...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)

Showing posts with label IDEA. Show all posts
Showing posts with label IDEA. Show all posts

Wednesday, August 27, 2008

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.

Saturday, May 24, 2008

Professional Ugly Duckling Identifiers

We all know the story. A little animal faces adversity from it's peers. The little animal is shunned, mocked and ridiculed. Then one day, the little animal figures out that it can identify with others and suddenly the adversity disappears. At least in the story.


Thanks to the Gradebook, we have the link to this story: Teacher lets Morningside students vote out classmate, 5


... "After each classmate was allowed to say what they didn't like about Barton's 5-year-old son, Alex, his Morningside Elementary teacher Wendy Portillo said they were going to take a vote, Barton said.

By a 14 to 2 margin, the students voted Alex — who is in the process of being diagnosed with autism — out of the class."

...."Steele said the teacher confirmed the incident took place"


....."Barton said her son is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism. Alex began the testing process in February at the suggestion of Morningside Principal Marcia Cully."

....."Children diagnosed with Asperger's often exhibit social isolation and eccentric behavior."

...."Melissa Barton filed a complaint with Morningside's school resource officer, who investigated the matter, Port St. Lucie Department spokeswoman Michelle Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said."

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

I guess Alex Barton is what some school administrators refer to as the one's who ruin the "public school salad":


.....It is to be hoped that Principal Annette Grasty of Lakewood Elementary School in Sunnyvale, California is wilting with remorse for this thoroughly rotten analogy. Surely she did not intend to be insulting or hurtful.Her comments came about in reference to the penalty that schools face under the No Child Left Behind Act if they fail to make adequate yearly progress (AYP) in standardized testing conducted each spring. If even one subgroup of students (such as special education) does not meet the AYP goal, the entire school is labeled low-performing. Like many educators, Principal Grasty believes it is unfair to flunk an entire school for the low performance of a single subgroup.As reported in the San Jose Mercury News [Download wilted and rotten.doc] , she thinks education should follow a business model: "If I were running a business, I'd try to control the product coming in," she said. For instance, she said, a chef wouldn't prepare a gourmet salad with wilted lettuce or rotten tomatoes. In a public school, she said, "I can't control who walks in that door. I take kids with learning disabilities, I take everyone. They come in at different levels and with different ways of learning."

....


Once again the arrogance and ignorance of a professional educator leads by example. Spare me the "isolated incident" rationalization... this is 2008 and I have heard that excuse since 1990.

Saturday, February 2, 2008

The Sound Of A Closed Door Can Be Deafening

There is something very intriguing about the doors to public education. I don’t know who built the first one, but I am sure that information could be found if one took the time. I have no doubt that the study of the origin and progression of public schools in our country would be a fascinating endeavor . I am also sure the following statement made by a former Teacher of the Year would not go without challenge:

The secret of American schooling is that it doesn't teach the way children learn
- nor is it supposed to. Schools were conceived to serve the economy and the social order rather than kids and families -- that is why it is compulsory.”



I throw that out there for others to attack or defend. The premise is why I have chosen it. The fact that even today there is much discussion about whether current influences on public education are self serving and not truly aimed at education is no different than the above premise.

I do know of two major social issues where it took the Federal Court to pry open the doors of public education that were obviously closed for two identifiable groups. One major door opening to the public as a whole was Brown v. Board of Education. Another major door opening to the public as a whole was the Education of the Handicapped Act (EHA or the Act). One must read about the many other doors that had to be pried open before these two major doors were forcibly opened.

Since the mid 1990's this writer first learned about the secret that when the teacher's door is closed, it is their realm. In fact it was told to me in that way almost verbatim. The secret was dirty then, and it remains so today.

I have previously asked the question "what rights does a regular education student have to their education." The answer to that question increases in intrigue and difficulty when one compares it to the answer of the question "what rights does a special education student have to their education."

Understanding case laws that have shaped our public education system is a formidable task. Many of the people who work day in and day out may not even know or understand where the pressures come from that effect their daily routine. A door may be physically closed, and a parent may be physically kept out of the classroom, but is that really keeping the parent out of the classroom?


