Twice (Thrice?) Exceptional Curriculum – Antonia Guccione, MA, MS [Guest Blog Post]

Possession of a college degree as well as a Special Education credential does not necessarily mean one is ready for all the challenges of meeting the needs of diverse learners. If one thinks having a curriculum guide and a set of text books is going to do it, one is mistaken and must seriously reconsider his or her career choice.  Individual planning for certain groups and learning styles is a must.  But don’t count out lessons geared for  gifted and talented students when planning for those with learning or other disabilities.

I learned this through a course I took in teaching the gifted and talented offered by a local college and taught by an expert in the field of Twice Exceptional Education, Dr. Susan Baum. “A Toolkit for Teens” served as the basis of many of the lectures.  The course was not simply taught in a didactic manner; it was also taught experientially.  There were lectures, but there were also less traditional experiences.

Through this course, I learned to weave cinematherapy into my Middle and High School language arts classes. Important themes, such as bullying and independence as well as deceit and, of course good and evil, could be studied by watching characters and the choices they made in movies such as The Princess Diaries, Contact, and Cast Away.   The onus was on the characters in the movies, not on the students in the class. Writing summaries, taking notes, making inferences, and drawing conclusions were included at every step.  If writing was a challenge, drawing, role playing, and giving speeches were encouraged.   We also studied goal setting, action plans, and time management.  These lent themselves nicely to mathematical lessons. We learned about stress busters as tools to combat anxiety and how and when to use them.  We studied Active Listening and “I Statements” as well as the difference between assertive versus aggressive language and actions.

The bottom line is that in the quest to meet standards and assessments, there are different paths to follow. Differentiation is a complex process which requires creativity and skill.  I strongly recommend this Toolkit for Teens in planning your next semester.  It is a strength-based model and focuses on what students can do despite what challenges they might have.  Whether students have been diagnosed with Anxiety Disorder, ADHD, or Executive Functioning issues, these lessons and activities provide helpful strategies. Don’t be afraid to think outside the box. All students need enrichment activities.


Antonia Guccione, MA; MS

Antonia is a consultant, educator, and author with over forty years’ experience working with students of all ages, strengths, and needs.

Bring Back Some “Old School” Education

There is a common belief among the education community that education theory is evolving.  Ph.D.s and school administrators keep thinking up new ways to ‘improve’ our education system, for example ‘common core’ and ‘standardized testing’.  Problem with that theory is we are graduating more children from the K-12 system now who do not have the basic skill set to get a job, live on their own, or function in the post-secondary education environment. I have a thought about that: we have abandoned some of the tried-and-true methods that worked in the 50s, 60s, and 70s for the sake of ‘experimenting’ with our children’s education.  My suggestion is to resurrect some of those ‘old school’ methodologies.  Here are some techniques that studies have proven to be effective: 1. Bring back music and the arts into our school systems as mandatory courses Studies have repeatedly shown that music and art trigger portions of the brain that ‘core subjects’ do not and help the brain process other subjects better, for example math. One study showed that listening to music reduces distraction when doing schoolwork.

“We seem to have two attention systems: a conscious one that enables us to direct our focus towards things we know we want to concentrate on and an unconscious one that shifts attention towards anything our senses pick up that might be significant. The unconscious one is simpler, more fundamental, and linked to emotional processing rather than higher reasoning. It also operates faster.”

“Music is a very useful tool in such situations. It provides non-invasive noise and pleasurable feelings, to effectively neutralise the unconscious attention system’s ability to distract us.”

Other studies have concluded the same, indicating that our ability to concentrate during studying is enhanced by music. The same is true with art, but for different reasons.

“Almost as soon as motor skills are developed, children communicate through artistic expression. The arts challenge us with different points of view, compel us to empathize with “others,” and give us the opportunity to reflect on the human condition. Empirical evidence supports these claims: Among adults, arts participation is related to behaviors that contribute to the health of civil society, such as increased civic engagement, greater social tolerance, and reductions in other-regarding behavior. Yet, while we recognize art’s transformative impacts, its place in K-12 education has become increasingly tenuous.”

