28 May 2008
After reading this blog for a while, you might be aching to become a hearing officer yourself. Although I have chronicled some of the trials and tribulations of my fellow hearing officers (for example, I have been at conferences where some people spit on the ground when told that I'm a HO; and I have contended that Rodney Dangerfield is the patron saint of due process HOs- "we don't get no respect"), I nonetheless continue to believe that the hearing officer plays a crucial role in the system of dispute resolution applicable to special ed law. Usually the only "trial" available to the parties is before the hearing officer. Wide discretion is generally available in terms of how to conduct the hearing process. To effectively perform this extremely important job requires a high level of integrity, intelligence, common sense and an ability to maintain an even temper. Most due process hearing officers I have met around the country meet or exceed these high level qualifications.
If you'd like to become a HO, Washington DC is hiring a number of full time and part time due process (i.e., special ed) hearing officers. If anybody is interested in reviewing the Request for Qualifications you should go to
www.ocp.dc.govthen click on Business Opportunities, and
click on List All Opportunities, there you should search for and click on
Request for Qualifications (RFQ) No.: RFQ DCGD-2008-R-0014. There you can download the RFQ.
The deadline for receipt of applications is 2:00 pm on June 23rd. Good luck to those who would join our unusual, yet important, fraternity.
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The UK incarnation of the Reading Reform Foundation provides a glimpse into some of the thinking supporting systematic and synthetic phonics. Here’s clip from it’s home page:
You are entering fascinating territory as these are very exciting times regarding the debate on how best to teach beginning reading in English-speaking countries. English is taught in many [...]
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Wheeeheee! Over on the Skeptic’s Dictionary, Robert T. Carroll has a take-down and pin of Brain Gym. The contemporary incarnation of some ideas that were thoroughly discredited in Learning Disabilities in the 1970s, Brain Gym is making something of a splash. Shoot, it even appeared in one of my Curry School colleague’s classes for a [...]
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27 May 2008
In a systematic review of the research about parent training, Jennifer Wyatt Kaminski and colleagues of the US Centers for Disease Control identified factors that contribute to the effectiveness of programs that help parents manage the problematic behavior of their children. Of the 18 factors that they examined, only five proved to be important. Parent [...]
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26 May 2008
What would you say if I told you that glasses could help your child's dyslexia? Yes, glasses. Dr. Robert Dahlem, in an effort to help his own dyslexic son, has created glasses (called RAD prism) to...
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Liz Ditz has a post noting today’s status as “International Dyscalculia Awareness Day, Today.” Read it here.
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April is Autism Awareness month. It’s a good time to stop and reflect on how much we have learned from systematic and dogged research over the time since I first became aware of Autism. In the mid 1960s, I was already working with some children who had received that diagnosis, but knowledge about it was [...]
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23 May 2008
HEAD, DEPARTMENT OF SPECIAL EDUCATION
COLLEGE OF EDUCATION
UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
Position: The Department of Special Education at the University of Illinois at Urbana-Champaign seeks a full-time tenured Professor of Special Education, who is an established scholar with effective leadership and administrative qualities, to serve as Head of the Department. ...
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The folks at The IRIS Center, a national center that provides resources for teacher educators concerned with students with disabilities, announced the availability of a dictionary of terms used in special education. It's online and free!
We at the IRIS Center are pleased to announce the re-launch of the IRIS Online ...
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The folks over at The Arc are searching for a senior administrator for TheArcLink, the organization's means of providing resources for individuals with disabilities and their families so that they can make informed decisions about services and participate actively in their communities. Here's a brief version of the announcement:
This key ...
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Lee Swanson passed along this announcement:
A four year Post-doctoral training grant funded by Institute of Education Science, U. S. Department of Education, has been awarded to the University of California-Riverside. The Post-Doctoral support focuses on Methodological Training in Instruction, Reading, Math and Cognition Research for Children with Learning Disabilities.
Abstract ...
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Virginia Institute for Autism (VIA) is searching for an individual to assume responsibility for programming educational environments for children and youths with Autism. Here's VIA's description of the position.
