Special Education Today

31 July 2009

HAPPY BIRTHDAY SAUDIA!

Filed under: life — Leila @ 5:08 pm

Happy Birthday Saudia! Today is one of my sisters birthdays. She’s 43! I cannot believe we are so old. There are so many birthdays in my family the month of July (15 and counting). We’re having a family party tomorrow @ Saudia’s house. We’re going to eat and have fun. Too bad you can’t be there.

Resource Update




Occasionally I run a post updating some of the resources that are available through this blog for people with special education issues. The resource items are found on the left-hand side of the blog. The most important thing is to subscribe to the blog. In the internet world, there is credibility in numbers, so please spread the word. We now have a large number of subscribers and that makes it easier to be taken seriously. Maybe if enough people subscribe, the next candidates for president will answer our inquires. There are three ways to subscribe and all are absolutely free. One is to receive our posts by email. The second way involves obtaining our posts through an
RSS reader or aggregator. The third method only works if you have a blog or website. If so, you can embed a special ed law blog widget (or blidget= blog widget) directly in your own blog or website. A big thanks to all subscribers.

My Twitter mini-posts or "tweets" also appear on the left-hand side of the blog. A number of people also follow us on Twitter.

The section entitled Helpful Links includes direct links to several federal government sites, including IDEA.gov, that includes a searchable data base with the federal statute and regul as well as ationsOSEP guidance documents. Other links include the NICHCY information clearinghouse and the CADRE website for special ed dispute resolution. If you use Facebook, there is a link to the Facebook special education law group. Among the other social network special ed law groups linked there are the Ning group and the LinkedIn group. These groups offer additional resources and very active discussion groups.

Under the Heading Other Education Blogs are links to some really good education blogs that I read and enjoy. I am very selective in adding links to this blog. I believe that the ones listed are of very high quality and usefulness.

There are also registration links to conferences that I recommend. There follows a blidget carrying the headlines of the Daily Smart Brief by the Council for Exceptional Children. (This is an example of one type of blog widget.) A link to the daily education news and blogs carried in Blognetnews follows.

The Archive for this blog and the blog search tool are handy when you may be looking for information on special education law. Just type in a word or phrase and you will get results of posts that may have mentioned the key word or phrase. This is a nice research tool.

The "Important Please Read" disclaimer is very, very important. I am an impartial. I work as a hearing officer or mediator, and as a consultant for states and a conference speaker. I never represent parents/students or school districts. For the same reasons, I avoid cause invitations and social network groups that appear to advocate for one side or the other. I think that my impartiality adds credibility to this blog as well as to my work.

In addition to my impartiality, and for important legal reasons, I can never give legal advice or discuss actual situations or personally identifiable information. I often suggest that readers make a comment or join one of the group discussions. Although I cannot give advice, other readers or group members may well have suggestions. With the large number of diverse groups of stakeholders who subscribe to and read this blog, help may be a comment away. Almost all readers who have contacted me understand these reasons for my not giving advice, and I thank them for their understanding.

After some information about me and some photos of me being a hearing officer, are our periodic polls. These are fun exercises but they are not scientific polls or anything approaching that level of sophistication or measurement. But they do show intensity on some issues as well as the diversity of our readership. The current poll question is: Given the recession, should cost/money be a defense in special education cases. Please exercise your right to vote.


Snyder on Sears

Filed under: Uncategorized — EBD Blog @ 10:51 am
Over on Science-Based Medicine, John Snyder has an extended post that systematically analyzes the assertions of Robert Sears about vaccinating children. The title is “Cashing In On Fear: The Danger of Dr. Sears.” Highly recommended.

Following Danny Watt’s story

Filed under: Uncategorized — EBD Blog @ 8:45 am
Tom Jackman’s article about Danny Watt to which I referred a few days ago (see this post) is generating a lot of discussion on the Post’s Web site. The comments on Mr. Jackman’s story are informative. For example, at least a half dozen mention having a family member with mental illness. Link to the comments.

Hempenstall on phonics and whole language

Filed under: Uncategorized — Teach Effectively! @ 2:02 am
Over on Ed News, Kerry Hempenstall has a paper examining the phonics-vs-whole-language question that vexed educators for many years in the late 1900s. With his typical appreciation of irony, Professor Hempenstall recounts in one place many of the disparate factors that affected that “great debate.” Here’s his abstract: Over the past twenty years, there has [...]

30 July 2009

Engelmann explains

Filed under: Uncategorized — Teach Effectively! @ 7:22 am
Zig Engelmann, progenitor of Direct Instruction (DI), has posted a video of a talk he gave earlier this month. The presentation is an explication of the underlying principles of DI, “Theory of Direct Instruction.” In the presentation (video below the jump), Mr. Engelmann shows some of his chops from his undergraduate degree in philosophy. He starts [...]

Media matters

Filed under: Uncategorized — EBD Blog @ 7:22 am
The recent posts about news coverage of mental illness (e.g., “Danny Watt’s Story” and “Jani Illustrates Troubles“) has had me thinking about how popular media portray these problems. Over on Psych Central, Margarita Tartakovsky has an article entitled “Media’s Damaging Depictions of Mental Illness” that I recommend to readers of EBD Blog. In addition to [...]