“We find that a substantial increase in arts educational experiences has remarkable impacts on students’ academic, social, and emotional outcomes.”

2.  Return vocational training to K-12 education An article in Forbes magazine a few years ago observed:

“Throughout most of U.S. history, American high school students were routinely taught vocational and job-ready skills along with the three Rs: reading, writing and arithmetic.”

“[T]he focus shifted to preparing all students for college, and college prep is still the center of the U.S. high school curriculum.”

“Not everyone is good at math, biology, history and other traditional subjects that characterize college-level work. Not everyone is fascinated by Greek mythology, or enamored with Victorian literature, or enraptured by classical music. Some students are mechanical; others are artistic. Some focus best in a lecture hall or classroom; still others learn best by doing, and would thrive in the studio, workshop or shop floor.”

“The demise of vocational education at the high school level has bred a skills shortage in manufacturing today, and with it a wealth of career opportunities for both under-employed college grads and high school students looking for direct pathways to interesting, lucrative careers.”

The reality for most school-age children is that they will only be exposed to college-centered curriculum in public school and those who don’t have that interest will suffer.  It was exacerbated when President Obama “called for every American to pursue some form of education beyond high school ” during an address to a joint session of Congress in 2009. However, it is well-established that not every kid should or can afford to go to college.  What is perhaps worse is that the drive for every child to go to college has resulted in student loan debt skyrocketing and nearly impossible to elminate due to a lack of jobs in those sectors.

“Now that the Department of Education has made this data available, it appears that, in fact, the average student loan borrower takes longer than ten years to repay his/her loans.”

“Because more than half of defaults [on student loans] occur outside the [time] window covered by current federal default statistics, overall default rates are much higher than previously thought.”

“These data suggest that whether a degree is completed, and what type of degree is completed, may be more important factors related to the increasing default rate than the amount students borrow.”

The data is pretty clear – jobs that graduates get can’t keep up with repayments of student loans.  This argues in favor of a trade education, where the student debt is likely to be much lower, but job security is much higher. 3.  Teach cursive handwriting The benefits of learning cursive go way beyond the ability to sign checks.  Article after article touts this curriculum, but schools have abandoned it because it is the “computer age”.  That’s not an excuse. A New York Times article from 2013 discussed how learning cursive stimulates the brain.

“Putting pen to paper stimulates the brain like nothing else, even in this age of e-mails, texts and tweets.”

“As a result, the physical act of writing in cursive leads to increased comprehension and participation.”

“Regardless of the age we are in or the technological resources at one’s disposal, success is measured by thought formation, and the speed and efficiency in which it is communicated. Because of this, students need a variety of technologies, including cursive handwriting, to succeed.”

William Klemm, Ph.D., Senior Professor of Neuroscience at Texas A&M University, offers numerous biological and psychological benefits of learning cursive. Still another author provides 10 reasons to learn cursive, not least of which are:
  • Improved neural connections
  • Improved fine motor skills
  • Increased retention
  • Ease of learning – “Cursive is of particular value to children with learning challenges such as dyslexia, dysgraphia, and difficulties with attention.”
Conclusion While this may not cure all of our education woes, it certainly is worth trying.  We are failing our kids right now.  Why not go back to methods that worked in the past instead of experimenting with the new?  It is my opinion if we accept the basic premises that (a) not every child is cut out for college; (b) that providing alternative skill set training expands the opportunities for our kids; and (c) returning to proven-successful teaching methodologies, such as inclusion of music and the arts and teaching cursive, will improve their academic progress and cognitive abilities, then we are likely to see a brighter future for our children.  

5 Things Wrong With Public Education Today

Here are my thoughts and observations about what is wrong with our public education system today:

1.  Too much is spent on school administrators and not enough is spent on teachers

2.  Too much is spent on extracurricular activies, particularly sports, and not enough is spent on arts, music, home economics, and trade (auto shop, mechanics, wood shop, etc.) classes

3.  Too much time is spent on preparing students for standardized testing and not enough time is spent on teaching students how to learn independently

4.  Too much is spent on fighting expensive legal battles and not enough is spent on providing special education and related services

5.  Too much is spent on changing curriculum (for example, common core, Pearson) and not enough is spent on allowing teachers to apply their ‘on the ground’ knowledge of their students and subject matter expertise

And here is a bonus one:

BONUS:  Too much is spent on internal fortress building and not enough is spent on involving the community in our education system, such as involving parents and local businesses in the process

Just my opinion.