I have chosen a passage from a federal case HONIG, California Superintendent of Public Instruction v. DOE, et al. to make a point:

"Envisioning the IEP as the centerpiece of the statute's education delivery system for disabled children, and aware that schools had all too often denied such children appropriate educations without in any way consulting their parents, Congress repeatedly emphasized throughout the Act the importance and indeed the necessity of parental participation in both the development of the IEP and any subsequent assessments of its effectiveness. See 1400(c), 1401(19), 1412(7), 1415(b)(1)(A), (C), (D), (E), and 1415(b)(2). Accordingly, the Act establishes various procedural safeguards that guarantee parents both an opportunity for meaningful input into all decisions affecting their child's education and the right to seek review of any decisions they think inappropriate. These safeguards include the right to examine all relevant records pertaining to the identification, evaluation and educational placement of their child; prior written notice whenever the responsible educational agency proposes (or refuses) to change the child's placement or program; an opportunity to present complaints concerning any aspect of the local agency's provision of a free appropriate public education; and an opportunity for "an impartial due process hearing" with respect to any such complaints. 1415(b)(1), (2)."

If we examine this part of the statement, does this not "put the parent in the classroom" : "guarantee parents both an opportunity for meaningful input into all decisions affecting their child's education and the right to seek review of any decisions they think inappropriate?"

Wednesday, November 28, 2007

Ignorance Abounds

I will be gone for two weeks. Not sure how often I will be able to access online. In a way, I will miss it. In a way, I will be glad to get away from hearing stories of ignorance. It amazes me when those who should know the law, don't. It amazes me when they abuse their power through their ignorance.

Let's talk about evaluations and re-evaluations. At the risk of doing what I think the District does, I am going to choose parts of IDEA to paint a picture. For the one's that use their power, they should know the whole of IDEA so that they understand how it all works together.



§300.304 Evaluation procedures.
(b) Conduct of evaluation
(2) Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a
disability and for determining an appropriate educational program for the child; and
(c) Other evaluation procedures
(4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing,
social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;
(6) In evaluating each child with a disability under §§300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked
to the disability category
in which the child has been classified.


This is the part where some professionals use their arrogance with their ignorance:

§300.303 Reevaluations.
(a) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with
§§300.304 through 300.311--
(2) If the child’s parent or teacher requests a reevaluation.

For discussion sake, lets say we have a student who has already been declared eligible for ESE and has a "disability category" (label). Has never had an occupational therapy evaluation. The parent has reasonable cause, along with the neurologist, that the kid needs an OT evaluation. The Doctor sent a note for the school saying as much.

So, having read all of this, what appears to be a reasonable outcome if the child's parent requests a reevaluation in this area of suspected disability that is not commonly linked to the disability category? Repeatedly asks. And, according to what I was told, was given a real hard time and told she (parent) was getting wrong advice.


If you were in this type of situation, how would you handle it?

I think this one may be resolved because someone finally read something. It is almost impossible for "normal parents" to overcome ignorance and arrogance. I am sick of hearing about isolated incidents. What is the outcome with all of the moms who don't have someone to help them get the professionals to read the rules?

Sunday, November 25, 2007

Myths and Co-optation

In late 1996, when I realized that common sense and normal interactions with many of the people-in-power within the public school system did not work, I sought assistance from other sources. One of these happened to be a book.

"You, Your Child, and Special Education" - A Guide to Making the System Work by
Barbara Coyne Cutler

It made a lot of sense as I connected to the issues that were outlined. Parents like me are found everywhere. What I liked about the book was how she conceptualized "the system" and "parents". For instance, she conceptualized some "myths". She stated "they are effective in keeping a smokescreen around the human and everyday limitations and imperfections of the people who work for school systems, and, to the extent that they silence or confuse parents, they provide security to "threatened" school personnel. However, the myths do not really benefit anyone, - children, parents, or even school personnel." pg 16

She wrote about "myths about educators". They include:
"Educators are super experts in their field"
"Educators are totally objective"
"Educators are free agents"

And then she says this: "Professionals caught in the super expert myth try to maintain the appearance of knowing all out of fear that otherwise parents or colleagues will question their competence. Furthermore, the need to appear super competent may become more imperative if school budgets are tightened and more people vie for fewer permanent school positions. School personnel may feel financially and professionally threatened if they confess they do not have all the educational answers at their fingertips." pg 30-31.

