It's Not Just Me - A Special Christmas Song - Why Do Parents Feel This Way About The System?

I know there are a few within the public special education system that will continue to first blame the student and then blame the parent. I even live in a county that is "on Santa's naughty list" for labeling kids in need of specialized education, sending them off to a more restrictive environment in a special education center, and then, just to prove that the kids are too far gone to benefit from those professionally written IEP's that are designed to meet the individual needs of each child, have the kids arrested.

I don't make this stuff up. Read the arrest complaint.


And the good special education teachers are in the same boat as the kids and the parents.

Here is a link to a yuletide song, probably written by a parent who lives in a county that has a good PR program going:

Special Education Law Blog

Becoming Effective 12/22/2008 = How Many Will Know?

I know:

The District needs some good PR.

The District Administrators don't know about ESE issues.

There is a common complaint that Hillsborough County is just too big for everyone to be up to date on the latest laws.

That somehow in an apparent attempt to explain changes in law, the District "breaks it down", and that in this translation, the original intent of the law is missed.


The majority of the public is clueless and depends on the professionals for the truth.

Maybe this link could be sent directly to all District employees on the new fangled system that is being developed to let every one know what the good things are in HCPS. This way, no one can be accused of providing misinformation, and they can read the truth themselves. This way, everyone can compare what the real rules are to what they thought they were told through the grapevine or one of those dummied down presentations.



These rules come into effect 12/22/2008. Merry Christmas.


6534228, 6A-6.03411 - Florida Administrative Rules, Law, Code, Register – FAC, FAW, eRulemaking


Click On Final Adoted Rule to read the goods.

How Does Any Of This Make Sense?

PRO on HCPS: Ding, Lady Justice is Done

Hillsborough County Special Education Employees Read This

Today, I was reminded of how I came about having this blog. This blog progressed to my other two blogs. Today, I was reminded of how contemptuous and ignorantly isolated the Special Education system is in Hillsborough County.

When someone tells me that I can say things that employees of the system can't say, it taps into the anger I have about the system. I mock those who say they are "professionals" yet hide behind the smoke and mirrors of the system.

I, and the increasing number of others who see the truth, can not respect a system that flaunts it's contempt towards kids with disabilites who have needs that won't be met.

A Special Special Education Issue

I keep hearing that HCPS is in need of some good PR.


I am eager to assist.

Click here to read the formal complaint:

Does this issue need to be addressed to gain some good PR?



• In addition to turning to police as disciplinarians, Florida schools increasingly
utilize internal discipline methods that focus on isolation and removal instead of
addressing the underlying behavioral problem. In fact, the growth in the number
of out-of-school suspensions has outpaced the growth of the student population by
almost two-to-one. Out-of-school suspensions rose from 385,365 during the 1999-
00 school year to 441,694 in 2004-05, a 14 percent increase, even though the
student population increased by only 8.4 percent.




3During fiscal year 2006-2007, Hillsborough County recorded the highest actual number of school related referrals (1,881) which represented a 20% reduction from figures previously reported during the 2004-2005 fiscal year.

4 The overall percentage of delinquency referrals from
Hillsborough County that were school-related was consistent with the statewide average (16%).

5 Although HCPS does not routinely disaggregate school-related referral data by students’ disability status according to the Hillsborough County Public Defender’s Office, the school district’s exceptional centers for students with disabilities tend to arrest a large number of students. During the 2004-2005 school year seven exceptional centers were the source of 47 school arrests.

We Need a Better Transition Program « The Life That Chose Me

The below blog post should be read with comprehension.

Keep in mind that "low expectations" is the bane of all education, not just Special Ed.

My personal opinion is that kids should be taught to maximize their individualized daily living potential.

Think about that concept.

Taught to maximize their individualized daily living potential.




It is my opinion that "professional-educator-decision-makers" look at disabilities as an excuse, not a reason.

I submit that the higher the rung of the rank of the educator, the less pro-active for the individual disabled. The special-education system is about gate-keeping funds more than individualized focus.

Prove me wrong on that point.

It is my opinion that public education is so far away from individual focus that there is no way public education will ever be "sucessful" because "success" is measured wrongly.

Think about it.

Statistics do not have much meaning to the ones who can not pursue life, liberty and the pursuit of happiness, no matter what the disability is.




We Need a Better Transition Program « The Life That Chose Me: "The mission of the school system is to educate students according to the state curriculum standards. That will always come first, and everything else is extra, regardless of what is put on the IEP. We can write lovely goals and a lovely transition plan but that neither compels nor empowers us to carry out those plans. The IEP is pretty much toothless in areas that do not align with NCLB. If it does not address the state curriculum, I’m going to have a hard time carrying it out because the law clearly mandates what I’m required to do — teach to the standards. And I do not have sufficient time to even do that very well. So guess what happens to those goals, objectives and transition plans? They are being sidelined."

Why Parents Get Angry When They Learn The Truth

Recently I heard a professional educator give some information to a group of people. The professional educator said that if a parent disagrees with an evaluation completed by a District, the parent can request an Independent evaluation but if the results of the independent evaluation come back the same as the District's, then the parent would have to pay for it.

I disagree, and here is why.

First, let us look at what information my local education agency (LEA) provides on it's website:


First we go here: HCPS ESE Compliance Office

then we get here when we click on the "UCI manual" button:

proc_safe_0707.pdf (application/pdf Object)

Scroll down to page 3 and read about Independent Evaluations. It is missing a lot of information.

Now, click on this link and read the truth:

IDEA - Building The Legacy of IDEA 2004

You will find this:

(

4) If a parent requests an independent educational evaluation, the public agency may ask for the parent's reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

If school systems want better PR, school systems need to teach the truth to their staff and the public.

The Complaint filed by The Advocacy Center for Persons With Disabilities Against Hillsborough County Public Schools

SPLCenter.org: Hillsborough County Special Education


Go to this link.


Click on: Complaint: Hillsborough Complaint.pdf


Read how many incidents there were that allege that HCPS failed to provide related services to these kids over a long period of time.


Read the statistics.


Read the request for remedy, especially the last one. Hillsborough County is supposed to have this in action, as it was the same requested remedy from the first Whitehead trial.

Compliance and professional education is more than a check mark.

If you wonder why there is bad PR for HCPS, just try to get a glimpse of understanding for what this means.

Many parents eager to help kids succeed - St. Petersburg Times

Long-time readers of my blogs would know I have written frequently on how school systems use the "first we blame the student, then we blame the parent" as a defense of the inadequacies of the system, or as an offense to intimidate the parent.


As a parent of a disabled kid, I know the story well. Thanks to the link from The Gradebook, here is an article written by Bill Mawwell that suggests some insight about all of those parents that use "broad brush attacks", are malcontents, and are thousands of "isolated incidents".

Many parents eager to help kids succeed - St. Petersburg Times

Daniel Gage: Going to War « The Life That Chose Me

I really like the title Mr. Gage chose. It says a lot.


I found this intersting and insightful commentary by Daniel Dage. Read the complete post. Segregating disabled kids in itself is injust for the teachers and the students and the parents and "the system", whether it sees it or not.

"So when I consider this pervasive culture of repression it becomes pretty obvious to me that total integration is the only solution. The only way to gain equal rights is to be in-your-face militant about it because otherwise people will be all content in their little comfort zones. Yes, my students are disruptive. So are all the other students. But I am sick and tired of us being pushed to the back of the bus every time a disability is inconvenient. Anyone can teach a “normal” student who is always compliant. They often learn in spite of what teachers do. But it’s the exceptional students who demand more expertise and skill. Those are the students who need to make the most gains and who need the most attention. The problem is not that my students can’t learn. The problem is that no one wants to put forth the resources (money) needed to pay someone to teach them the way they need to be taught."

Going to War « The Life That Chose Me:

Maybe this is why it is a war:


SEGREGATION NOW, SEGREGATION TOMORROW….SEGREGATION FOREVER « BEAUTIFUL, ALSO, ARE THE SOULS OF MY BLACK SISTERS:

..."Rehnquist continued, “To the argument…that a majority may not deprive a minority of its constitutional right, the answer must be made that while this is sound in theory, in the long run it is the majority who will determine what the constitutional rights of the minorities are.”".....

Concern about Evaluations At The Last School Board Meeting

How many of you know that an OCR complaint was filed several years ago that resulted in OCR finding that HCPS's "evaluation list" was a violation?