 

USDOE Finds NJDOE Non-Compliant With IDEA 45 Day Rule

Well, well, well.  Seems that someone is taking notice that the NJDOE has been noncompliant with IDEA’s 45 Day Rule (which we’ve written about extensively in the past):

On May 6, 2019, the US Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) issued a notice of noncompliance to the NJDOE Commissioner of Education that it is in violation of IDEA’s 45 Day Rule and requires some fixes to the program.

Here is the USDOE’s letter: 190506osers

This will add some fuel to our Class Action case.

Stay tuned!

 

The Appropriate Use of Assistive Technology for Students – Antonia Guccione, MA, MS [Guest Blog Post]

Discerning how, when, and why students should access Assistive Technology to support learning involves many levels of decision making.  It all starts with the IEP, the student’s present levels of performance, his educational needs, and the impact those needs have on learning. Thank goodness there is help! The Wisconsin Assistive Technology Initiative provides a series of tools for educators and parents. The WATI Assistive Technology Consideration Guide is a great place to start if you suspect that there are tools that are necessary to support a student’s learning.

For example, if a student has an issue with writing, it can seriously impact that student’s ability to function in the classroom and do grade level work. For our purposes, we will assume an upper elementary age male child and begin our assessment and decision making there.  He may not be able to express thoughts, opinions, or ideas on paper.  How will he form complete sentences and/or organized paragraphs?  How can Assistive Technology help him?

Discerning how, when, and why students should access Assistive Technology to support learning involves many levels of decision making.  It all starts with the IEP, the student’s present levels of performance, his educational needs, and the impact those needs have on learning. Thank goodness there is help! The Wisconsin Assistive Technology Initiative provides a series of tools for educators and parents. The WATI Assistive Technology Consideration Guide is a great place to start if you suspect that there are tools that are necessary to support a student’s learning.

http://www.wati.org/wp-content/uploads/2017/10/WATI-Assessment.pdf [PDF file]

THE WATI

Enter the WATI Assistive Technology Consideration Guide. First, the team must agree on the impact of this issue.  While many are possible, let’s assume that the major impact for this student is his ability to do grade level work in the classroom and express his thoughts on paper in an organized paragraph.  The question becomes whether there is currently assistive technology- either devices, tools, hardware, or software that might help address this need?

Referring to the Assistive Technology Continuum, there are Low Tech, Mid Tech, and High-Tech tools to consider. Have any been tried?  Is there data to support the trials?  Possible Low-Tech tools include specialized pens, raised paper, highlighters, post -its, and slanted surfaces. Mid Tech Tools include tape recorders, spell checkers and dictionaries.  High Tech tools include word prediction software, word banks, and word processors.

Finally, would the use of these assistive technology tools support the student in performing this skill more easily in the least restrictive environment? If the answer is yes, it is time to consult with the IEP team and document this need, its impact, and interventions that might be helpful.

https://adayinourshoes.co m/wp-content/uploads/2015/09/WATI-Assessing-Students-Needs-for-Assistive-Technology.pdf [PDF file]

Based on lack of progress on IEP goals, the Committee on Special Education must consider a student’s need for assistive technology devices and/or services, as well as possible modifications and accommodations.  If a student needs such devices and/or services, the appropriate sections of the IEP must specify the:

  • nature of the assistive technology to be provided; 
  • services the student needs to use the assistive technology device; 
  • frequency, and duration of such services; 
  • location where the assistive technology devices and/or services will be provided; and 
  • whether such a device is required to be used in the student’s home or another setting in order for the student to receive a free appropriate public education.

http://www.p12.nysed.gov/specialed/publications/iepguidance/present.htm

GOALS

Goals must be written accordingly, and I recommend using the concept of a SMART Goal.  A specific goal which is measurable, attainable, realistic, and timely has a greater chance of being accomplished than a general goal.

https://east.madison.k12.wi.us/files/east/Smart%20Goals%20Information%20CC%2011_0.pdf [PDF file]

Here is an example of an objective taken directly from an AT-Resource Guide for written communication which utilizes Assistive Technology:

Goal: Jon will use an electronic graphic organizer to write an opening topic, a closing, and three supporting detail sentences to construct a five-sentence paragraph, by the end of the first semester.