Having said all of that, Cutler goes on to outline ineffective ways to deal with the system. The one I choose to point out is what she calls "co-optation". While she talks primarily about parents, I can't help but think this same strategy works for "disgruntled" school employees also.

While reading some of the local blogs, I can't help but wonder if these strategies will be used to rein in the ones who are vocalizing issues.

Once members of this group grow weary from struggling, they become grateful for kind words and special relationships. "Some schools are experts at recognizing these parents and do just enough to keep them in an ingratiating posture: a few kind words.. a little threat... . Be careful of the teacher or administrator who tells you that you are not like the other parents(because you are so understanding and realistic), who shares his or her problems with you, who is always in when you call, and who is unusually prompt about returning your calls. "

"Co-optation is a hard pattern to change because the seduction... is gradual, even insidious, process during which you have may occasions to develop the habit of supporting and sympathizing with the school person."

In an earlier post I asked this question - how do some people sleep at night?

Maybe the answer is somewhere in myths and co-optation.

Sunday, November 4, 2007

Specialized Instruction is a service, not a place.

It is certainly an interesting world we live in.

I just spent from 8:00 to 5:30, yesterday and today, as a volunteer with six others, in an adjacent county with 22 parents who want to be involved in their child's education. They want to share with the teachers of their children the knowledge they have for what works for their child to learn behavioral, academic, social and emotional goals. They want answers to how to effectively communicate with the school personnel to bring about effective education for their child. They want to learn about the rights afforded to them under IDEA.

They want to teach their children as much as possible to be as independent as possible. These parents know that when the parent dies, the best advocate these children have will die. These parents know that when the parent dies that at best their child will be able to maintain the quality of life that child has, no matter what the age.

They face barriers. I have experienced these barriers. Throughout the two day intensive presentation of the actual meaning and intent of IDEA, Section 504, FERPA and suggested strategies on how to deal with "the system", there were the anecdotal stories that were shared amongst the group from each one there. I have heard these stories for 11 years or more. I have experienced most of them.

These are parents who are trying. They want to be involved, but are pushed away. Educating children with disabilities takes people who understand how the specific disability effects each and every part of the student's behavioral, academic, social and emotional (BASE) needs. Understanding how to educate children with disabilities is more than just an evaluation that identifies a label. True educators need to know more than just a label such as SLD or TMH or Autism Spectrum to name a few. To think that every kid that has the same eligibility label is the same, learns the same, behaves the same, has the same emotional framework and the same social abilities is ignorant at best. True educators need to know what the actually disability is within the label. That is a hard concept for some people to get, even to those who are supposed to know by virtue of their title and have the authority and power that goes with their title.

The thinking that special education is separate from regular education is wrong in many ways. All special education kids are within the realm of regular education. But all regular education kids are not within the realm of special education.

Special education is a service, not a place.

The purpose of special education parallels the purpose of elementary and secondary education as a whole: to prepare children to lead productive lives as citizens and members of the community. Students who have disabilities often need special education services to develop skills for participating in the community as productive and contributing citizens and taxpayers.


I was surfing the web and found the below information about the state of Florida.

If one were to go to each school in Hillsborough County, I wonder what the real answers are to this checklist, for all kids:

CHECKLIST FOR IMPROVING PARENTAL INVOLVEMENT
1. There is a place in the building for parents to gather informally.
2. The office has a friendly, informal atmosphere.
3. Parents are viewed by school staff as an asset.
4. Efforts are made to involve culturally diverse parents.
5. Communication between teachers and parents is effective.
6. The atmosphere in the school is not bureaucratic.
7. There are clearly defined policies regarding parental involvement
in this school.
8. There is a schoolwide homework policy in place.
9. There is an inservice program for staff that addresses parental
involvement.
10. School staff are aware of cultural and language barriers.
11. Training programs for parents are available.
12. Parents are truly empowered to make decisions in this school.
13. Families are a priority in this school.
14. The businesses in the community are involved in the school.
15. Community involvement is evident in this school.
16. Parents are asked about their children’s thinking and behavior.
17. Parents routinely work in classrooms with children on learning
activities.
18. Parents in this community advocate for children’s rights.
19. Parents are promptly notified about problems with their children.