I haven't found a link to that specific complaint, but I am sure your local Compliance officer should know about it.

Articulation Agreements - Who Knew?

I missed the first part of the last HCPS Board meeting, but thanks to advanced technology, I had the opportunity to watch it from the beginning.

Starting around 13:00 minutes into the meeting, agenda item 1.04 was brought up. Through the ensuing discussion, the general director of education was asked if HCPS had a partnership with Hillsborough Community College, and she said "No, we do not."

Interestingly, someone in the back of the room was indicating that indeed HCPS did have a partnership with HCC. This person was identified as Andrea Beverly. She went on to explain that there was an articulation agreement with HCPS and HCC for occupational and physical therapy.

What seemed more interesting was when the general director of ESE stated that in the last three years of being in her position, there had not been any interns from HCC.

Since we should all be aware of the recent state complaint here:

Motel Special Ed: Old news is still bad news, but how many know it?

findings of how the HCPS failed to provide the contracted services for OT and PT on numerous IEP's, it would seem that this type of information should not be overlooked.

Am I missing something too?

The Groupthink Bully At Helm Of School Board

The Groupthink Bully At Helm Of School Board


Sounds like an IEP meeting where the parent is trying to advocate for their child.

Grady has a new boundless playground - St. Petersburg Times

Grady has a new boundless playground - St. Petersburg Times

""They would watch, they would laugh, they would talk across," said school principal Melanie Bottini, "but they couldn't play alongside."

I am sure that the decision makers of our professional education system understand the difference between parallel play and cooperative play.


Parallel Play
Parallel play (or parallel activity) is a term that was introduced by Mildred Parten in 1932 to refer to a developmental stage of social activity in which children play with toys like those the children around them are using but are absorbed in their own activity and usually play beside rather than with one another. Children in this stage may comment on what they are doing or imitate what another child does, but they rarely cooperate in a task or engage in dramatic play or formal games with others. This stage occurs after solitary and onlooker play and before associated and cooperative play when children engage in more complex social interactions. Preschool children of all ages engage in parallel play, particularly when using sand, water, blocks, and art materials; this type of play appears to serve as a bridge to more complex cooperative activities.


Cooperative play:

......"In the second year of life, human infants become true social partners with one another for the first time. Between 18 and 24 months of age, children begin to engage in unique, nonritualized, cooperative interactions with peers (agemates), and this development appears to be universal (Brownell & Carriger 1990; Eckerman et al. 1989; Eckerman & Whitehead 1999). Thenceforth, peer play and interaction become progressively more central as a context for socialization. It can be argued, in fact, that children’s peer play enables and drives enculturation as much as does adult-child interaction (Tomasello et al. 1993)."

Found here


We should be thankful for the tireless efforts of the few who are professional educators, even when the ones with the most effort are parents.

"......Grady, however, is the first school in Hillsborough County to have a "boundless" playground.

Both projects were initiated by Stefani Busansky, whose first child, Sarah, was diagnosed with cerebral palsy in 2001....."

School Systems Full of Sheet(s)?

I am going to make a broad brush attack, so get up your defenses about isolated incidents and unreasonable parental expectations. The fact is, as a parent, I have been there, done that and know the truth. I was lied to so many times over a 20+ year period, I know the truth. I have no respect for those who initiate the lies and it is difficult for me to have respect for those who knowingly present these lies to the parents.

It's not just me. It may be, as my bio suggests, that I am one of the few who have fought back.
For those of you who want to know the truth, read with intent what this person wrote about ""the system". While those people who are not on the front line think they are clever in how they parse the words of the law and obfuscate the meaning of the words parents use to try to help their kids, those people are making the system the sham that it is.

They say humor is the best medicine. Here is a dose of it:

School Supply Lists For Kids With Special Needs Can Be Full of Sheets by Lori Miller Fox

It’s that time of year again. Back to school. When parents all over the country, list in hand, ambush the stores in search of the perfect school supplies. Red, plastic, 8x12 pronged folder with pockets, green wide-ruled five-subject spiral notebook. Every subject has a specific pencil, every class a unique pen. But somehow those itemized lists never seem to apply to my son. Just seeing the word “Elmers” used to get me unglued, the word “ball point” would start me balling, and the word “scissors” would cut me to my very core. The only thing that seemed remotely useful was the mandatory box of Kleenex tissues to wipe away the tears, so I always bought an extra for my own supply closet.

After years of suffering in silence, I’ve put together my own, more functional list for kids with special needs, their families and the staff who “just don’t get them”.

Downward spiral notebook - a handy place for teachers and therapists to record a student’s regression and lack of progress.

Nap sack - a book bag which conveniently doubles as a cushion to be used by staff as a pillow when they’ve fallen asleep on the job.

Miscalculator - a battery-operated problem-solving device for staff with very low expectations.

Number twenty-two pencil - a writing tool used by special needs children who are not the school’s number one priority.

Moral compass - an instrument that should be used by school staff to measure their degree of guilt and irresponsibility when they are not doing what’s best for their students with special needs.

Organ-izer - a place to put a heart after the school system has ripped it out of a parent's chest.

Three-ring circus notebook - a binder used to display a student’s laughable work product.

Right-out - a bottle of liquid paper used to cover up a child’s legal rights.

Bull point pen - a writing tool used by staff to keep parents apprised of how “well” their child is supposedly doing at school.

Destruction paper - colorful paper used to pass off art projects made by an aid as a child’s own.

Eleven-inch ruler - a straight-edged instrument used with students that staff think don’t measure up.

Hanging files - a place where biased evaluations are kept until they can be compiled and used to hang a child out to dry.

Mask-on tape - a roll of adhesive strips used to cover the smirks on school staff members’ faces when professing their committment to your child’s education.

Pest-it notes - yellow sticky-back slips of paper that can be attached to notebooks and letters of detention on which can be written what a pest your child is at school.

Subjective dividers - Deep-seated misconceptions and beliefs housed inside the minds of ignorant school staff and administrators that separate children with special needs from their neurotypical peers.

Scruple remover - a device not needed by many school employees, as most of their scruples have already been removed.

Make-up-their-own-ruled paper - sheets on which school staff explain why they can’t accomodate your child, usually starting with ”that’s the way we’ve always done it.”

Lead balloon pencil - tool used to write things about a child that don’t go over real well with the parents.

Low lighters - transparent markers used to emphasize the low points in your child’s academic career.

Never let ‘em see you sweatshirt - Mandatory parent dress code at all IEP meetings !

Posted by Charles Fox on August 11, 2006 at 11:21 PM in High Stakes Jesting, Tip of the Month | Permalink

found here:
Special Education Law Blog: School Supply Lists For Kids With Special Needs Can Be Full of Sheets by Lori Miller Fox

Few Know Bullying When They See It

Lee schools look to revise bullying policy : Lee : Naples Daily News

It may be a surprise to my readers that many well-meaning people within the education system actually "bully" students. In the above linked article, we find this comment:

"Rhodes said that her son, who has Asperger syndrome -a high functioning form of autism, was bullied by elementary school students and emotionally harassed by his teacher.

“I lived it,” she said. “A teacher who emotionally bullied my child on a daily basis and a principal who refused to do anything.”

The most frequent bullying that I know of is when kids who have thought processing delays or have sensory processing problems are called "lazy" or "blamed" for not paying attention. For some reason, one of the most prevalent "behavior strategy" in our education system is to "shame" the kid into appropriate behavior.

For example, I have been in many IEP meetings where the educators at the table do not recognize dyslexia as a real phenomenon. Instead, they focus on behavioral strategies aimed at "self discipline" and "increased study time". Along with this ignorance comes the obligatory message to the parent that the parent needs to stop making excuses for the kid.

True professional educators who understand true disabilities can teach kids with disabilities. Unfortunately, there are few true professional educators who understand true disabilities that come in contact with kids with true disabilities.
All too often, misguided and ignorant choices of behavior management not only do not teach the kids, it makes them worse. The resulting behavior unfortunately reinforces the ignorance of the "professionals" instead of drawing attention to it.

One More Isolated Incident of A State Complaint

Go back to this link, then click on the link to the state complaint.

