...there we stood in the doorway We heard the mission bell and we were thinking to ourselves "This could be heaven or this could be hell" Mirrors on the ceiling The pink champagne on ice. And she said: "We are all just prisoners here of our own device." (Eagles)

Thursday, August 16, 2007

One Reason How a Special Ed Motel is different than a Regular Hotel.

In a nutshell, one recognizes parental involvement - one does not.

Page 6:
“Our opinion holds in essence that the Constitution does not afford parents a substantive due process or privacy right to control through the federal courts the information that public schools make available to their children. What information schools provide is a matter for the school boards, not the courts, to decide.” 9th Circuit Court
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/966A73E8103317D888257170007C7F87/$file/0356499.pdf?openelement

In the below statement you will find: “Educators and families must boil down broad adequacy goals into a personalized and individualized plan for a specific student. “


This can be confusing to administrators who are used to not having parents involved in what information the schools provide. In special ed, it is not the arena of “when the door is closed, it is solely the teacher’s or district personnel's domain.”

The below speaks to the word "adequate" , the word used in the Fla. State Constitution, melded with IDEA.


“…
Several other state supreme courts adopted the seven criteria set forth in Rose as requirements under their state constitutions.[44] These courts held that a constitutionally adequate education is not a minimal education. The New Hampshire Supreme Court stated in Claremont v. Governor (Claremont II):
Given the complexities of our society today, the State's constitutional duty extends beyond mere reading, writing, and arithmetic. It also includes broad educational opportunities needed in today's society to prepare citizens for their role as participants and as potential competitors in today's marketplace of ideas. A constitutionally adequate public education is not a static concept removed from the demands of an evolving world. It is not the needs of the few but the critical requirements of the many that it must address. Mere competence in the basics--reading, writing, and arithmetic--is insufficient in the waning days of the twentieth century to insure that this State's public school students are fully integrated into the world around them. A broad exposure to the social, economic, scientific, technological, and political realities of today's society is essential for our students to compete, contribute, and flourish in the twenty-first century.[45]
When states properly incorporate these constitutional requirements into the definition of FAPE, students with disabilities are entitled to more than just a "basic floor of opportunity" or "some educational benefit." These students are entitled to receive an education that allows for meaningful participation in a democratic society, and competition for post-secondary education and employment opportunities.[46]
The IDEA requires incorporation of broad educational adequacy goals set forth in court decisions into Individual Educational Programs (IEPs) that meet the unique needs of each disabled student. Each student with a disability, as defined by the IDEA, is entitled to an IEP under the IDEA.[47] The IEP must be tailored to meet the unique needs of the student.[48] The IEP is the cornerstone of FAPE. Courts look at whether an IEP is appropriate when assessing whether a school district has provided FAPE.[49]
Aligning IEPs with the state's constitutional requirements regarding an adequate education presents challenges for school officials and parents. Educators and families must boil down broad adequacy goals into a personalized and individualized plan for a specific student. An IEP must contain specific goals and objectives to meet the student's unique needs, and must describe the special education and related services the school will provide so the student may meet these goals and objectives.[50]
Reexamining Rowley: A New Focus in Special Education Law by Scott F. Johnson, Esq.[1]
http://www.harborhouselaw.com/articles/rowley.reexamine.johnson.htm

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