Click here:



For more information contact the Florida Department
of Education, Office of School Improvement:
(850) 487-1023, SC 277-1023 or
http://www.firn.edu/doe/doehome.htm

Wednesday, August 1, 2007

Is Special Education Fair?

This sounds like a fair statement about the concern for the majority. I wonder how far back we should go to decide what the "majority" is?

http://muse.widener.edu/~egrozyck/EDControversy/Culp.html

As stated earlier, the burden special education is imposing on the educational system is perpetuating a phenomenon of reverse discrimination. Schools are justified in our society on the basis of providing social benefits (Rozycki, 2000). These benefits must be indivisible. That is, justice only exists when it affects everyone and if some benefit at the expense of others, there is an injustice. At that point, the benefit distribution is deemed to be divisible. It has been demonstrated that special education is currently a divisible benefit where those anointed as "special" receive an inordinate amount of benefit at the expense of regular education students. Therein lies reverse discriminatory practice. Who is to blame for this? Rather than asking who is to blame, perhaps we should be asking what is to blame for this. Certainly, the interpretive nature of how laws are implemented play a major role in setting the stage for inequity in our schools. On a larger scale, however, I would like to suggest that a phenomenon of cultural relativism is to blame. Our culture makes moral assumptions about the legal system which are inaccurate and untrue. We have placed an extremely high value on it's function and purpose based solely on the perception that it is morally motivated. It is not. The legal system is based on winning cases and following the law. In that regard, the legal system functions on a deontologic level (Rozycki, 2000). That is, as long as they follow the rules of the system, justice is being served. Why is an extrinsically motivated system like the courts telling schools, an inherently intrinsic system, what to do in terms of educating kids? This should not be happening. Is Special Education Fair? ©2000 Robert W. Culp


"Why is an extrinsically motivated system like the courts telling schools, an inherently intrinsic system, what to do in terms of educating kids?" Hmmmm- lets start reversing court decisions of the past that tell schools what to do.....? Was it Pink vs .. no Blue vs.. no it was Brown vs... those damned courts should not be allowed to tell schools what to do!

Where I have I seen this before?: We need to deny that there's anything "special" about being disabled, so we can stop getting "special treatment" instead of justice -John R. Woodward, M.S.W.http://www.jik.com/ilclang.html#TIME_TO_GET_RID_OF_SPECIAL

"A Foot in the Door"

As a result from discussions on another blog, I posted this missive on his website -Eskay Expresso:

A few premises first. My oldest son has forever told me there is no such thing as coincidence. Because of circumstances in my life, I was exposed to many experiences which led me to seek nation wide training learning about the laws of IDEA. Having recently discovered this modern day activity of blogging, it led me to my recent self appointment as the Motel Special Ed Concierge. I honestly can not remember how I came upon Eskay Expresso, but it happened. We became involved in a discussion about education and business - well - just read the transcripts.

This is a coincident. Yesterday, I was exposed to the Business Round Table and it’s relationship to education.. Last night, I heard a radio talk show host discuss the history of the attempts towards socialized medicine in the United States.

I couldn't write down the names of the people (Reagan was one who spoke against it) and the congressional statements he was citing, but I assume the facts can be traced. He (host) said that the first attempt to establish socialized medicine for all failed. So, in order to “get their foot in the door”, the proponents chose to target the elderly and the disabled, because there would be public sympathy, hence Medicare and Medicade. Once they have their foot in the door, they were closer to their goal.

When he said “disabled”, my mind shifted gears. My colleagues and I have many a time discussed why is there a set of Federal Regulations (IDEA) that is so poorly supported, does not have one state that is even close to compliance and was basically ignored for many years by parents, schools and courts until modern technology changed the playing field. We have posed the question - “why not get rid of it, it is so destructive to enforce.” We have far too often seen the destruction and waist of resources on both “sides” follow the same course, while the student (the marble about which the fight is over) remains static.

Then it hit me. Perhaps the whole concept of IDEA was to “get their foot in the door.” I will continue to pursue this concept. While there are many participants in the world of Special Ed, for the one’s, on both “sides”, that have to go through hell because of a “foot in the door”, it is a cruel hoax.

"We need to deny that there's anything "special" about being disabled, so we can stop getting "special treatment" instead of justice -John R. Woodward, M.S.W. http://www.jik.com/ilclang.html#TIME_TO_GET_RID_OF_SPECIAL