Read the complete findings by the state about how the HCPS did not honor the written IEP's and did not provide the contracted service that was written in these IEP's. The District received money for these IEP's and then did not provide the service.
Where did the money go? What was the true "punishment" of the corrective action required by the state? How does compensatory service overcome missed windows of opportunity for benefit? Where are the professionals that hawk early intervention while the district delays services?


Motel Special Ed: Old news is still bad news, but how many know it?

Now, we have a new state complaint.
Complaint Alleges Hillsborough Withheld Services To Students#comments#comments#comments#comments#comments

I keep hearing how teachers and ESE personnel want to be respected. I keep hearing how parents are at fault. Here is a question to ponder. Was it teachers and ESE personnel who brought these state complaints? Was it teachers who are telling everyone how dedicated they are and how irresponsible parents are the ones that got together and collected the necessary documentation needed to prove these violations? I doubt few of you know how difficult it is to make a state complaint stick.

I know the OT/PT state complaint came after parents had been asking for accountability for months. They were lied to repeatedly and were treated with disdain because the people the parents were complaining to had to defend the system.

It is the system that is making a mockery of our education.

Behavior Teaching Must Not Be System Supported

Today's news#comment-133144565

Read the comment by "on shortchanged".


Where does one turn when one needs experts in behavior teaching? A teaching institution?

I thought each school in HCPS had a highly trained behavior specialist.

I thought each school writes comprehensive IEP's. How could there be a problem with behavior?

Here is a comment from one of my previous post's:

Anonymous said...

My child is often disciplined when it was due to his disablity. The IEP says we are to be notified prior to in school suspensions but we are rarely notified. In fact msot of the provisions of the IEP are ignored on a regular basis. The system is very broken and I wish this lawsuit great success.

I have first hand experience as a part of a disabled child at Ms Wieland's schools. She is not qualified in any way for her current position unless that qualification is to back up a corrupt, cruel District Administration in blocking help to students who are legally entitled to it.

October 2, 2008 1:58 PM

A Timely Answer For Local School Systems

Suspending and Expelling Students With Disabilities: The Legal Dos and Don'ts

I wonder if this is where IDEA money goes.

Where Is The Substance To The IEP?

Another article about yesterday's news can be found here:

State Complaint

We could examine this part of the article closely:

The groups also say the school district isolates students with disabilities through discipline. Disabled students in Hillsborough are 2 1/2 times as likely to lose as least 10 days of school to suspensions or expulsions as other students, they say.

But a veteran of two schools with exceptional student education programs says administrators often mainstream students with behavioral disabilities into regular settings.

"We really believe that every student begins in the least restrictive environment," said Joyce Wieland, a former principal and the district's director for exceptional student education.

It is through later assessment and discussion involving both school administrators and parents that placements change.

"Each student is seen as an individual, and we want all children to learn," Wieland said.

What we don't hear is that the supports and services that should be written into an IEP so that the student can benefit from the least restrictive environment are provided. Simply placing a student in the LRE is not the point. The point is that the teacher and the students need supports and related services. In a real professional ESE world, the change of placement would occur after it is demonstrated that the supports and related services that were written into a well designed IEP do not meet the needs of the student.

I didn't see that from what I read. How many teachers see that in their classrooms?

Complaint Alleges Hillsborough Withheld Services To Students

Complaint Alleges Hillsborough Withheld Services To Students

or

Complaints to be filed for disabled Hillsborough students | WFTS-TV | First in HD


How many different ways can the public try to make a point. I hope for the sake of all of the kids, which is what a class action suit is about, that the complainants do not succumb to the smoke and mirrors of "early resolution" or mediation. If the complainants do not make this charge stick with as much power for accountability as they can get, they shouldn't have gone to the trouble. In fact, if they don't nail this one, they will have made it worse for the kids.

When I was the VP and then President of the HCPS Superintendent's Advisory Board on Special Education back in the late 90's, the juvenile justice department back then tried valiantly to make the point that Hillsborough was arresting ESE kids far more than other districts, and "dumping" them on the juvenile justice system.

I hope some good comes out of this instead of the standard "isolated-incident and broad-brush-attack defense" winning again.

First To Learn ADA Amendments Act?

I wonder which group will be the first to learn the significance of the passage of this law. Will it be the interested parents and advocates seeking the purpose of the law or will it be the many within the public school system who should be responsible for it's compliance?



Special Education Law Blog: ADA Amendments Passed and Become Law!


Today (9-26-08), the ADA Amendments Act (ADAAA), S.3406, was signed into law.


Search Results - THOMAS (Library of Congress)

$816,000 District Legal Fees + $475,000 Ruling - $$$ Not in the classroom

I first met Mr. Sammons a few years ago. He was in search of knowledge about the truth with the Individuals with Disabilities Education Act (IDEA).


Was there a discrepancy in what the school system said the student learned and what others said he learned?

Published Thursday, August 19, 2004
Administrative Judge to Decide Diploma Dispute
Parents say high school shuffled their son through the system.

By JULIA CROUSE
The Ledger

Administrative Judge to Decide Diploma Dispute | theledger.com

As time went on, this happened March 31, 2005:

1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION WILLIAM <b style="color:black;background-color:#a0ffff">SAMMONS</b> and JANIE

He did what most advocating parents do. He learned about the system, and he tried to tell the system what he had learned:

Presentation to the Polk County School Board 04-11-06

William H. Sammons Bill@ESEparents.org
My name is Bill Sammons

Then there is this:

Parents Settle Suit With Schools

By John Chambliss
THE LEDGER

Published: Tuesday, September 23, 2008 at 4:03 p.m.
Last Modified: Tuesday, September 23, 2008 at 8:37 p.m.

"The turning point in the lawsuit occurred earlier this year when a judge ruled the School District had not provided a full education to Drew Sammons. The ruling in April ordered the district to pay up to $144,000 a year for five years to send Sammons to a private school.

The School Board appealed the ruling and faced the prospect of mounting lawyers’ fees that, for the district, already reached $816,000."

"The district settled one of the costliest lawsuits in recent memory, agreeing to pay the family $475,000."

"In Quattlebaum’s ruling, he criticized the district, saying the district was “either unable or unwilling to provide the appropriate services to which (Sammons) was entitled.”

"The lawsuit changed the district’s approach to ESE students."

Then there is that word "business" again:

“It caused people to step back and look hard at how business was done,” Bridges said."

Parents Settle Suit With Schools | theledger.com | The Ledger | Lakeland, FL

Stephen Gorham Exceeds Expectations for School Board - EsKay

Stephen Gorham Exceeds Expectations for School Board - EsKay

"Not A Free Ride - It Is A Second Chance To Be Sucessful"

Dallas schools plan to ease grading standards angers teachers | News for Dallas, Texas | Dallas Morning News | Latest News


"Our grading policy is based on raising academic standards"

heard on Headline News with Richelle Carey around 6:30 pm

a school spokesperson says:
"Kids will be able to retake "major exams" and avail themselves to taking this test, including "after school".

Did I hear that right? Try getting an IEP after school.

Talking points:

•Homework grades should be given only when the grades will "raise a student's average, not lower it."

•Teachers must accept overdue assignments, and their principal will decide whether students are to be penalized for missing deadlines.

•Students who flunk tests can retake the exam and keep the higher grade.

•Teachers cannot give a zero on an assignment unless they call parents and make "efforts to assist students in completing the work."

Surveying The Bus Routes

Hillsborough County Transportation and ESE Busing

Pass it along.

Help Me Help Others to Collaborate

A link from The Gradebook:


Bus change for special-needs students worries parents - St. Petersburg Times

Please read the article for content as it speaks to "each side" (parent/LEA(local education agency))of the issue.

I take exception to this comment in the article:

so long as the district is meeting children's needs, officials say the district was not required to send notification about this year's changes.

This leads to a link to IDEA 2004:

IDEA 2004: Law and Regulations - Wrightslaw

I will provide excerpts from IDEA so you can compare what the article says to the word of the law. Please do not make the mistake many do and simply read one section of the law. I only provide specific citations due to lack of space.

