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