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?"

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?

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

Public Administrative Placement vs. Private Profitability

Another isolated incident and broad brush attack. The incident's keep happening and the brush isn't wide enough.

It's all about the money and ignorance on how to educate kids. No wonder the good teachers are leaving the public school system- their hard work is undone by an ignorance.


Click here: The News-Press, news-press.com, Education, Lee’s special ed program fails girl, and family

"Andrea Barrett would wake up at 4:30 every morning. She'd bathe, put on a golf shirt and slacks, and pour herself a bowl of cereal with milk.After breakfast, she'd make lunch, slathering peanut butter and jelly on bread that had the crust cut off.Then, she would wait up to an hour for the bus to come to take her Villas Elementary.
Andrea loved school. It's where her friends were and where she learned basic math, including simple multiplication and division, how to read at a second-grade level, and expanded her American Sign Language vocabulary.Now the 11-year-old south Fort Myers girl has a panic attack at the mere mention of the word school.
Andrea is autistic. She has trouble seeing and can barely hear. She communicates through sign language.

Her outlook on school changed after she was taken out of a class for autistic children and placed in another class all day, without her parents knowing or consenting, in violation of federal law. A Villas employee conceded in the minutes of a meeting held with Andrea's parents that the school was "out of compliance" with her education plan.When the class change happened, Andrea began having serious problems. She withdrew from her family and friends, stopped eating, and no longer bathed, brushed her teeth or dressed herself for school. As a result, her parents, Rebecca and Patrick Barrett, have been unable to hold down full-time jobs. "

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

Click here: Business: Private company turns a profit with special education students

"ESA schools offer instruction for students with many kinds of disabilities, from mental retardation to high-functioning autism. One of its rapidly growing programs helps high school special-education graduates who want college degrees.
"The idea was that there are a lot of young adults with learning disabilities, and the expectation wasn't there that they were going to go to college," Claypool said. "And it should have been, because they're often quite bright"

How Much Does A Pilot License Cost?

Click here: Dangerously Irrelevant: Why is staff development so bad?

"We have known for a long time (decades!) about what constitutes effective staff development. As the latest version of the National Staff Development Council Standards for Staff Development notes, effective staff development has small groups of educators working together over time in professional learning communities; is based on principles of effective adult learning; and deepens educators’ content knowledge.Yet what does staff development look like in most school districts? Typically it involves three or four one-shot “sit and get” (or “spray and pray”) sessions spread across the year, each on a different topic than the one before, that are attended by most or all educators in the organization. A “one size fits all” model is used, meaning that there is relatively little differentiation between, say, music teachers and math teachers and industrial arts teachers. Sometimes schools spice it up a bit and have a buffet day where educators can pick from multiple choices throughout the day, much like a professional conference."

and from the comment section, I chose this:

"The one area that has frustrated me as a consultant is that there is little to no funding to provide executive coaching services to principals. If a principal needs help, they often can't speak up or they are admitting weakness"

I posted the above to say this:

As those who should know the rules, transition plans (school to post school) can start as early as the age of 14. I was aware that the common practice in HCDS was to wait until the last two years of the student's stay, and that out of these last two years, "work training" was usually no more than half a year per year out of the last two. (It always amazes me how the system on one hand thinks special ed kids can assimilate and internalize knowledge with a brief exposure (don't let 'em see the test protocol, it will give them an unfair advantage) and on the other hand lower the bar of expectations so that making 4 months progress in a year is considered success).

One could understand the difficulties that arose when I insisted on my son obtaining work experience starting at the age of 15.

While there is so much information that should be provided leading up to the following point, suffice it to say that my son became involved in a "pilot program" in HCDS. He was one of three students in the program. The District paid money for an outside consultant to demonstrate how to set up "school to work" situations for even the most "challanged" students. I thought it was a great program and it provided support and guidance to my son's team.

The program consisted of 3 teams for each of the students. My understanding was that the information and strategies of the "pilot program", once developed, would be shared to others and become integrated within the system. In one of the early meetings one of the teachers of one of the teams said" Why am I here? I have a bunch of student's in my class room that need me - I don't have time for this."

I am sure it baffles the administrators that know how much my son received from HCDS to hear me be critical about the system. My previous post Click here: PRO on HCPS: A Piece of the Dysfunctional Puzzle speaks to the difficulty of challanging a mindset as opposed to what is perceived as an isolated incident. An illustration of this may be revealed by a comment another teacher made to me one day. She said to me "it is unfair that your son get's more than the other students in the class."

I recently heard that the "pilot program" and the systems that were in place at the school my son was at the time are no longer there. As far as I can tell, the key players of the successful program are gone from the school. Some have "moved up the ladder", one to be an Area Director and one was recently seen speaking at the school board meeting, and some transferred out.

I can only assume that when the next parent comes along that insists on following the rules, another "pilot program" will be invested in.

What is the truth - the school reports or the parent and their actions taken?

Click here: Northoftampa: North of Tampa: Hormones, transition, peer pressure and more cause discipline problems

If Mrs. Perkins had the written documentation of her story, complete with letters to the teacher, Principal, etc, along with the written incident reports (dare I ask if they exist), there may have been a different degree of accountability.
I will say it before any one else does - this is not a broad brush attack nor an isolated incident. What about the kid that could not stand up but was charged with seven counts of battery against a school person? He could not stand up or move, so how close were the school people?The real issue is the disdain that some "professionals" have for the ones they have power over.

As long as "paper compliance" is the focus instead of "moral and ethical compliance", we will reap what we sow.

"Worse than numbers"
While a majority of discipline incidents are in the double digits across the board for middle schools, a majority of north Tampa schools -- elementary through high school -- report zero bullying incidents.
"That's just crazy," says Brendale Perkins, a two-time PTA president who pulled her son Justin out of one such school three years ago because of what she described as relentless bullying.
Perkins says her son, who is medically disabled, was shoved around by boys who took his lunch and his money. Unlike many middle-schoolers, Justin complained to a teacher. But things did not improve, and Justin became angry and violent at home.
Perkins took the matter up with the administrators. Eventually, she says, five boys were suspended. But after they returned to school, a teacher sent one to the restroom with Justin. Brendale says the youth shoved Justin into a stall and wouldn't let him leave.
Perkins immediately transferred Justin to a private school. Because of his medical problems, he is now homeschooled.
Told that the school now reports zero bullying, she said, "That's ridiculous. There are going to be conflicts there."

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

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

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

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


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

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


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