Transportation (§ 300.34(c)(16))
...........Comment: Some commenters
recommended removing the term
‘‘special transportation’’ from the
definition of transportation because the
term gives the impression that adapted
buses are used for a separate and
different transportation system, when,
in fact, adapted buses are part of the
regular transportation fleet and system.
These commenters stated that adapted
buses should only be used as a separate,
special transportation service if the
child’s IEP indicates that the
transportation needs of the child can be
met only with transportation services
that are separate from the transportation
services for all children.
Discussion: We do not believe it is
necessary to make the change requested
by the commenters. It is assumed that
most children with disabilities will
receive the same transportation
provided to nondisabled children,
consistent with the LRE requirements in
§§ 300.114 through 300.120, unless the
IEP Team determines otherwise. While
we understand the commenter’s
concern, adapted buses may or may not
be part of the regular transportation
system in a particular school system. In
any case, if the IEP Team determines
that a child with a disability requires
transportation as a related service in
order to receive FAPE, or requires
supports to participate in integrated
transportation with nondisabled
children, the child must receive the
necessary transportation or supports at
no cost to the parents.
Changes: None.

Seems like the "new" procedures recognize the above, except they missed the "IEP team" part.



This is the area that I take exception to the District's statement that "they did not have to inform the parent" about the change in bus service.

LRE Requirements (§ 300.114)...........
Section 300.114, consistent with
section 612(a)(5) of the Act, requires
each public agency to ensure that, to the
maximum extent appropriate, children
with disabilities are educated with
children who are not disabled. Further,
§ 300.116 ensures that a child’s parent is
included in the group of persons making
the decision about the child’s
placement.Changes: None.

>‘(‘placement’’ refers to the provision of
special education services, rather than a
specific place, such as a specific classroom or specific school. (46630 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations)

If placement refers to the provision of special education services and transportation is a related service under special education services and the parent should be included in the group of persons making the decision about the child's placement, then it seems to me that there should be an IEP team discussion about the transportation setting.

Let me know if I am missing something.

This seems to me to be just a focus on the checkbox on the IEP under transportation. Paper compliance is the focus of the District. A parent is supposed to be an equal participant of the IEP. Did the parent have an opportunity to discuss the issues regarding the individualized needs of their child on a regular ed bus?

Based on the information I have from the article, the actions and mind set of the District continues to display arrogance with ignorance and maintains their cavalier attitude. The public can not seem to break through this barrier.

Component Points, Trade Days and Paid Registration (see previous "Free Money.."

PLEASE DISTRIBUTE

This educational conference’s goal is to provide parents, teachers, therapists and other professionals with resources that will help their children make achievements in all aspects of life. While we focus on children with special needs, we believe these resources are just as valuable to any child. There will be something here for everyone, for one day, in one place!

This is a Statewide Conference – with Federal and State Exhibitors in attendance.

Some of what you will find at the conference………..
 60 different breakout sessions.
 Resource and Exhibitor area with over 150 display booths
 Cindy Bania-Carter, PCS Assistant Superintendent of ESE as Keynote Speaker
 State, Regional, and Local Organizations on hand for information & questions
 Lunch catered by Capognas Dugout of Clearwater
 Door prizes Galore…Therapy sessions, evaluations, massages, dinners, movies, shows, gift baskets, and much more, including a DELL Laptop Computer!!!!!
 TEACHERS ONLY drawing for an “Interwrite Pad”- Portable white board for the classroom!!!!

Information & Registration on-line
www.standadvocates.org
$35.00 per person, Registration after 9-13-08 until the day of the conference

Saturday, September 20, 2008
Fitzgerald Middle School
6410 118th Ave N, Largo, Florida 33770
Registration Opens at 7:00 am
Exhibitor Area opens at 8:00 am
Break out sessions begin at 9:00 am
Complete Program to be posted by 9-1-08!!!
Pinellas & Hillsborough School District employees earn component
points and trade days for attendance!!!!!
Therapists can earn CEU’s!

If you have questions about the Conference contact,
Melissa Tremblay, STAND-Pinellas,
e-mail at SPARC2007@yahoo.com

How Advanced is Our Education System?

I know a mom in a neighboring county that sounds like the parents in the below link. She had advocated strongly to get her school district to recognize that he "is different". "They" use her personality against her, as she tries so hard not to make waves while she constantly fights for her son. He is smart. He is different. He "has" Aspergers.

I saw what happened when a well crafted letter was written challenging just one aspect of his educational settings. "The letter" was based on sound legal principals, something "they" were not aware of. "The letter" blindsided "them" because it brought to bear outside leverage that "they" were not used to defeating. "The letter" took care of the one issue, but the retaliation and retribution was pervasive. Those who were involved in supporting the advocacy of the student were also dealt with to the degree that it is unlikely they will advocate for another student.


Special Education Law Blog: Painful Failure of the Special Education System

Amy Rowley's presence in your classroom today

Back in 1997, STAND's first conference was held at USF.

Amy Rowley was the guest speaker.


This website is the one that I have found that explores the significance of this case.

Amy "lost" in court.

Thomas Vaughn's synopsis of the case was this:

"Amy was given an interpreter for a 2 week trial. This professional determined that she really didn't need one and this accommodation was withdrawn. Parent went to court and won the use of this interpreter based on the fact that while she didn't need this service, it was determined that w/o it she really wouldn't be made whole.

Then the Supreme court overturned this decision.

Please be gentle as I have some problems reading all of that court gibberish."

*******************

While Amy may have lost "the war", this first case opened the road to exploration and "wars" to follow regarding IDEA.

When one reads this case, attention to individual sentences is what advocates and school systems pay attention to.

In law, words mean something.

The words "maximize educational benefit" is not one that IDEA recognizes.

The words "must benefit from" does mean something when used in the formulation of an individualized education plan within IDEA.

These are a few of my faviorites:

6 The requirements that parents be permitted to file complaints regarding their child's education, and present when the child's IEP is formulated, represent only two examples of Congress' effort to maximize parental involvement in the education of each handicapped child. In addition, the Act requires that parents be permitted "to examine all relevant records with respect to the identification, evaluation, and educational placement of the child, and . . . to obtain an independent educational evaluation of the child." 1415(b)(1)(A).

23 This view is supported by the congressional intention, frequently expressed in the legislative history, that handicapped children be enabled to achieve a reasonable degree of self sufficiency. After referring to statistics showing that many handicapped children were excluded from public education, the Senate Report states:
The long range implications of these statistics are that public agencies and taxpayers will spend billions of dollars over the lifetimes of these individuals to maintain such persons as dependents and in a minimally acceptable lifestyle. With proper education services, many would be able to become productive citizens, contributing to society instead of being forced to remain burdens. Others, through such services, would increase their independence, thus reducing their dependence on society." S. Rep. 94-168, supra, at 9. See also H.R. Rep. No. 94-332, supra, at 11.

************

24 Section 1412(5) of the Act requires that participating States establish "procedures to assure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."

My comment: This may be a challenge to the business aspect of the education system. It saves money to put all of the deaf kids in one class, even if you have to bus them all to one school. (substitute different disability for effect).

***********

25 We do not hold today that every handicapped child who is advancing from grade to grade in a regular public school system is automatically receiving a "free appropriate public education." In this case, however, we find Amy's academic progress, when considered with the special services and professional consideration accorded by the Furnace Woods school administrators, to be dispositive.

My comment: Do the words "grade inflation" have any meaning? Do you comprehend that "if a student is making A's" they do not need special education services? My son made "straight A's" for a nine week period, supports and services were reduced based on these grades, and all hell broke loose (fall of 1996- Mann Middle School). To add insult to stupidity, the day after I wrote a "letter of concern", my son was given several "scholarship warnings". To add stupidity to the insult, these warning were given way after the timeline designated by the HCPS parent handbook. Idiots.

I may write more on this later.

SPARC 2008 is Coming - see link for free money

PRO on HCPS: SPARC 2008 - Inquire about Vouchers



Hello Friends!



I bet your thinking this is just another conference……. WRONG!!!!!!!!!!!!!!!!!!



This year’s SPARC 2008 is not the same old conference ….. we have many different presenters, and many, many different exhibitors this year! Have you seen the list on the site??



Two of our newest and most exciting exhibitors and conference sponsors are:



Momstampabay.com (yes…. They are affiliated with Channel 10 News and have an awesome website for learning, exchanging of ideas and networking!)



DisAbilityNewsRadio.com ( check it out! Monica has interviewed some great folks… she is from New York, and bringing information to Florida!)



Both of these organizations will be in attendance at SPARC…. Stop by their tables and say Hi, and introduce yourself!



