numbers from our friends at the Census Bureau:

Population Distribution

56.7 million

The number of people in the United States in 2010 with a disability, according to the Survey of Income and Program Participation

People with disabilities represented 19 percent of the civilian noninstitutionalized population. People with a disability have a physical or mental impairment that affects one or more major life activities, such as walking, bathing, dressing, eating, preparing meals, going outside the home or doing housework. A disability can occur at birth or at any point in a person’s life. Source: Americans With Disabilities: 2010 <http://www.census.gov/prod/2012pubs/p70-131.pdf

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15.7 million

The number of people age 65 and older with at least one disability, according to data collected from the American Community Survey  from 2008 to 2012, which makes up 39 percent of the population in this age group. Of this group, two-thirds had difficulty in walking or climbing stairs. The second-most cited disability was difficulty with independent living, such as visiting a doctor’s office or shopping. Source: Older Americans With a Disability: 2008-2012  

<http://www.census.gov/content/dam/Census/library/publications/2014/acs/acs-29.pdf

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19.9%

The percentage of the civilian noninstitutionalized population in West Virginia in 2014 with a disability — the highest rate of any state in the nation. Utah, at 9.6 percent, had the lowest rate. Source: 2014 American Community Survey, Table GCT1810 <http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/GCT1810.US01PR

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28.1%

The percentage of the civilian noninstitutionalized population in Pike County, Ky., in 2014 with a disability — among the highest rate in the nation among counties with populations of 65,000 or more. Loudoun County, Va., at 5.5 percent, had among the lowest rates. Source: 2014 American Community Survey, Table GCT1810 <http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/GCT1810.US05PR

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23.2%

The percentage of the civilian noninstitutionalized population in The Villages (CDP), Fla., in 2014 with a disability — among the highest rates in the nation among places with populations of 65,000 or more. San Ramon, Calif., at 4.3 percent, had among the lowest rates. A place is a city, town, village or borough, either legally incorporated or not. Source: 2014 American Community Survey, Table GCT1810 <http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/GCT1810.US13PR

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Services for Those With Disabilities

2,833

The number of business establishments providing special needs transportation in 2012, up 20.7 percent from 2,347 in 2007. Such businesses may use specially equipped vehicles to provide passenger transportation. These businesses employed 61,605 people in 2012 and generated revenues of $3.5 billion. Employment was up 24.0 percent and revenues increased 27.7 percent since 2007. Source: 2012 and 2007 Comparative Economic Census Geographic Area Series (NAICS485991

) <http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/48A2//naics~485991

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14,060

The number of business establishments that provided pet care (except veterinary services) in 2012. These businesses generated revenues of $3.4 billion. Among these businesses are those that train assistance dogs. Source: 2012 and 2007 Comparative Economic Census Geographic Area Series (NAICS 812910

) <http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/81A2//naics~812910

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25,964

The number of business establishments providing services for the elderly and people with disabilities in 2012. These businesses employed 901,359 workers and generated $34.1 billion in revenues. In 2007, there were 20,433 such establishments, employing 621,545 people and producing $25.3 billion in revenues. These establishments provide for the welfare of these individuals in such areas as day care, nonmedical home care or homemaker services, social activities, group support and companionship. Source: 2012 and 2007 Comparative- Economic Census Geographic Area Series (NAICS 624120

)  <http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62A2//naics~62412

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7,832

The number of business establishments providing vocational rehabilitation services in 2012; these businesses employed 312,659 people and generated revenues of $12.4 billion. In 2007, there were 7,631 such establishments, employing 303,713 people and producing revenues of $11.5 billion. These businesses provide job counseling, job training and work experience to people with disabilities.Source: 2012 and 2007 Comparative Economic Census Geographic Area Series (NAICS 624310

)<http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/62A2//naics~624310

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2,344

The number of business establishments providing translation and interpretation services in 2012; these businesses employed 24,926 people and generated revenues of $4.2 billion. In 2007, there were 1,975 such establishments, employing 14,546 people and producing revenues of $1.9 billion. Among these businesses are those that provide sign language services. Source: 2012 and 2007 Comparative Economic Census Geographic Area Series (NAICS 541930

)<http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/54A2//naics~541930

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3,597

The number of business establishments providing home health equipment rental in 2012, down 4.4 percent from 3,762 in 2007. Such businesses rent home-type health and invalid equipment, such as wheelchairs, hospital beds, oxygen tanks, etc. These businesses employed 33,935 people in 2012 and generated revenues of $5.4 billion. Employment was up 2.8 percent while revenues decreased 7.8 percent since 2007. Source: 2012 and 2007 Comparative Economic Census Geographic Area Series (NAICS 532291

) <http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/53A2//naics~532291

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Specific Disabilities

Note: All data in this section come from Americans With Disabilities: 2010

, which contains data from the Survey of Income and Program Participation

. 