29 July 2009

CORRECTION: The Bad Economy and the Law

As some alert readers have pointed out. My recent post on the bad economy and the law contained a serious typographical error. I left out the word "not." Yes, that is a very bad error.

In my discussion of the decision by the United States Supreme Court in Cedar Rapids Community Sch. Dist. v. Garret F. 119 S.Ct. 992, 29 IDELR 966 (1999) I mistakenly said that the cost of services could be a defense to a violation of IDEA. In fact the ruling of the high court was just the opposite. The supremes emphatically rejected the argument that cost could be a defense.

I apologize for the error. I hope that my proofreading error has not caused any inconvenience.

I remain interested in your opinions concerning expense or cost as a possible defense to an IDEA violation. Also I'd really like to hear about any cases in which cost is raised as a defense or where you suspect that cost is a factor in the decision-making.

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28 July 2009

CHILDREN LEARN WHAT THEY LIVE by D. Nolte

Filed under: teaching — Leila @ 5:38 pm

CHILDREN LEARN WHAT THEY LIVE

If a child lives with criticism, he learns to condemn.
If a child lives with hostility, he learns to fight.
If a child lives with ridicule, he learns to be shy.
If a child lives with shame, he learns to feel guilty.
If a child lives with tolerance, he learns to be patient.
If a child lives with encouragement, he learns confidence.
If a child lives with praise, he learns to appreciate.
If a child lives with fairness, he learns justice.
If a child lives with security, he learns to have faith.
If a child lives with approval, he learns to like himself.
If a child lives with acceptance and friendship;
he learns to find love in the world.

by Dorothy Law Nolte

AAP and AAO on vision therapy

Filed under: Uncategorized — LD Blog @ 3:39 pm
window.onload = function () { var q = (document.URL); document.getElementById("mptplayer").src += q; } Interview with: Walter M. Fierson, MD, Chair of Learning Disabilities Subcommittee of Ophthalmology Section, American Academy of Pediatrics In “Groups Assail Vision Therapy as Remedy for Learning Disabilities,” Crystal Phend of MedPage Today reported that the American Academy of Pediatrics and American [...]

Danny Watt’s story

Filed under: Uncategorized — EBD Blog @ 8:48 am
The parents of Daniel Watt, a youth who had multiple problems, told the story of their son’s life and suicide. Tom Jackman of the Washington Post reported the story of Danny and his parents, helping explain some of the problems of addressing the needs of children with multiple diagnoses—co-morbid schizoaffective disorder and substance abuse, in [...]

Expedited Due Process Hearings in Discipline Cases

As many of you know, some due process hearings must be expedited, Specifically, in cases involving a change of placement of a child with a disability for disciplinary reasons, a request for due process hearing must be an expedited hearing. IDEA Section 615(k)(4). In other words, the hearing must begin within twenty school days of the complaint being filed. If there is no intervening summer vacation or hunting season (local color joke - insert your local version here), or snow days, that can be very fast indeed.

In its recently updated Questions & Answers Document on Dispute Resolution, the Office of Special Education Programs of the federal Department of Education, the agency that covers special education adds some new wrinkles on this matter. Most of the Q & A document is the same as the previous Q & A on Dispute Resolution, but there are two developments concerning discipline. Concerning expedited hearings, OSEP opines that the parties cannot agree to extend the deadline for an expedited hearing. This surprises me a little. The other development is OSEP's opinion that a school district can go directly to court for a safety injunction in a discipline case without first exhausting administrative remedies in a due process hearing. It will be interesting to see if courts give deference to OSEP's opinion on the issue of exhaustion. Under principles of administrative law, a court must give deference to OSEP's guidance but they are not required to afford such guidance precedential value.

The headquarters of the w:United States Depart...Image via Wikipedia


Before this recent development, some of the states I work with wondered how the IDEA'04 requirement that there be a resolution meeting figured into the scheduling of an expedited hearing. See 34 C.F.R. Section 300.532(c)(3). So I wrote to the OSEP. OSEP confirmed my reading: the resolution period of fifteen calendar days runs concurrently with the twenty school days within which the hearing must be scheduled. Letter to Gerl 51 IDELR 166 (OSEP 5/1/8). So a hearing officer must schedule the hearing after the fifteen calendar day resolution period and before the twenty school day deadline. This is complicated by the fact that the parties must disclose their hearing evidence at least five business days before the hearing. Try working that out on a calendar and then work in the calendars of two lawyers and the parties. Fun stuff.

Note that this is the only place in IDEA where all three kinds of days (calendar days= the default type unless otherwise specified; school days and business days) converge. Why not make it extremely confusing ? Why not derf days or personal hygiene days or pirate days? Seriously though why so many different kinds of days?
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27 July 2009

APBA Autism TF

Filed under: Uncategorized — EBD Blog @ 4:41 pm
For those who are familiar with the Association of Professional Behavior Analysts (APBA), this is old hat, but for others this is news: APBA has a task force devoted to services for individuals with Autism. Here’re a few words about the task force from Gina Green (Executive Director of APBA): To help us address the [...]