Our main goal is to continue to bring the latest and greatest in news, research, and strategies when developing the agenda for SPARC. On the website we have posted links to some of our SPARC presenters….. from the home page click SPARC, then SPARC 2008. Check out some of the folks who will be there!



You only have 11 more days to register on line for SPARC 2008!!!! September 13, 2008 will be the last day of on-line registration

for $25.00.



After September 13th…… you must register at the door the day of for $35.00 per person. There will be no guarantee of a conference bag, shirt or lunch. Once we reach 500 they will be gone.



Have you invited your child’s teacher to attend? What about their therapists? They can earn component points, trade days, and CEU’s for attending… plus, learning lots of new things to use while with your child!!!!!



Saturday, September 20, 2008…… 8:00am – 4:30pm Fitzgerald Middle School, Largo, Fl.



Don’t forget the door prizes… Disney, Seaworld, Busch Gardens, autographed hockey jersey, $100 gas card for those out of Pinellas County…and of course…. The DELL Laptop computer!



As always, thank you for forwarding this e-mail to all of your contacts…. Family, friends, teachers, doctors!!!! Word of mouth is powerful so let’s start sharing!



Melissa & Kim

Not On My Bus

School buses have Hillsborough parents fuming - St. Petersburg Times

They say a picture is worth a thousand words.

Here is a picture: "LMAO".

I would assume everyone has heard about the busing fiasco. There has been enough finger pointing to go around that no glove could fit and would again vindicate OJ.

I understand that a large majority of the public doesn't read the information sent to them. I get that side of the mess. What is lost to most people is that even when the public does read the information sent to them, it doesn't take much to see that the information provided isn't adequate nor sufficient.

In other words, are we to believe that if every parent had read and understood the information sent to them about the transportation issues, none of these issues would have occurred?

I read my letter last January and bought my bus last Valentine's Day so I would be ready in August's first day of school.

Enough about me.

In the above link provided by "The Gradebook", there is a sentence that got my attention:

"Gina Hammons is hearing horror stories from friends about their children being teased, and drivers not attuned to their special needs. She knows five people having problems, including a driver who simply refused to pick up a special needs child at the stop.

After we get passed the "isolated incident" defense, if this really did happen (and I believe it did), what is the rest of this story?

Was the driver being responsible to recognize that she could not meet the needs of the disabled student because there were not enough supports and related services written into the well designed IEP drawn up by the special education experts?

Or, was the driver discriminating against a disabled person because the driver thought that is was not his/her job to provide service to a disabled student?


This sentence may say it all: "Throwing everybody on the same bus and not preparing the drivers, not preparing the parents."


The key word in that phrase is "preparing". I know that every IEP written in the HCPS is very comprehensive and is carefully designed to meet the individualized needs of the student (said with sarcasm). I wonder why the bus driver wasn't told about the IEP? I wonder why the ESE specialist didn't make it a point to inform the driver? I wonder if the Principal knows that the IEP must be implemented?

Just wandering.

Mothers support parents of special-needs children

The challenge to parents of children with disabilities is found everywhere.

The disregard to the Federal law IDEA is rampant.

Keeping the majority of everyone within the public education ignorant of the true intent of IDEA is rampant and by design.

There is an almost a universal reaction by all educators when they are presented the actual words of IDEA and the actual context of the Procedural Safeguards and what "rights to a free and appropriate education (FAPE)" that the federal law is supposed to provide for special education students.

Obtaining what these "rights" are is a difficult task.

*********************



Mothers support parents of special-needs children
By Paulette Lash Ritchie, Times Correspondent
In print: Thursday, August 28, 2008



When Kaitlyn Pierce was 8 years old, she was diagnosed with dyslexia and dysgraphia. Her mother, Nikki Pierce, didn't know what to do.

She researched federal and Florida laws pertaining to special-needs students so she could learn what her child's rights were and how to ask for them.

Kaitlyn is now 9 and in fourth grade at Chocachatti Elementary School. She uses technology to help her with her writing, which is affected by dysgraphia. Pierce said it wasn't until she educated herself to learn how to ask that her daughter was able to get what she needed.

Stacy Walsh is a parent with a son, Gavin, 9, who has Asperger's syndrome, a mild type of autism. He's a fourth-grader at Challenger K8.

She was organizing an autism awareness walk and contacted Pierce. "After that we just kind of clicked. Stacy and I got involved together at the end of the last school year," Pierce said.

Both women now coordinate the Special Students of Hernando Support Group. She and Walsh work with the Hernando County School Board as a community partner with the exceptional student education department.

"Our goal is to educate parents on the proper procedures to get what is appropriate for them," Pierce said.

Nikki Pierce lives in Spring Hill with her husband, Todd, a firefighter; Kaitlyn; and Kyle, an 8-year-old Chocachatti third-grader.

Stacy Walsh lives in Brooksville with her husband, Harry, who works in communications; Gavin; and Savanna, 11, a sixth-grader at Challenger K8.

When she started, Pierce formed the Dyslexia and Related Learning Differences Support Group. She realized, though, that parents of children with all kinds of special needs had to deal with the same issues, so the group was changed to Special Students of Hernando Support Group.

Pierce and Welsh have a Web site with contact information, related links, event notices and other information.

"We are here to help support and educate parents on their student's (child's) rights in the educational system. We are not attorneys — we are parents helping parents. We are all at various stages in our children's educational career and are willing to help other parents who may feel 'lost in the system,' " Pierce and Walsh say on their site, www.specialstudentsofhernando.com.

Nikki Pierce can be reached at nikki@specialstudentsofhernando.com and at (352) 584-5512. Stacy Walsh is at stacy@specialstudentsofhernando.com and (352) 232-1239.

They said they are happy to help any parent, caregiver or educator with questions. Both are volunteers.

"The primary focus of Special Students of Hernando is education of the Federal Special Education laws (IDEA: Individuals with Disabilities Education Act, Section 504: Civil Rights Law, and similar). We want to help parents form a productive relationship with their child's school while understanding the correct process and procedures under the law. We want to see children obtain the most appropriate education, regardless of their disabilities or learning differences," the women state on their site.

The women are advertising a January conference sponsored by Special Students of Hernando and the Hernando County School Board Exceptional Student Education Department.



>>Fast facts

Weightslaw Special Education Law & Advocacy

A two-day conference for parents, educators, advocates, attorneys and professionals

9 a.m. to 4:30 p.m. Jan. 16-17, 2009, GlenLakes Country Club, Weeki Wachee.

For information, go to www.specialstudentsofhernando.com.

Low Expectations Overcome With A $1 Pledge.

Dollar's Worth Stretched By Teen's Triumphs, Achievements

I like Mr. Otto although I have never met him.

I want to thank him for this article.

Read the reader comments. There is nothing more true that low expecations within our special education system is one of our society's most moral shortcomings.

And that't not just me talking. Just talk to parents of kids with disabilities that understand what they are up against and what it takes to overcome the system.

SPARC 2008

From my friend Melissa:

"Hello Friends,

Welcome back to school! I hope each and every one of your children have a wonderful school year! As school starts, we don’t want you to forget about registering for SPARC 2008!

www.standadvocates.org SPARC 2008- It’s Going to Be Great!

Saturday, September 20, 2008 8:00am – 5:00pm

Fitzgerald Middle School

Largo, Florida

Only $25.00 until 9-13-08

Hotel rate of $89.00 is only guaranteed until 9-1-08…. So book before then!!!


And….… just when I think things can’t get any better!!! We have had several new updates for SPARC 2008 this past week!


Early Steps has informed me that if you are enrolled in the Early Steps program, they will scholarship you up to $150.00 to attend SPARC. That can be used for the registration fee, mileage reimbursement, or childcare fees. You need to contact Paula Keyser at Early Steps at 727-767-6705 for details.

Lampert’s Home Therapy of Largo, Florida has generously donated a $2000.00 discount off of his “Therasuit Therapy Sessions” See Below: www.lampertshometherapy.com


For the door prize we are donating $2000 off of an Intensive Therapy session utilizing the TheraSuit Method. This session will include 3 hours of intensive therapy a day, five days a week, for 3 weeks for a total of 45 hours. This session will be performed by a licensed occupational and/or physical therapist certified in the TheraSuit Method. Regular price for an Intensive Therapy session is $4500. The lucky winner will need to pay the balance ($2500) before beginning the session. This session is for children aged 10 years old and younger.


