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

Monday, September 8, 2008

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 This professional determined that she really didn't need one and this accommodation was withdrawn.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."

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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.

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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).

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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.

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