The Virginia Institute of Autism (VIA) in Charlottesville seeks a Chief Program Officer committed to evidence-based practice and the principles of applied ...
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B. Cook, J. Lloyd, M. TankersleyJanet Lerner, editor of Learning Disabilities: A Multidisciplinary Journal, sounded a note of congratulations:
Congratulations to Bryan G. Cook and Melody Tankersley for receiving the James M. Kauffman Publication Award for their special issue of the journal, Learning Disabilities: A Multidisciplinary Journal. Bryan Cook and ...
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Here's a opportunity for professional development. It's slated for 10-14 June 10 at the Holiday Inn By the Bay in Portland, Maine.
20th Annual Postsecondary Disability Training Institute
The objective of this Training Institute is to assist dedicated professionals to meet the unique needs of college students with disabilities. Participants ...
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The Council for Exceptional Children generated a graphic that allows one to see the relative US federal funding for research in various areas. It's a pretty clear indication of the importance attached to addressing the improvement of education, no? I've linked a larger version of the file to the image ...
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Here's a position announcement for someone to fill the duties of director of the research arm of the U.S. Department of Education Office of Special Education and Rehabilitation Services.
The following OSERS vacancy announcement(s): Supervisory Education Program Specialist, GS-1720-15 located in the Office of Special Education Programs, Research to Practice Division, ...
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The IRIS Center, a resource for teaching about special education and disabilities, announced the availability of new materials.
The IRIS Center, in collaboration with the PACER Center, is proud to present the latest addition to its growing family of online interactive modules: Collaborating with Families.
Claire Morgan, principal of M. T. Watkins ...
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A multi-institution research team has discovered that rare mutations, which probably affect development in the human nervous system, may significantly increase the risk of schizophrenia. The researchers found that adults with schizophrenia or schizoaffective disorder and youth with childhood onset schizophrenia (COS) were 3 to 4 times more likely to have rare structural variants that [...]
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Over on Teachers at Risk Elona Hartjes has a post worth a read. In “Strategies for dealing with kids who get physcially aggressive with teachers- Part 1- Establishing the classroom climate,” Ms. Hartjes explains the value of creating a positive environment with adolescents, including establishing rules (though she prefers to call them “agreements”). Read the [...]
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21 May 2008
Anthony Di Salvo, Executive Director for Sprout, sent this info about the annual festival of film related to the field of developmental disabilities. Others might want to know about it. Please pass the word along to them.
The Sprout Film Festival, showcasing films related to the field of developmental disabilities, will ...
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19 May 2008
Is your ADHD/LD teen a reluctant reader? Wondering how you can encourage her to read a few good books over the summer break? How does getting the book for free and then having the opportunity to...
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Although the paper was published several years ago, it is worth noting. It may not be news, but it forms part of the fabric one has to consider in thinking about the nature of dyslexia. Read this in the context of other stories (e.g., this one) about genetic bases for dyslexia.
A candidate gene for [...]
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17 May 2008
Tick Task
A New Time Management Solution for Children The product review for this item has been moved to its permanent location on my companion blog, ADHD & LD Product Reviews.
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16 May 2008
Yep, with a little help from friends, I’m about to post Bogus Bowl IV. That means that BB III will soon close. Now, in football one doesn’t get to vote for the winner of Super Bowl I, II, IV, XXVII, MCII, or IIIVMC,; those have been decided. But, it’s late in the 4th quarter for [...]
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The federal Department of Education has published another Notice of Proposed Rulemaking (or NPRM). These will become federal regulations unless the DOE is persuaded by public comments to make changes. This may sound esoteric, but it is very important in the realm of special education law. Federal regulations have the force and effect of law unless overturned by a court of competent jurisdiction. Moreover, under general principles of administrative law, the commentary surrounding the reasoning for the regs is also entitled to some deference.
The new regs relate to consent and lay representation of parties at due process hearings. There are also changes regarding monitoring and allocation, but I'm only going to discuss the two major topics. The consent regulations are being changed to permit parents whose child is already receiving special education and related services to revoke the consent. In this situation, the school district would no longer be able to invoke the procedural safeguards, eg. mediation or due process hearings, to override the lack of consent. Proposed 34 CFR Sections 300.9 and 300.300.