Voice Factor, has generously donated a $1000.00 piece of equipment for those with OT and Speech delays….. see below. www.voicefactor.com


We are providing a high-end voice recognition system & digital recorder valued at $1000.00 worth of technology!!!!


Two of our youngest presenters, Sarabeth and Rachel who debuted at SPARC 2007, presented at Family Café this year, have developed their own website for siblings of those with disabilities.

I would encourage you to visit their new website at www.sibland5.ning.com ; You ladies rock!!!!

Come and see them again at SPARC 2008!!!


We are getting extremely close to not being able to provide bags and shirts for those not registered. Only the first 500 paid registrants are eligible for guaranteed bag, shirt and lunch from Capogna’s Dugout in Clw.


Log onto www.standadvocates.org and get registered today! Also click on the door prize tab and see the great items you have a chance on winning!!!!


Only 27 days until the conference and 20 days left to register on line!!!!! Last clue to post 9-1-08.


As always, Please forward this information to anyone you feel who would be interested.



Thank you!!!!!!!!!! See you next month."

Tropic Thunder Promoting Sterotypes

A copy of the reponse from the great state of Florida regarding a movie that mocks disabilities.

Please read for content and see if he addressed the issue.



"Dear Ms. Whitehead:



Commissioner of Education Dr. Eric J. Smith asked our office to respond to the electronic message dated August 13, 2008. Your message, sent on behalf of the Statewide Advocacy Network on Disabilities (STAND) and FRIENDS –Support, Inc., expressed concern that students may choose to bring merchandise to school that contains offensive language related to a new film, “Tropic Thunder.” In particular, you requested that school districts prohibit the presence of all such merchandise under anti-bullying laws and regulations. We are pleased to respond on behalf of the Commissioner.



While we certainly understand your concern, Florida law provides district school boards with the authority to adopt programs and policies to ensure safety and welfare. These programs and policies may impose dress-related requirements if the district school board finds that those requirements are necessary for the safety or welfare of the student body or school personnel [Section 1001.43(1)(b), Florida Statutes (F.S)]. In order to access "" >Section 1001.43, F.S., please visit http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1001/SEC43.HTM&Title=-%3E2008-%3ECh1001-%3ESection%2043#1001.43.



On July 31, 2008, DOE released a model policy against bullying and harassment in accordance with Senate Bill 669. This model policy provides further guidelines for districts but does not replace current policies prohibiting bullying and harassment. Within this model policy, there is language about the belief that “setting standards of student behavior should be established cooperatively through interaction among students, parents/legal guardians, staff and community members producing an atmosphere where students grow in self-discipline.” The model policy may be found at http://info.fldoe.org/docushare/dsweb/Get/Document-5066/k12-2008-92a.pdf.



As far as bullying and harassment policies and training, the DOE has spent several years providing bullying and harassment prevention training and information. This year was the third year ofFlorida’s Bullying Prevention Conference. Florida has adopted the U.S. Department of Health and Human Services, Health Resources and Service Administration (HRSA) campaign “Stop Bullying Now” as a Florida campaign. Additional bullying prevention activities may be found on DOE’s Web site at http://www.fldoe.org/safeschools/. On this site, you will also find the district contacts for Safe and Drug-Free Schools. We are providing Brooks Rumenik, Director of the Office of Safe Schools, with a copy of this e-mail in order to make her aware of our correspondence with you.



As you probably know, on June 13, 2008, Governor Crist signed into law Senate Bill 856. This bill created Section 1003.4205, Florida Statutes, entitled “Disability History and Awareness Instruction.” The law requires districts to designate the first two weeks of October as Disability History and Awareness Weeks. The law also encourages school districts to provide disability history and awareness instruction with a goal toward facilitating better treatment for individuals with disabilities, especially for youth in school, and increased attention to preventing the bullying or harassment of students with disabilities. An additional goal is to encourage increased self-esteem and expectations for individuals with disabilities, thereby promoting more students with disabilities to seek postsecondary education and employment. The Bureau will be working to provide resources for school districts to support Disability History and Awareness Weeks.



Thank you for contacting the Commissioner with your concerns. If we can be of additional assistance, please contact Kathy Burton, Program Specialist, by telephone at (850) 245-0478 or by electronic mail at kathy.burton@fldoe.org.



Sincerely,





Bambi J. Lockman, Chief

Bureau of Exceptional Education

and Student Services



BJL/kbs



cc: Brooks Rumenik

Kathy Burton

Are ESE Personnel, including teachers, being made Patsies?

No place else in our society that I know of places scrutiny on the English language to the degree that is found in the language of the law. When Congress reauthorizes IDEA every four years, if one reads the commentary found in the Federal Code of Regulations 34 CFR Parts 300 and 301, one will see how much time and effort one word can be parsed. The commentary adds meaning to the intent of the law and provides a sense of interpretation. The commentary is considered a part of the law.

Follow the links on HCPS ESE website to their compliance paper. Find where it says that a student must be found "eligible" for occupational therapy (look at the chart columns and it says "Program / Eligibility Requirements")

I question the usage of the word "eligibility" in the context that a student already found eligible for special education and related services (these two words go together when you read the law) must then be found "eligible" for a "related service".

Everyone should question it.

Please, someone give me the legal reference that demonstrates that there is a double elgibility criteria.


TITLE 20 > CHAPTER 33 > SUBCHAPTER I > § 1401 Definitions

Title 20 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 2, 2006.


(3) Child with a disability
(A) In general
The term “child with a disability” means a child—
(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
(ii) who, by reason thereof, needs special education and related services.
(B) Child aged 3 through 9
The term “child with a disability” for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child—
(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development; and
(ii) who, by reason thereof, needs special education and related services.

Nothing in there says anything about Occupational Therapy.

Next we would look here TITLE 20 > CHAPTER 33 > SUBCHAPTER II > § 1414. Evaluations, eligibility determinations, individualized education programs, and educational placements - and find:

(4) Determination of eligibility (my emphasis) and educational need
Upon completion of the administration of assessments and other evaluation measures—
(A) the determination of whether the child is a child with a disability as defined in section 1401 (3) of this title and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and (make sure you read the rest, but for the purpose of this discussion about "eligibility", I left it off.)

If we pay attention, the 1414 (4)(A) references the above 1401(3) and specifically uses the words "determination of eligibility".

Nowhere in this discussion do we see anything about Occupational Therapy (or Physical Therapy or a lot of other related services).

Following along with our quest for information we look at Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations page 46782

and we finally find the use of "Occupational Therapy" under definition of Related services:
§ 300.34 Related services.
(a) General. Related services means
transportation and such developmental,
corrective, and other supportive services
as are required to assist a child with a
disability to benefit from special
education, and includes speechlanguage
pathology and audiology
services, interpreting services,
psychological services, physical and
occupational therapy, recreation,
including therapeutic recreation, early
identification and assessment of
disabilities in children, counseling
services, including rehabilitation
counseling, orientation and mobility
services, and medical services for
diagnostic or evaluation purposes.
Related services also include school
health services and school nurse
services, social work services in schools,
and parent counseling and training.
(b) Exception; services that apply to
children with surgically implanted
devices, including cochlear implants.
(1) Related services do not include a
medical device that is surgically
implanted, the optimization of that
device’s functioning (e.g., mapping),
maintenance of that device, or the
replacement of that device.
(2) Nothing in paragraph (b)(1) of this
section—
(i) Limits the right of a child with a
surgically implanted device (e.g.,
cochlear implant) to receive related
services (as listed in paragraph (a) of
this section) that are determined by the
IEP Team to be necessary for the child
to receive FAPE.
(ii) Limits the responsibility of a
public agency to appropriately monitor
and maintain medical devices that are
needed to maintain the health and
safety of the child, including breathing,
nutrition, or operation of other bodily
functions, while the child is transported
to and from school or is at school; or
(iii) Prevents the routine checking of
an external component of a surgically
implanted device to make sure it is
functioning properly, as required in
§ 300.113(b).
(c) Individual related services terms
defined. The terms used in this
definition are defined as follows:
(1) Audiology includes—
(i) Identification of children with
hearing loss;
(ii) Determination of the range, nature,
and degree of hearing loss, including
referral for medical or other professional
attention for the habilitation of hearing;
(iii) Provision of habilitative
activities, such as language habilitation,
auditory training, speech reading (lipreading),
hearing evaluation, and speech
conservation;
(iv) Creation and administration of
programs for prevention of hearing loss;
(v) Counseling and guidance of
children, parents, and teachers
regarding hearing loss; and
(vi) Determination of children’s needs
for group and individual amplification,
selecting and fitting an appropriate aid,
and evaluating the effectiveness of
amplification.
(2) Counseling services means services
provided by qualified social workers,
psychologists, guidance counselors, or
other qualified personnel.
(3) Early identification and
assessment of disabilities in children
means the implementation of a formal
plan for identifying a disability as early
as possible in a child’s life.
(4) Interpreting services includes—
(i) The following, when used with
respect to children who are deaf or hard
of hearing: Oral transliteration services,
cued language transliteration services,
sign language transliteration and
interpreting services, and transcription
services, such as communication access
real-time translation (CART), C-Print,
and TypeWell; and
(ii) Special interpreting services for
children who are deaf-blind.
(5) Medical services means services
provided by a licensed physician to
determine a child’s medically related
disability that results in the child’s need
for special education and related
services.
(6) Occupational therapy—
(i) Means services provided by a
qualified occupational therapist; and
(ii) Includes—
(A) Improving, developing, or
restoring functions impaired or lost
through illness, injury, or deprivation;
(B) Improving ability to perform tasks
for independent functioning if functions
are impaired or lost; and
(C) Preventing, through early
intervention, initial or further
impairment or loss of function.