· 7.6 million: Number of people age 15 and older in 2010 who had a hearing impairment. Among people 65 and older, 4 million had hearing impairments.

· 8.1 million: Number of people age 15 and older in 2010 with vision impairment.

· 30.6 million: Number of people age 15 and older in 2010 who had movement impairment, such as walking or climbing stairs.

· 3.6 million: Number of people age 15 and older in 2010 who used a wheelchair. This compares with 11.6 million people who used canes, crutches or walkers.

· 2.4 million: Number of people age 15 and older in 2010 who had Alzheimer’s disease, senility or any form of neurocognitive disorders.

· 12.0 million: Number of people age 15 and older in 2010 who required the assistance of others in order to perform one or more basic or instrumental activities of daily living, such as bathing, dressing, doing housework and preparing meals.

 Older People With a Disability

Note: The source for the data in this section is Older Americans With a Disability: 2008-2012

, which contains data from the 2008 to 2012 American Community Survey

.

25.4%

The percentage who were age 85 and older with a disability among the population age 65 and older, according to the 2008-2012 American Community Survey.  

More than One-Third

The proportion of people age 85 and older with a disability who lived alone, compared with one-fourth of those age 65 to 74, according to the 2008-2012 American Community Survey.

54.4%

The percentage of the older population who had not graduated from high school and had a disability, twice the rate of those with a bachelor’s degree or higher (26.0 percent), according to the 2008-2012 American Community Survey.

12.6%

The percentage of older Americans living in a household with a disability living in poverty, compared with 7.2 percent of older household population without a disability, according to the 2008-2012 American Community Survey. 

Earnings

$21,232

Median earnings in the past 12 months for people with a disability. This is 68 percent of the median earnings, $31,324, for those without a disability. (Both figures pertain to the civilian, noninstitutionalized population 16 years and older, with earnings in the past 12 months.) Source: 2014 American Community Survey, Table B18140 <http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B18140

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Mobility

Note: The source for the data in this section is Desire to Move and Residential Mobility: 2010-2011

, a report which uses data from the Survey of Income and Program Participation

.

12.5%

The percentage of householders with a disability who desired to move to another residence, higher than the corresponding figure of 8.2 percent for those without a disability. Those with mental disabilities were the most likely to desire to move (20.6 percent).

17.3%

The percentage of householders with a disability who desired to move to another residence and actually did so over a one-year period. 

9.3%

The percentage of all householders with a disability who moved to another residence over a one-year period.  

Weekly Question!

What questions about special education should we ask the major party candidates for President? #Education Politics

Sometimes My Job Is Pretty Cool - Part II #Where is JG?

Sometimes My Job Is Pretty Cool - Part I #WhereIsJG

Weekly Question!

What questions about special education should we ask the major party candidates for President? #Education Politics

Procedural Safeguards - The Series Part I #ProceduralSafeguards

This is the first installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With Disabilities Education Act.  I work a lot in this area, so it is near and dear to my heart.  Despite the importance of procedural safeguards. however, many issues in this area are misunderstood.  I hope that all of the different types of special education stakeholders who read this blog find the information in this series helpful. (NOTE: unless otherwise specified, I will be talking about procedural safeguards under Part b and not Part C of the Act.)

Procedural safeguards are extremely important under our system of special education.  In the first United States Supreme Court decision interpreting the predecessor of theIndividuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq (hereafter sometimes referred to as the “IDEA”), the Court stressed the importance of procedural safeguards in the statutory system adopted by the Congress, noting that the procedural safeguards gave parents a “large measure of participation at every stage of the … process.”  Board of Educ., Hendrick Hudson Central Sch. Dist. v. Rowley, 455 U.S. 175, 102 S.Ct. 3034, 3038 and 3049, 553 IDELR 656 (1982).  The court went on to emphasize that compliance with the Act’s procedural safeguards is a critical component of a free appropriate public education. Rowley, supra 102 S.Ct. at 3051.

More recently, the Supreme Court rejected an argument that school districts should have the burden of persuasion due to an advantage in information.  The Court reasoned that Congress had leveled the playing field by requiring school districts to share information and protect the rights of parents by adopting the extensive system of procedural safeguards contained in the IDEA. “Schaffer v. Weast 546 U.S. _____,_____, 126 S.Ct. 528, 44 IDELR 150 (2005).