Objective: Given five sentences in an electronic graphic organizer, Jon will identify and arrange the opening topic, the closing, and three supporting detail sentences to create a paragraph, by the end of the first six weeks of school.

https://www.ocali.org/up_doc/AT_Resource_Guide_6.pdf [PDF file]

IN THE IEP

Another resource which offers support to parents in understanding what Assistive Technology is and how to get it into a student’s IEP is noted below:

https://adayinourshoes.com/assistive-technology/

Once the tools have been obtained, how does one manage the Assistive Technology?  Who trains the teachers and parents? Who trains the student?  But that is a whole other discussion!

Even if the present levels of performance indicate a student who can participate in a discussion, that doesn’t mean he can write about it. A basic understanding of texts and current events is not the issue. However, ask him to summarize that information in a paragraph and the sky falls down.  On the IEP, present levels of performance are recorded, and appropriate sources of data have been discussed and administered.  These have included both formal and informal assessments, with work samples, and data charts to show progress or lack of progress over time. Are there modifications and accommodations that have been incorporated? Have these interventions resulted in significant progress or is this student still having difficulty responding to a writing prompt.

FINAL NOTES

In conclusion, Assistive Technology provides many tools to support learning and can result in a positive outcome.  It is a timely process, but one worth pursuing. Better to know what works sooner rather than later.  Assess the student’s needs, document the impact on learning, and then choose the appropriate tool to support learning in the least restrictive environment.  Keep accurate data to demonstrate progress.

If you suspect your child could benefit from assistive technology, reach out to the professionals involved in his education.  In addition, access the sites documented in this article.  I’ve only presented one need, and that is for writing. I haven’t even touched on communication, mobility, motor aspects of writing, reading, learning and studying, math, recreation, or activities of daily living, vision, hearing, and language processing. Understand that the array of Assistive Technology Tools is vast.  Following a process to obtain these tools may be involved, but it can result in access to tools that can help this child for life. 


Antonia Guccione, MA; MS

Antonia is a consultant, educator, and author with over forty years’ experience working with students of all ages, strengths, and needs.