How an ESE student becomes "eligible" for Occupational Therapy (?)

Trying to make sense of words, because they are important.

I really need some help on this one.

How does a student become "eligible" for occupational therapy under the Individuals with Disabilities Education Act (IDEA)?

All answers appreciated. Take nothing for granted.

I have just read something that may interrupt my enjoyment of the Buc's game and the PPV Ultimate Fight.

I need some validation quick before my head explodes.

A Fort Lonesome Evidence-Based Practitioner

If you don't know where Fort Lonesome is, look 9 miles east of Wimauma on CR 674. It looks a lot different than it did in 1953. But it is still 9 miles east of Wimauma.


Who would have thought that a country cracker would become an Evidence Based Practitioner. I may not be one yet, but I am pretty far down the railroad tracks. Having been a mental health counselor and then owner/operator/teacher/"behavior specialist" of a pre-school for 30+ years provides a base of experience. Having been the parent of a multiple disabled kid for 24+ years provided a real life learning environment that far surpassed any classroom or practicum experience by far.

I've lived it 24/7 for 24+. And I am still learning and thriving.

I don't know if I can claim to be a validated Evidence Based Practitioner, but I am getting close.


Click on the link and then click on what an Evidence Based Practitioner is. Center for Evidence-Based Practice: Young Children with Challenging Behavior - Resources

And then click on the link to see what I will have after some professional tweaking: Program Practices for Promoting the Social Development of Young Children and Addressing Challenging Behavior.

What should be noted is that the key to providing a successful path for children is to develop their social-emotional skills, for without these skills, educational benefit is severely hampered, no matter what the "educational setting" is. What should be noted is that the key to developing adequate social-emotional skills means the children must have a nurturing and responsive relationship with the caring adults.

What should be noted is that evidence based research shows that it costs less money (time and effort) to build a strong relationship than the time required to implement more elaborate and time consuming strategies. Read the link "The Teaching Pyramid: A Model for Supporting Social Competence and Preventing Challenging Behavior in Young Children".

So word to the professionals that are in charge of the business of educating our children: Working on nurturing and responsive relationships with children and their parents is cheaper and provides better results.

Unlike this approach.

Two New ESE Administrators

In yesterday's Tampa Tribune, buried under the title of USF Charter School Changes Name, Management we find:

"The board also appointed: Joyce Wieland to general director of exceptional student education;
and
"Maryann Parks to supervisor of exceptional student education,...."

When I look at the current HCPS Exceptional Student Education Department's list of administrators, I note that there is the existing position of "general director", but I do not see the existing position of "supervisor of exceptional student education". I note there are 11 titles of "supervisors", but each seems to have a specific area.

Is this a new position of "supervisor of exceptional student education"?


Since I am curious about their background, my research brings me this information:

2003-2004
DALE MABRY ELEMENTARY Principal: JOYCE WIELAND

and then next we have

"Back to School 2005
For seven new principals, an inside look......They are...... Joyce Wieland, Westchase Elementary."

This leads one to wonder what type of ESE experience Ms. Wieland has to promote her to "Director of ESE"?

My research on Maryann Parks shows that she is the current ESE Dist. Resource Teacher on the same HCPS website.

I could not find any other information about her.

I wonder what their collective backgrounds are that qualifies them for their new positions.

Starting Another Journey

I have spent most of my blogging time over on my PRO on HCPS site and reading The Gradebook. Plus keeping up with Goader.

And I found a blog that has some interesting comments about special education.

I have a backlog of notes on ideas to write about but keep putting them off. I imagine when something happens to trigger my need to vent, I will at least have some notes to fall back on to help me.

The final decision on the Whitehead vs. HCPS should be coming out soon. There will be as much about this case that will never be known as was in the last one. As with a lot of things within the world of public education, there seems to be more focus on issues away from education that impede education.

My wife and I own a couple of pre-schools and have done so for 33 years. Each school has two national accreditations. We used to receive many children with disabilities referred to us by District personnel. We had a reputation for being able to meet their needs, with supports and services of course. I am not sure if the drop off of referrals was due to my parental support to successfully advocate for these appropriate supports and services to be continued within the public school classroom after the student left us.


My company is starting a new endeavor which could go on for several years. The more I learn, the more I realize how to learn more. We are starting a partnership with The University of South Florida's Program-Wide Positive Behavior Support Project.

Our letter of acceptance from the Project Director states we were "competitively selected from numerous applicants in the community. Because of the commitment of your staff to quality early education practices, their interest in adopting evidence-based practices and the strong administrative leadership of your program your center truly excels."

Sounds good to me. As long as I don't commit the sin of being arrogant and recognize when I am ignorant, I will take an accolade now and then.

I will take this moment to expose an ironic event within HCPS. In the past, some IEP meetings that I attended in support of a parent were held up while the District (not Hillsborough) researched whether or not I was a lawyer. Hillsborough, on the other hand, once brought an attorney to an IEP along with their top Directors involved in Special Education (SpEd and Staffing and Compliance)while the parent only had me. At the subsequent IEP meeting, the parent brought me and her lawyer. Upon introductions, the HCPS attorney stated he was only there for the IEP because the parent had brought legal council to the IEP meeting and added something to the effect that he thought attorneys shouldn't be at IEP meetings because they impeded the IEP process.

The parent's astute lawyer then asked the question of the HCPS lawyer "Were you at the last IEP meeting?" to which the HCPS lawyer said "yes". The parent's lawyer asked "did the parent have legal council at that IEP meeting that you were present?"......to which the HCPS lawyer had to say "no".

Catharsis is good for the soul.

I look forward to my new endeavor. I know at least one of the leading educators behind this project at FMHI. There were several from FMHI involved in the development of the Superintendent's Advisory Council on Special Education for HCPS. It would be interesting to see what the return was on their time invested.

The significance of this program is the statistical information that shows that in 2005, pre-school children were 3.2 times more likely to expelled from public pre-school programs than students in K-12 programs(Gilliam, 2005), pg 3, [Fox, L, Jack, S., & Broyles, L (2005). Program-Wide Positive Behavior Support: Supporting Young Children's Social-Emotional Development and Addressing Challenging Behavior. Tampa, Florida: University of South Florida, Louis de la Parte Florida Mental Health Institute.]

I don't want to be part of the problem of the public education system. I am well aware of the discussions that say that "private schools" can pick and choose their "raw material". The recent discussions on The Gradebook about the status of the three Hillsborough schools that have been cited by the state to be closed next year if they don't show improvement has been a concern of mine. It appears from the public comments on that blog that it is a consensus of many people that the reason for these school's failure is "the public".