Section 615 of the IDEA is entitled “Procedural Safeguards,” and most procedural safeguards for parents are contained in that section.  However, some procedural safeguards are found in other sections of the Act or in the federal regulations.  In addition to the required Notice of Procedural Safeguards, Section 615(d), there are a number of specific procedural safeguards.  The specific procedural safeguards include the following: independent educational evaluation , Section 615 (b)(1) and 34 C.F.R. Section 300.502;  prior written notice, sections 615(b)(3)-(4) and (c)(1); informed parental consent, Section 614 (a)(1)(D); access to educational records, Section 615(b)(1); state complaints, 34 CFR Section 300.151, et seq; mediation, Section 615(e); child’s placement during a challenge or “stay put,” Section 615 (j); procedures for an interim alternative education, Section 615 (k); unilateral placement in private school when FAPE in issue, Section 612 (a)(10)(C); due process hearings, Section 615 (f); if a two tiered system, state appeals, Section 615 (q); civil actions appealing a due process decision, Section 615 (q); and attorneys’ fees, Section 615 (i)(C)(3).

Weekly Question!

What questions about special education should we ask the major party candidates for President? #Education Politics

Happy Independence Day

Happy Independence Day!

 The Fourth of July is a big holiday for our country, and these days we really need a big holiday. I have always loved this day; what other country believes in an inalienable right to pursue happiness! Independence Day is also a time to reflect on the concept of independence. Independence Day is also a time to reflect on the concept of independence. 

For people with disabilities, independence is an important goal. Congress has stated that encouraging independent living for people with disabilities is the policy of the United States government. IDEA, Section 601(c). Indeed, one of the purposes of special education is to prepare children with disabilities for independent living. IDEA, Section 601(d)(1)(A). 

Before passage of the EHA, the predecessor of the IDEA, in 1975, education of children with disabilities, who were then called "handicapped," was iffy at best. According to the legislative history of the EHA, which is quoted in the seminal Rowley decision by the Supreme Court, millions of children with disabilities were then either totally excluded from school or were warehoused until they were old enough to drop out. Bd. of Education v. Rowley, 458 U.S. 176, 191, 103 LRP 31848 (1982). At the time, it was estimated that of the eight million children who required special education, only about 3.9 million were receiving an appropriate education. Bd. of Education v. Rowley, 458 U.S. 176, 191, 103 LRP 31848 (1982). 

These numbers are shocking. 1975 was not long ago. Yet we have made real progress since then. Special education may have its detractors, but it is now widely accepted. Very few children with disabilities are now excluded from school. Some still do not receive an appropriate education, but there are now remedies available when that happens. We have come a long way!

I realize that we are not finished.  But as we look forward on this Independence Day to how we can do a better job of educating children with disabilities and preparing them to live independently, let us also look back for a moment and congratulate ourselves on the excellent progress we have made in what in public policy terms is truly a very short time. 

To help us celebrate, here are some fun facts from our friends at the Census Bureau:

On July 4, 1776, the Continental Congress approved the Declaration of Independence, setting the 13 colonies on the road to freedom as a sovereign nation. This most American of holidays will be marked with typical festivities ranging from fireworks, parades and concerts to more casual family gatherings and barbecues across the country.

2.5 million

In July 1776, the estimated number of people living in the newly independent nation. Source: Historical Statistics of the United States: 1789-1945 <http://www2.census.gov/prod2/statcomp/documents/HistoricalStatisticsoftheUnitedStates1789-1945.pdf

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321.4 million   

The nation’s estimated population on July 4 last year. Source: U.S. and World Population Clock <http://www.census.gov/popclock/

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The Signers

56

The number of signers to the Declaration of Independence. Benjamin Franklin, John Adams, Thomas Jefferson, Roger Sherman and Robert R. Livingston comprised the Committee of Five that drafted the Declaration. Jefferson, regarded as the strongest and most eloquent writer, wrote most of the document.

It is also worth noting that:

·        John Hancock, President of the Second Continental Congress, was the first signer, and a merchant by trade. In 2014, there were 7.6 million business establishments with paid employees in the U.S.; 1.1 million, like Hancock, were in the retail trade industry. Source: 2014 County Business Patterns <http://factfinder.census.gov/bkmk/table/1.0/en/BP/2014/00A1//naics~00|44-45

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·        Benjamin Franklin, who represented Pennsylvania, was the oldest of the signers at age 70. Franklin County, Pa., had an estimated population of 153,638 as of July 1, 2015. Edward Rutledge, of South Carolina, was the youngest at age 26. Source: 2015 Population Estimates, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2015 <http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/0500000US42055

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·        Two future presidents signed, John Adams (second President) and Thomas Jefferson (third President). Both died on the 50th anniversary of signing the Declaration (July 4, 1826). There are 12 counties nationwide named Adams and 26 named Jefferson. Source: 2015 U.S. Gazetteer Files <http://www.census.gov/geo/maps-data/data/gazetteer.html