HAPPY 39th BIRTHDAY TO ME!

Filed under: life — Leila @ 3:00 am

As the title says, yes, it is my 39th birthday. Happy, Happy Birthday to me! Next year when I turn 40, it’s on! I’m going to have a week-long celebration!

Happy 39th Birthday to me!

Filed under: teaching — Leila @ 3:00 am

Yep, today is my 39th birthday. Happy Birthday to me! Happy Birthday to me! Happy Birthday dear me! Happy Birthday to me!

25 July 2009

My Keirsey Temperament Report

Filed under: life — Leila @ 5:19 pm

Just took the personality Keirsey Temperament Personality test. There were no surprises. Here are the results:

Your Keirsey Temperament Sorter Results indicates that your personality type is that of the

Idealists, as a temperament, are passionately concerned with personal growth and development. Idealists strive to discover who they are and how they can become their best possible self — always this quest for self-knowledge and self-improvement drives their imagination. And they want to help others make the journey. Idealists are naturally drawn to working with people, and whether in education or counseling, in social services or personnel work, in journalism or the ministry, they are gifted at helping others find their way in life, often inspiring them to grow as individuals and to fulfill their potentials.

Idealists are sure that friendly cooperation is the best way for people to achieve their goals. Conflict and confrontation upset them because they seem to put up angry barriers between people. Idealists dream of creating harmonious, even caring personal relations, and they have a unique talent for helping people get along with each other and work together for the good of all. Such interpersonal harmony might be a romantic ideal, but then Idealists are incurable romantics who prefer to focus on what might be, rather than what is. The real, practical world is only a starting place for Idealists; they believe that life is filled with possibilities waiting to be realized, rich with meanings calling out to be understood. This idea of a mystical or spiritual dimension to life, the “not visible” or the “not yet” that can only be known through intuition or by a leap of faith, is far more important to Idealists than the world of material things.

Highly ethical in their actions, Idealists hold themselves to a strict standard of personal integrity. They must be true to themselves and to others, and they can be quite hard on themselves when they are dishonest, or when they are false or insincere. More often, however, Idealists are the very soul of kindness. Particularly in their personal relationships, Idealists are without question filled with love and good will. They believe in giving of themselves to help others; they cherish a few warm, sensitive friendships; they strive for a special rapport with their children; and in marriage they wish to find a “soulmate,” someone with whom they can bond emotionally and spiritually, sharing their deepest feelings and their complex inner worlds.

Idealists are relatively rare, making up no more than 15 to 20 percent of the population. But their ability to inspire people with their enthusiasm and their idealism has given them influence far beyond their numbers.

Idealists at Work
Idealists, as a temperament, are passionately concerned with personal growth and development. They are naturally drawn to working with people and are gifted with helping others find their way in life, often inspiring them to grow as individuals and to fulfill their potential both on, and off, the job.

Your attention is naturally drawn to the individual and collective needs, desires, and experiences of people in your environment. In your ideal job, you would be able to use your inner beliefs as a guide for empowering others. Though you are comfortable with leadership, you don’t like arbitrary hierarchies. You care deeply about people as people, and often feel that maintaining official role boundaries interferes unnecessarily with both communication and progress.

The four types of Idealists are:

Champion (ENFP) | Healer (INFP) | Teacher (ENFJ) | Counselor (INFJ)

Of course, I am the Teacher- Extroverted, Intuitive, Feeling, Judging. Yep, that’s me!

Florida Autism Conference

Filed under: Uncategorized — EBD Blog @ 4:09 pm
Over on Behavior Mod Info there’s a post describing an up-coming conference on behavior analysis and Autism. Link to the post.

Seclusion and restraint on Parade

Filed under: Uncategorized — EBD Blog @ 12:08 pm
Parade Magazine, the insert into millions of Sunday newspapers in the US, carried a brief piece about seclusion and restraint in the versions to be delivered 26 July 2009 (available on line 25 Jul 2009). The piece doesn’t present anything new, but we can hope that it helps to sustain concern about providing appropriate treatment [...]

24 July 2009

Artwork by boy with cerebral palsy tours nation

Filed under: Special Education, cerebral palsy — ms.angala @ 4:39 pm
Alex McKay, 12, paints during his art class at Monart School of Art.

Not every artist can claim a national tour for their works, but Alex McKay, a 12-year-old artist with cerebral palsy, can say that of his drawing of a car in the "Celebrating Who I Am" exhibition. Painting is therapy and a creative outlet for Alex, his parents and teachers say. Alex, who uses a motorized wheelchair, has developed special techniques to compensate for muscle weakness while painting and drawing. Pittsburgh Post-Gazette

Girl Scouts honor girl for helping classmates with autism

Filed under: Autism, Special Education — ms.angala @ 4:36 pm
Shannon Elizabeth Evans of Cary, N.C., earned the Girl Scouts' highest honor, the Gold Award, in recognition of her work with students with autism at her high school. Evans developed and administered programs to improve physical and social skills for students with autism, working with them one-on-one for two months. The News & Observer (Raleigh, N.C.)
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