Why Schools Shouldn’t Reject Your Child’s Diagnosis

Recently, I have heard (far too many) stories from parents that the schools are taking away services from their child and/or denying providing services because the school does not believe the child’s diagnosis.  This is wrong and illegal on so many levels, but I will adress the three (3) most important reasons why schools should never deny or reject a child’s diagnosis. 1. Only licensed physicians (medical doctors, doctors of osteopathy, and/or nurse practitioners depending on your state law) may provide a diagnosis and most IEP team members from the school district are NOT licensed physicians (school psychologists are not licensed physicians). As an example, in New Jersey (and most states have similar laws to my knowledge) a person must have a license to “practice medicine or surgery”.  N.J.S.A. 45:9-6.  Diagnosis is practicing medicine.  N.J.S.A. 45:9-5.1. If one of the school staff suggests or takes the position that your child doesn’t have a diagnosis that has been confirmed by a physician, ask such person if he/she holds a physician’s license in your state. 2. Many diagnoses are “hidden” disorders or neurological problems, but should not be denied simply because you can’t “see” them. If a child has Down Syndrome or Cerebral Palsy or Muscular Dystrophy or is an amputee, the disability is likely obvious.  (I prefer not to automatically assume it is.)  However, many disorders like Autism, ADHD, Generalized Anxiety Disorder, Dyslexia, Cystic Fibrosis, Sensory or Auditory Processing Disorder, Krohn’s Disease, Depression, and others are what I call “hidden” disorders because they are often not obvious just observing a child.  This is another reason that only licensed physicians who understand what tests need to be performed in order to make the proper diagnosis should do so.  I’ve heard teachers and school administrators (people who should know better) say, “But [he/she] looks normal!”  What an awful comment about a child with a disability. Frankly, I can’t understand why school personnel even question this.  For example, I have diabetes – a neurological disease.  Looking at me, you would not know this.  I do long charity bicycle rides of 70+ miles.  Most people would say, “He seems fine.”  While that may be the outward appearance, does it mean that I don’t have diabetes or that the disease does not affect me? It is wrong to deny that. The huge problem with this is that when services are denied because the school does not observe the disorder, the child’s disorder may have devastating effects.  Children with Autism may have meltdowns; children with ADHD may be distracted in classes; children with Auditory Processing Disorder may become disoriented or frightened; children with Krohn’s Disease may become exhausted; etc.  Once this occurs, access to education is impeded.  This is exactly what IDEA, 504, ADA, and other laws are designed to prevent. 3. Schools may respond that they don’t witness how the disability impacts the education, but they also don’t see the aftermath when the child arrives home. While it is true that under IDEA and 504, there are two parts to the question: (a) does the child have a diagnosis that fits them within an eligibility category? and (b) does the child need special education and related services or accommodations because of the disability?  20 U.S.C. 1401(3)(A); 29 U.S.C. 794. However, children have amazing capacity to overcome their disabilities.  In colloqual terms, they can “hold it together” during school hours, but then come home and “let it all out”.  Children know home is their “safe space” and if anxiety, frustration, fear, depression, anger, or similar emotions build up during the school day because the disability is not being recognized by the school, the parents must bear the brunt of those released emotions in the home. In fact, the U.S. Department of Education issued a guidance letter that states “IDEA and the regulations clearly establish that the determination about whether a child is a child with a disability is not limited to information about the child’s academic performance.”  USDOE Guidance, Letter to Clarke (2007).  That means behavior should also be considered – whether in school or in the home, because remember a parent is a critical member of the IEP team.  20 U.S.C. 1414(d)(1)(B)(i). Conclusion Schools should not reject a child’s diagnosis made by a licensed physician because (1) it is unlikely that an IEP team member is a physician; (2) just because they can’t “see” the disability doesn’t mean it’s not there; and (3) they need to consider all effects of the disability, including behaviors at home triggered by the failure to address the issues at school. If a school rescinds services to your child under an IEP or takes away the IEP because they don’t believe your child has a disability, contact a special education lawyer ASAP.  

Who is on the IEP Team?

Perhaps one of the most confusing parts of special education law for parents (and some schools) is who is on the IEP team.  There are both “mandatory” members of the IEP team as well as “permissive” members.  IDEA makes this very clear.

Mandatory Members of the IEP Team

There are five (5) mandatory members of the IEP team set forth in IDEA.  They are (in order as the statute lists them):

  1. The parent(s);
  2. At least one regular education teacher who interacts with the child in a general education setting;
  3. At least one special education teacher or provider who interacts with the child;
  4. A representative of the school district (“local educational agency”) who meets certain requirements (see below); and
  5. “an individual who can interpret the instructional implications of evaluation results” (who may be also #2-4).

20 U.S.C. §1414(d)(1)(B); 34 C.F.R. §300.321(a).

Before moving on to the permissive members, let me clarify some things about the mandatory members.  The word “and” is underlined above, because that means ALL five are required.  If Congress meant that only 3 or 4 of those persons were necessary, they would have used the term “or”.  Remember Conjunction Junction from School Kids Rock?

The Parent(s)

At least one parent must be present at an IEP meeting. If there are two parents, both are not required to be there – one can act for both.  But, notice the parent(s) are listed first.

One of the key Procedural Safeguards is “an opportunity for the parents of a child with a disability . . . to participate in meetings with respect to the identification, evaluation, and educational placement of the child.” 20 U.S.C. §1415(b)(1); 34 C.F.R. §300.501(b)(1) . The parents of a child with a disability are mandatory members of the IEP Team. 20 U.S.C. §1414(d)(1)(B)(i); 34 C.F.R. §300.321(a)(1) (emphasis added.)