The lay representation reg also represents a change in the DOE's interpretation of the law. OSEP had previously taken the position that lay advocates may represent parents in due process hearings, including asking questions of witnesses, cross-examination, filing briefs, etc. The Department has now backed off that position. Instead, it repeats the statute to the effect that a parent may be accompanied and advised by an advocate at hearing, but that whether parents have the right to be represented by non-attorneys at due process hearings should be determined under state law. Proposed 34 CFR Section 300.512(a)(1).
In the docket ID column on that website select ED-2007-OSERS-131. It is important that all concerned submit comments to the Department concerning the proposed changes. The comment period ends on July 28, 2008. Any comments must be received by that date.
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We ran a post last week about disability discrimination involving a school inclusion choir. It is interesting how people watching the same event can see many different things.
We have heard from some folks this week who don't think that there was any discrimination at this event. They tell us that there were two choirs, one for grades 6 to 9 and one for grades 10-12, and that the vest was the uniform for one age group- not the uniform for nondisbaled peers. They also say that one whole choir sat down for the second song, not just the kids with disabilities. Moreover, they assert that many of the kids in both choirs had disabilities that may not be visible, such as LD or hearing impairment, so that it would be impossible to visually identify them.
I'm not sure I understand why one choir had to sit down during a performance, but this explanation would negate any discrimination. If there was no discrimination, I apologize for calling it such. Obviously, if I didn't miss discrimination, I wouldn't feel so bad.
I'd like to investigate this matter further. I'd like to hear from others who were at this event about what they observed. Was there disability discrimination? Maybe a dialogue about what happened at this event and how it is being perceived would be a the beginning of a larger dialogue about the treatment of people with disabilities in this country. The presidential campaign this year has opened dialogues on the issues of race, gender and religion. Maybe we should also think some about disabilities. What are your thoughts on this topic?
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The International Association of Special Education (IASE) will hold its 11th Conference in Alicante, Spain, from July 12 to 16, 2009.
You can submit a proposed presentation at www.iase.org (and you are able to submit it on-line). Presentations will take place from July 13 to 15, 2009.
Alicante, Spain, is a beautiful ...
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14 May 2008
The Division for Research of the Council for Exceptional Children (DR-CEC) awarded Michael Coyne, of the University of Connecticut, its 2008 award for distinguished achievement in research about special education. This prestigious award recognizes Professor Coyne’s substantial contribution to understanding individuals with disabilities and the provision of services to those individuals. According DR-CEC,
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Michael F. Shaughnessy has published responses by Reid Lyon, one of the architects of Reading First, to questions about the “Reading First Impact Study: Interim Report” by Beth Gamse and colleagues. Here’s a link to his comments. They are wide-ranging and detailed.
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The US Institute for Education Sciences released an important report about the effects of Reading First program at the end of April. In the report, “Reading First Impact Study: Interim Report,” Beth C. Gamse and colleagues describe the methods and findings of a study mandated by law to examine the effects of the RF program [...]
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This time the folks at “Weapons of Math Destruction” have raised the spectre of the Follow Through study of early education models. The cartoon characters (has a ring to it, doesn’t it?) are examining a graph showing the results of a comparison of alternative models of instruction.
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One of the folks at the Access Center wrote to me a while ago to promote its Web presence. There are some free resources available, and some readers might find them instructive.
The Access Center: Improving Outcomes for All Students k-8 (www.k8accesscenter.org), [is] a federally funded national technical assistance center. I am taking this [...]
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Don Hirsch published an editorial in Education Week that tells it true. We need, he argues, to place a greater emphasis on what and how we teach during children’s early school years. Of course, he champions his recommendation for adopting a clear curriculum during the early years, too. But, the big idea is that the [...]
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Over on d-edreckoning, Ken De Rosa has a wonderful post explaining how some widely discussed educational constructs fail to have the impact that teaching effectively has. He’s constructed normal curves showing the relative effects of class size and socio-economic status on the average achievement when low-level achievement is the base.