Let's assume that is true. Then what is the answer? Kick the public out? Just accept it as "it is what it is"? While we have all heard about "early intervention", this program advocates for "early prevention". "Mental health providers are actively engaged in supporting the social-emotional development of Head Start children through skill development and ongoing instruction". [ibid. pg 12]

The high school setting is not a conducive place to develop the pre-adolescent and adolescent social-emotional skills needed to benefit from the educationally focused setting. I get that part of the equation. What I don't get is when people say "our public schools are not baby sitters" and "it is up to the parent to prepare the kids for school" and "the kids should come to school with the right mindset to sit in class and learn" and "teachers should not have to teach character, that is the parent's job".

I then want to ask what is the purpose of extra curricular programs such as athletics, band, chorus, cheer leading etc. How do those prepare a student to receive educational benefit from the classroom. If evidence-based research shows that social-emotional development is the key to any and all later education, and if the public school system wants more return for their dollar, then maybe there needs to be a revamping of the way our public school system sees it's purpose. All of the time and money spent on educational reform may be like trying to reform a Model T Ford.

Kicking schools out of the system seems a bit odd. My less-than-trusting perspective of the school system tells me that "grades" will be manipulated to deal with this problem. I sarcastically predict that next year we will see GPA's of 9+ (don't we already have 8+). My logic on this is that in order to manipulate the low grades to a "higher level", the high grades will again be artifically inflated. It is already happening, so how could I be wrong? Time will tell.

Broad Brushes are Like Bad Apples - It Only Takes One To Spoil The Rest

Frequent readers of my blogs would recognize that I have been accused in the past by the then top administrators of making "broad brush attacks" against the HCPS.

I thought I was simply speaking the truth. And I still think so.

One of the issues that I have faced as the parent of a disabled student within the HCPS system was teachers of the disabled that were less than professional. Couple that situation with the fact that my wife is an excellent educator, and it doesn't take long for issues to arise.

I was perusing another blog today and found this one at "From The Trenches of Public Education".

This paragraph got my attention: "One thing that I think very few non-teachers understand is that there is great incentive in teaching to perform well because of the very nature of the job. There are few things more humiliating than to stand up in front of twenty-five to thirty adolescents and know you are bombing. That audience is not very forgiving. There are very few occupations I can think of that would be worse to be bad at than teaching. Maybe professional boxing."

Bingo.

Standing in front of a group of kids who have limited communication skills to go home and tell Mommy and Daddy what the teacher did, or more importantly didn't do, is not conducive to being humiliated. Along with that, trying to prove anything a limited communicating "child" tries to say is essentially impossible.

Add to that a system that has arrogant and cavalier authority that looks at all teachers as professionals and students and parents as liars and troublemakers and what you have left is an insulated system that is unchecked.

Limited communicators can't go home and tell Mommy and Daddy that the O.T. didn't come to school today.

Limited communicators can't go home and tell Mommy and Daddy that the teacher showed a full length movie to the deaf class today. BTW, it makes it even more egregious when the kid is deaf and legally blind. Therefore the seat in the back of the room for a deaf kid with colobomas and 20/400 "distorted" vision is not really the appropriate educational setting for that kid. But who the hell am I. I am not a professional teacher. I am just the parent.

What real professional educators should know about kids who have "limited communication skills" is that their parents (most of them) have learned what the kid is "communicating" by "reading" their behavior. It is a real phenomenon. I have plenty of these types of scenarios that I could share where my son was "telling everyone" things were not well. Self mutilation and clothing destruction were two of the signs.

Over a period of time, the signs get louder. Even if the kid can't talk.

Fall of 1996.

Due Process Resuming

This Thursday and Friday- July 8th and 9th.

Public welcome.

Dreyer and Associates
201 N. Franklin Street, Ste 1775
Tampa, Florida 33602

Due Process in Progress

I just finished my second 1/2 day as a court spectator to the Due Process.

It is scheduled to be continued.

I am learning more about what I already knew.

Low expectations can be a roadblock.

Read the links.

Learn the history.

Understand the disconnect.

Transition Service - What it is and how hard is it to come by?

From Wrightslaw, we have the legal definition:


"Congress also made significant changes in the legal definition of "transition services" in IDEA 2004.

(34) Transition Services - The term `transition services' means a coordinated set of activities for a child with a disability that-

(A) is designed to be a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
(B) is based on the individual child’s needs, taking into account the child's strengths, preferences, and interests;
(C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. (See "Definitions" in Section 1401, Wrightslaw: Special Education Law, 2nd Edition, page 56)


Then we have the reason Congress strenghtend the law in the interest of the disabled students:
Seeking to improve upon the unacceptable post-school outcomes for students with disabilities, Congress has provided several new requirements to strengthen transition planning. This article provides an overview of changes to the transition requirements in IDEA 2004. These requirements are effective July 1, 2005.

Better Definition

First, by redefining the term "Transition Services," the IDEA now states that activities focus on improving the academic and functional achievement of the child to facilitate movement from school to post-school activities. Additionally, the definition has been expanded to include a requirement that the transition services be based on the student's strengths, as well as their preferences and interests. The process is expected to be "results-oriented" as opposed to the earlier requirement for "outcome-oriented," signaling a clear intent to ensure that the process includes activities designed to produce success for the individual. "




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Most parents of ESE students are not familiar with the law. Very few ESE parents know how to effectively advocate for their kids. They "trust the system", and usually don't know their child will not receive required services if the parent agrees with the school system's recommendation. Later, when the parents find out the truth, the school system will say it was what the parens wanted.

A question to not only ask but seek the answer to is: Does the school system spend their money to fight the extremely few parents who know their rights instead of spending money on the required transition services for the students?

How parents "exercise their rights" and how school districts "exercise their authority".

For those who would like to see another side of how ESE issues are dealt with, observing a due process case is eye opening.


The current Whitehead due process hearing is open to the public and covers issues such as appropriate post-secondary transition and discrimination.

June 30 - July 3

Dreyer and Associates
201 N. Franklin Street, Ste 1775
Tampa, Florida 33602

Placation is as Placation Does

"I can see clearly now, the rain is gone,
I can see all obstacles in my way
Gone are the dark clouds that had me blind
It’s gonna be a bright (bright), bright (bright)
Sun-Shiny day." - Johnny Nash

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Maybe more will see the obstacles in their way.
I am not sure the dark clouds are gone.
Maybe someday it truly will be a bright, sun shiny day.
I'm out of the system. Just like Lee.



I must say that Eskay is a very insightful person.

He analyzed a bit of information (read the comments) and in less than 24 hours he saw the picture clearly.

Frequent readers of my two blogs may have noticed that, when it comes to Special Education, the system was an albatross to me. Frequent readers of my blog may be confused as to why I rant and rave when there were many individuals within the system that did a lot for my son. Maybe it's like being in a hospital where 90% of the staff at all levels do a fine job, but 10% of the staff (at all levels) keep making you sick.

If one read the Press Release of the "old Whitehead case", one should have noted that the Whiteheads asked for reform within the system as a remedy to their case. "The Superintendent's Advisory Council on Special Education" was formed to put a check mark in one of the boxes.

I spent somewhere close to two and a half years on that project before I decided to leave it with a feeling of frustration. For those who want to check the record, I spent a year on the by-law development committee, a year as vice-president and a partial year as president.

I am curious to know how many recommendations to the Superintendent have come out of that Council? Do they keep minutes of the meetings or just a summation of what the District people want? Do they still have sub-committees, and do these sub-committees discuss local issues or issues of the State? How many of the by-law-required "parents" on the committee are also employees of the District?

The minute I read Goader's post, I realized the impact of the word "placation".

Isolated Incidents become Federal Fodder

I have scanned the Press Release regarding the settlement of May 2, 2000, Whitehead vs. HCSD. The contact information at the bottom of the press release has changed. The link can be found on my side bar "May 2008 - How much money will the District spend this time?"
There are many issues regarding this case. If nothing else, the word "Ethics" should be of grave concern to anyone associated with HCPS. What is bad for students and parents is also bad for teachers and administrators.

Frequent readers of my blogs know that I mock the use of the phrase "isolated incident" because I know how it is used by the system as a blanket dismissal of issues.

While there are many, many details of this case that should be examined by all concerned, I find it interesting that U.S. Magistrate Judge Elizabeth Jenkins uses that same phrase as follows:

"These violations of the procedural rights of the Whiteheads cannot be dismissed as either technical or minor. They were not inadvertent or isolated instances of a violation of parent's procedural rights under Section 504."

Is it possible that parents and teachers and some administrators are crying out for ethical oversight?

(click on page to enlarge)