Indeed, “the concerns of the parents for enhancing the education of their child” is critical in developing the child’s IEP. 20 U.S.C. §1414(d)(3)(A)(ii); 34 C.F.R. §300.324(a)(1)(ii); see also Honig v. Doe, 484 U.S. 305 (1988); Schaffer v. Weast, 546 U.S. 49, 53, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005) (Parents play “a significant role” in the development of each child’s IEP.)

Parental participation in an IEP meeting is so vital, it is set forth twice in the IDEA regulations. 34 C.F.R. §§300.322(a), (c) and (d) ; 34 C.F.R. §300.501(b)(1).

The LEA Representative

The representative of the school district can’t be just anyone.  Often the school will send a case manager or principal or other administration staff member as the representative, but such person might not meet the requirements of IDEA.

The LEA representative must be:

  • qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
  • knowledgeable about the general education curriculum; and
  • knowledgeable about the availability of resources of the local educational agency (school district).

20 U.S.C. §1414(d)(1)(B)(iv); 34 C.F.R. §300.321(a)(4).

In other words, this person must have supervisory capabilities over special education curriculum and services, know the general education curriculum, and know the services available as well as placement options within the district.  If the person the school district sends to the IEP meeting is constantly having to check with someone else about whether the school district can provide such services, the wrong person is in the meeting.

The Evaluation Interpreter

While the fifth mandatory member is only stated as “an individual who can interpret the instructional implications of evaluation results”, IDEA is no more specific and doesn’t define who this is.

Typically, this person is the school psychologist because that person’s role is to translate evaluation reports into special education and services to be provided to meet the needs of the child.  Most parents don’t know how to interpret evaluation reports.  Heck, even some highly skilled teachers don’t know how either.

Make sure someone is in the meeting who can put testing results into actions and services for your child.

Permissive Members of the IEP Team

IDEA allows other persons to be on the IEP Team.  Specifically,

  • “at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate”
  • “whenever appropriate, the child with a disability.”

These are “permissive” members because they are not required to be there and are only there if the other IEP team members think it is appropriate or necessary.

The first of these options has been interpreted to include “education advocates” for parents; social workers or therapists contracted by the school district; or, anyone else who might have valuable input into the formation of an IEP.  There is no restriction on the number of these individuals so long as they have the requisite knowledge about the child or services and it doesn’t bog down development of the IEP.

The second option is at the discretion of the parent(s).  Whether you bring your child to an IEP meeting is up to you and most agree that the child should only attend if (a) he/she is emotionally capable of hearing about areas where the boy or girl is struggling; and (b) he/she has valuable input to offer, such as when or where he/she is having difficulties (e.g. “I struggle in math class because of the classroom noise.”)

Is it a properly assembled IEP meeting?

The most important lesson of this article is for both parents and school districts to understand when an IEP meeting is properly constituted.  As stated above, all of the mandatory members must be present [especially the parent(s)].  Without all of the mandatory members present, the proposed IEP may either be improperly designed (because not all of the necessary input was received) or not implemented (because the district does not have the necessary resources) or both.  If there are no permissive members, the meeting can still go forward.

Parents have the motivation to make sure that an IEP meeting is properly assembled so their child receives a FAPE.  School districts have the motivation to ensure that the IEP cannot be challenged on these grounds.  All of this is intended to benefit the child with a disability.

So, if the law is followed on the IEP team, it is a win-win-win.

 

 

 

Relentless – A Michigan Man

I’m going to tell you something about myself, but first I’m going to tell you a story.  You’ll wonder for a paragraph or two where this is going, but stick with me.  You will learn why this post is on my special education law blog.

What is a “Michigan Man”?

There are many articles and blog posts and other sources that try to explain this undefinable quality.   In “What Does It Mean To Be a ‘Michigan Man’?”, author John U. Bacon (a frequent writer about things Michigan, including the football team), admitted that “ultimately, to define it, I have to resort to Supreme Court Justice Potter Stewart’s description of pornography: ‘I know it when I see it.’”