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·        Robert Livingston, who represented New York, was on the Committee of Five that drafted the Declaration of Independence but was recalled by his state before he could sign it. Livingston County, N.Y., was home to an estimated 64,717 people as of July 1, 2015. Source: 2015 Population Estimates, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2015 <http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/0500000US36051

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·        Representing Georgia in 1776 were Button Gwinnett, Lyman Hall and George Walton. Gwinnett County, Ga. (895,823); Hall County, Ga. (193,535); and Walton County, Ga. (88,399) were named for these signers. Source: 2015 Population Estimates, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2015 <http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/0500000US13135|0500000US13139|0500000US13297

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·        Charles Carroll, who represented Maryland, was the last surviving signer of the Declaration. He died in 1832 at the age of 95. Carroll County, Md., named for him, had an estimated population of 167,627 as of July 1, 2015. Source: 2015 Population Estimates, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2015 <http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/0500000US24013

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·        Roger Sherman, who worked as a land surveyor and lawyer, represented Connecticut. In 2014, there were an estimated 30,688 surveyors, cartographers and photogrammetrists employed full time, year-round, and 861,223 lawyers employed full time, year-round nationwide. Source: 2014 American Community Survey, B24124 <http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B24124

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·        Nelson County, Va. (14,785) and Wythe County, Va. (29,119) were named for two of the six signers who represented the state of Virginia — Thomas Nelson Jr. and George Wythe. Source: 2015 Population Estimates, Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2015 <http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/0500000US51125|0500000US51197

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And the Rockets’ Red Glare

$311.7 million

The value of fireworks imported from China in 2015, representing the bulk of all U.S. fireworks imported ($324.8 million). U.S. exports of fireworks, by comparison, came to just $12.7 million in 2015, with Singapore purchasing more than any other country ($4.6 million). Source: International Trade Statistics, Code 360410 <https://usatrade.census.gov/

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$368.6 million

The dollar value of fireworks sales by retailers in 2012. Source: 2012 Economic Census <http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/44SLLS1//naics~ALL-44-45/prodsvc~20874

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$482.6 million

The dollar value of fireworks and firecrackers sales by wholesalers in 2012. There were 172 wholesalers who sold these items in 2012. Source: 2012 Economic Census <http://factfinder.census.gov/bkmk/table/1.0/en/ECN/2012_US/42SLLS1//prodsvc~12815>  

You’re a Grand Old Flag

$4.4 million

The dollar value of U.S. imports of American flags in 2015. The vast majority of this amount ($4.3 million) was for U.S. flags made in China. Source: International Trade Statistics, Code 6307909825<https://usatrade.census.gov/

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$3.1 million

The dollar value of U.S. flags exported in 2015. Mexico was the leading customer, purchasing $2.4 million worth. Source: International Trade Statistics, Code 6307909825 <https://usatrade.census.gov/

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This Land Is Your Land

33

The number of counties and census incorporated places that contain the word “liberty” in the name. Of the 33 places, four are counties: Liberty County, Ga. (62,467); Liberty County, Fla. (8,331); Liberty County, Mont. (2,408); and Liberty County, Texas (79,654). Sources: 2015 U.S. Gazetteer Files andAnnual Estimates of the Resident Population: April 1, 2010 to July 1, 2015, Table PEPANNRES

<http://www.census.gov/geo/maps-data/data/gazetteer.html

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<http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/0500000US12077|0500000US13179|0500000US30051|0500000US48291

>

1

The number of incorporated places that has “patriot” in its name: Patriot, Ind., has an estimated population of 208. Source: 2015 Population Estimates <http://factfinder.census.gov/bkmk/table/1.0/en/PEP/2015/PEPANNRES/1620000US1858392

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54

The number of counties and census incorporated places that have “union” in the name. In total, there are 204 places with active governments that contain “union.”  Sources: Source: 2015 U.S. Gazetteer Files <http://www.census.gov/geo/maps-data/data/gazetteer.html

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The British Are Coming!

$114.1 billion

The dollar value of trade in 2015 between the U.S. and the United Kingdom, making the British, our adversary in 1776, our eighth-leading trading partner today. Source: International Trade Statistics <http://www.census.gov/foreign-trade/balance/c4120.html

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24,382,182

The number of people reporting English ancestry in the U.S. In addition, there were 1,326,960 people who reported British ancestry in 2014. Source: 2014 American Community Survey B404006 <http://factfinder.census.gov/bkmk/table/1.0/en/ACS/14_1YR/B04006

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