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The federal Ninth Circuit Court of Appeals has issued a decision in
Forest Grove School District v. T. A., No. 05-35641 (April 28,2008) that holds that a student need not first receive special education services before his parents may be awarded reimbursement for tuition for a unilateral placement. The court could have distingusihed this case as an eligibility case, but NO, instead it chose to align itself with the Second Circuit and its decision in Tom F. There is some very good language in the opinion about the equitable powers of courts, and presumably hearing officers, under the Burlington decision to remedy violations of denial of FAPE. You can follow the reasoning of the Ninth Circuit decision at
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F83F9960BF554187882574390057E776/$file/0535641.pdf?openelementYou may remember the
Board of Education of the City of New York v. Tom F. nondecision by the United States Supreme Court last October. The Court affirmed the decision of the Second Circuit by upholding the ruling that a parent of a student with a disability may seek reimbursement for a unilateral placement in a private school even though the student never received special education services from the public schools. The decision of the court has no precedential value outside the Second Circuit because Justice Kennedy recused himself and the remaining justices deadlocked 4 - 4. A copy of the one page decision may be found at
http://www.supremecourtus.gov/opinions/07pdf/06-637.pdf
The First Circuit has reached the contrary conclusion. Some special ed law pundits have pointed out that one must periodically consult a map of the federal circuits to determine what the law is where they are. They decry the lack of consistency and certainty.
In the broader context though , special education law is new law. When lawyers talk about new law, we mean anything that didn't travel over on the boat from England. Special ed law began in the 1970's. It is brand new law. Like other kinds of new law, there is a certain amount of public policy mixed in with congressional mandates and judicial and administrative decisions. One won't find many hornbook rules as in, say, contract law. Because special ed law is new law, however, these sorts of stops and starts are to be expected. They may, in the long run, be good. While I sympathize with teachers and principals who are trying hard to implement rules that we cannot even get the federal circuits to agree upon, I, nonetheless, believe that these things are necessary as this new body of law grows. So fasten your seat belts and place your tray tables in their upright positions. Hopefully, the oxygen masks will not be necessary.
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12 May 2008
The International Society for Autism Research (INSAR), in collaboration with Wiley Interscience, announced the publication of a new journal on Autism, Autism Research. The International Society for Autism Research is an organization of scientists and professionals who want to advance our understanding about Autism, including autism spectrum disorders such as Autism, Apserger Syndrome, and Pervasive [...]
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Well, folks, I closed the poll about bogus reasons for not teaching effectively. It was a close contest:
That kind of instruction may be good for some students, but it just doesn’t fit my teaching style. (35%, 34 Votes)
Students will learn it when they’re ready. (33%, 32 Votes)
Now it’s time to start a new poll. This [...]
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Dick Whelan, who is one of the foundational folks in providing special education for students with Emotional and Behavioral Disorders, is going to be honored at this year’s meeting of the Council for Exceptional Children. I don’t usually quote e-mail messages from others without their permission, but I’m doing it here. Thanks to Chris Walter-Thomas [...]
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11 May 2008
[Click]
Here in central Virginia, we are fortunate to have many marvelous neighbors and entertainment activities. In a nifty coincidence, two of those are connected. The Virginia Institute of Autism (VIA) is taking advantage of author Jeffrey Cohen visiting C’ville for the Virginia Festival of the Book at the end of March 2008. As illustrated at [...]
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I posted a new entry in the series about disingenuous reasons educators use in explaining their practices. This one is predicated on contemporary rejection of testing. Follow this link to cast your vote.
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9 May 2008
V. Dion Haynes
Washington Post
Dear Mr. Haynes,
In your article about changes in the administration of special education in Washington (DC, US), entitled “Special-Ed Getting New Computer System, Staff” appearing 27 February 2008 on page B04,” you used the term “Learning Disabilities” as a generic reference for students with various other, legally recognized disabilities. [...]
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8 May 2008
At Translating Autism N. L. Lopez-Duran posted a note explaining why he retracted a statement about evidence failing to support a link between vaccination and Autism. In the note, Professor Lopez-Duran explained that he didn’t want to taint his blog with hints of advocacy, hoping to preserve it as a source of information that parents, [...]