He’s right.  And you have to be a Michigan Man to understand why he’s right.  First, you need a deep association with the University of Michigan (no, not that silly green and white agriculture college in East Lansing, but the Maize and Blue Wolverines of Ann Arbor).  [Note: I hate when after telling people where I graduated, they say “Oh, yeh, Michigan State.” Grrrrr.]

Not this!

Second, you need a passion about doing good work.  That passion requires hard work, sound ethics, and a focus unmatched by competitors.  This quality could be no better demonstrated than in the Amazon Show “All or Nothing: The Michigan Wolverines”.  [Outstanding television if you haven’t seen it yet.]

You strive to be a champion in everything you do, but you are not arrogant or presumptuous in that effort.  Perhaps, most importantly, you must be RELENTLESS.  Opponents always want to take you down and if you let your guard down for a moment, they will defeat you.  [Much like Michigan’s loss to Division II Appalachian State in 2007.]

You must be relentless to be a Michigan Man.

What Has This Got To Do With My Law Practice?

I am a very proud 1984 graduate from the University of Michigan’s College of Literature, Science & the Arts.  I received a Bachelor of Arts degree with a double major and a double minor.  I guess even in my undergraduate studies I was eager.

I don’t pretend to satisfy all of the qualities of a Michigan Man, but I will admit that is my goal.  That is where the practice of law, especially in the area of special education, comes into play.

I am relentless – in my search for justice; in representation of my clients; and in enforcing special education legal rights.

To my clients: Know that I will be relentless on behalf of you and your child with a disability.  If a school district is not meeting the requirements of the law, I will fight to change that so they come into compliance.

To my adversaries: Know that I will be relentless against your tactics.  I have been in litigation for nearly all of my 30 years of practice.  I have witnessed every strategy and method by opponents to try to get clients to back down.  [Some lawyers call this a “Scorched Earth” approach, because the lawyer will try anything – including burning everything – in order to get a favorable result.]  It won’t work with me.  I won’t give up.

Why?

Because I’m relentless.  Because I strive to be a Michigan Man.

 

 

Put Communications Between Teachers and Parents in the IEP

A new tactic being used by schools against parents of children with disabilities is to require / funnel all communications with the school through one person, usually the case manager.  We’ve seen numerous questions by parents if this is illegal or whether parents can request two-way communication be listed as an accommodation in the IEP.

Yes it is, yes it can and it should be.

But you won’t find the requirement in IDEA.  You’ll find it in ESSA.  Read on.

Not in IDEA

IDEA does not have a requirement or regulation that says that there should be ongoing communication between teachers and parents of children with disabilities.  Probably because Congress felt that such communication was basic common sense and they wouldn’t need to actually write it into a law.

What IS in IDEA is the following:

IDEA guarantees parents and their child with a disability numerous legal rights identified as “Procedural Safeguards”.  See 20 U.S.C. §1415; 34 C.F.R. §§300.500-520.  The U.S. Supreme Court has held that it is not only the child with the disability that has legal rights under IDEA, but the parents are also entitled to assert legal rights on their own behalf under IDEA.  Winkelman v. Parma City School Dist., 550 U.S. 516, 127 S.Ct. 1994, 1996 (2007).

One of the key Procedural Safeguards is “an opportunity for the parents of a child with a disability . . . to participate in meetings with respect to the identification, evaluation, and educational placement of the child.”  20 U.S.C. §1415(b)(1); 34 C.F.R. §300.501(b)(1) (emphasis added.)  The parents of a child with a disability are mandatory members of the IEP Team.  20 U.S.C. §1414(d)(1)(B)(i); 34 C.F.R. §300.321(a)(1).  Indeed, “the concerns of the parents for enhancing the education of their child” is critical in developing the child’s IEP.  20 U.S.C. §1414(d)(3)(A)(ii); 34 C.F.R. §300.324(a)(1)(ii); see also Honig v. Doe, 484 U.S. 305 (1988); Schaffer v. Weast, 546 U.S. 49, 53, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005) (Parents play “a significant role” in the development of each child’s IEP.)

Parental participation in an IEP meeting is so vital, it is set forth twice in the IDEA regulations.  34 C.F.R. §§300.322(a), (c) and (d) (emphasis added); 34 C.F.R. §300.501(b)(1).

But that is all concerning parental participation in the development of an IEP.  These provisions don’t discuss the daily, ongoing communication with the school.

Now, we look at ESSA . . .

ESSA

In 2017, Congress passed and President Trump signed the Every Student Succeeds Act, 20 U.S.C. §6301 et seq. (2017) (“ESSA”).  This was an amendment of the prior No Child Left Behind Act (“NCLB”).

The ESSA guarantees parents of a child with a disability to participate “in regular, two-way, and meaningful communication involving student academic learning and other school activities” and “play an integral role in assisting their child’s learning.” To accomplish that goal, parents are “encouraged to be actively involved in their child’s education at school . . . [and carry] out of other activities, such as those described in section 1116.” 20 U.S.C. §7801(39) (emphasis added.)

The activities referenced in “section 1116” state that parents may engage in to participate in their child’s education include, inter alia, ongoing communications between teachers and parents and classroom observation. 20 U.S.C. §6318(d) (emphasis added.)

Put Two-Way Ongoing Communication in Your Child’s IEP

Thus, since Congress deemed this so important that they wrote it into law, it is important enough to make it part of your child’s IEP.  Show them the law quoted above.  (Maybe even print out this article and bring it to the IEP meeting.)  Tell them that you want this accommodation written into the IEP, especially if the school is trying to deny this right of access.

I’m quite sure that even teachers would welcome such ongoing dialogue.  The key is not to abuse this right – don’t contact the teachers several times every day.  Be reasonable as teachers have other students and their parents to meet this obligation.  But, if you do so reasonably, there is no legal basis for a school to block such regular and common sense communication.

It’s no longer just common sense – it’s now the law.

 

Bullying and the Gebser Letter

You probably know what bullying is. You may not know what a Gebser Letter is or what it does. Sit down, grab your cup of coffee and read on.

The Effects of Bullying

First things first. It is now widely accepted as fact that children with disabilities are more likely to be bullied than their neurotypical and able-bodied peers.  About 20% more likely, to be precise.  A study was performed by Chad Rose of the University of Missouri College of Education and Nicholas Gage of the University of Florida examining 6,500 students from K-12 during the years 2011-13.  Although the study did not include online bullying (which has now become more pervasive through social media), it found that students with disabilities were bullied more than other kids particularly in grades 3 through high school graduation.

More about the study can be found in this excellent article “Disabled children more likely to be bullied during school years, study says” by HealthDay News.  There is even more helpful information on the statistics on bullying and harassment of students with disabilities at the National Bullying Prevention Center’s website.

It is also now widely accepted that bullying negatively affects a student’s ability to learn.  It directly impacts that student’s education.  The U.S. Department of Education’s official blog published an article called “Keeping Students With Disabilities Safe from Bullying” that highlighted a 2013 Guidance Letter on bullying.  A year later, the USDOE’s Office of Civil Rights issued an even stronger Guidance on how schools should handle bullying.

What is a Gebser Letter?

In 1998, the U.S. Supreme Court issued its opinion in a case titled Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), in which Justice Sandra Day O’Connor wrote the opinion for a divided court.  The Court decided that under Title IX, you cannot sue a school district for damages for bullying or harassment unless you have notified a school official who has the ability to take corrective measures on the district’s behalf of the misconduct and the school district is “deliberately indifferent” to the notice.

Out of that case came the very simple concept of preparing a letter – a so-called Gebser Letter – to provide the proper notice to the school.  The only question was whether the school then acts with deliberate indifference to the conduct.

This case emphasizes our constant mantra in special education law – If it ain’t in writing, it never happened. Document everything!

We strongly urge you to consult with a lawyer on the proper format and language of a Gebser Letter and/or if your child has a disability and is the victim of bullying.  We have provided a form Gebser Letter in our packet of special education legal forms, which are FREE to download, but remember that these forms do not constitute legal advice and are not a replacement for consultation with a lawyer in your state.  But the letter could get the ball rolling for your child and you.

Free Special Ed Legal Forms on SchoolKidsLawyer.com.

You can also have a 30 minute consultation with us for $100 to discuss your child’s case.