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7 May 2008
Former “reading czar” G. Reid Lyon has responded to questions posed by Michael F. Shaughnessy about the U.S. Reading First program. As those who have been paying attention know, the federal foray into guiding schools to use scientifically based reading instruction ran into rocky allegations of malfeasance, allegations that at least one reporter has questioned [...]
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I consider myself to be an aware person. I feel like I'm attuned to the problem of discrimination. An event this week makes me wonder how aware I really am.
I was attending a special ed law conference this week. The organizers arranged entertainment for a luncheon that included an "inclusion choir" from a local school. They sang three songs. Like almost everybody in the overcrowded audience, I was feeling really good about the inclusion of kids with disabilities in the choir. I thought that this was a feel good moment. I joined in the standing ovation for the choir.
After the luncheon, I had a conversation with an advocate for kids with disabilities. She asked me whether I had noticed anything unusual about the choir's performance. I said yes, the choir included children with disabilities. Wrong answer.
The advocate informed me that the disabled kids were dressed differently (no black vest) than their non-disabled peers. Moreover, all of the disabled kids sat down and did not sing at all during the second of three songs. Yikes! These were two pretty blatant examples of disability discrimination. I was at a conference about disability law, and yet I completely missed both incidents. This leads me to wonder just how much I miss. Talk about feeling like a brick wall just fell down on your head.
One must see discrimination as it occurs before one can work to stop it. Unfortunately, unless one is properly attuned to a problem, it is difficult to even see it while it is happening. I plead guilty, but I'm going to try to learn from this incident. Maybe it's a baby step, but awareness is where it all begins.
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In “Juvenile prison system needs reform, lawyers say: Advocates urge a judge to appoint a receiver to take over a system they say remains broken despite long-standing promises to fix it,” Michael Rothfeld reports that lawyers told a judge that long-standing problems with prisons for California youth apparently have failed and more drastic action is [...]
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Writing for the Boston (MA, US) Globe under the headline “Seeking a kinder word for failure: Schools’ morale front and center,” Tracy Jan reported that Massachusetts school officials have debated what words to use to describe schools were too many students fail. Check this lead:
To soothe the bruised egos of educators and children in lackluster [...]
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This past December my family and I relocated from South Carolina to Virginia. My very first concern, before even finding a house, was locating a school for my ADHD/LD son. It did not matter where the...
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5 May 2008
Over on I Speak of Dreams, Liz Ditz has an extended post examining views about black cultural learning styles. She makes her way through much of the smoke and mirrors of the arguments, providing readers with a well-worth-the-read analysis. Link to it.
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Hello readers! I know you've stopped by today to read the latest post about ADHD and/or LD and I thank you for that. This is just a brief interruption in the regular schedule I promise. Then, you can...
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As part of my work with SelfDesign,(SD) I receive reports weekly from parents about their learners' experiences during the week. It's a really fun part of the job because the reports act as a dialogue, and I respond in writing each week. It's like writing letters back and forth about the learners. I hear about their triumphs, their trials, their challenges, and their reactions to things going on around them. I can offer observations, advice if it's asked for- support and I get to be the cheering section much of the time.
When I was in the system, we had Agendas, Ministry issued dayplanners for kids- and often it became a back and forth book for some students who needed extra support with organization. The weekly reports in SD allow much more meaningful communication about the learner- more than just keeping track of homework. (which happily doesn't exist in SD!) Of course- I don't have a teaching load so I have the time to do the writing- and also it is what I get paid to do.
Imagine my happy surprise when this week I received a report written completely by E- the student who did the reading clinic with me over the internet! If you recall, she really struggled with reading and writing... the format was slightly different from the usual, in that it was far more whimsical and involved answering questions designed to inspire ( ex:"What made your heart flutter this week?" We have the most amazing learning consultants- and one creates report templates now and then to change things up and to encourage everyone to think about learning in a different way. This report was using one of her templates.) I was tickled that E. was able to, and wanted to send her own report. It was a really special exchange.
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