Special Education Today

10 March 2010

Poll Nearly Deadlocked: What Would You Change About IDEA?

The United States Capitol in Washington, D.C..Image via Wikipedia



Our ongoing poll is turning out to be a tight race. The question is what should be changed about IDEA. Currently there is only a five vote difference between the top five choices. The poll is on the lefthand side of the blog. Be sure to make your voice heard. Vote!

Special education law is a cycle of ever-changing requirements. Reauthorization of IDEA is now overdue. For relative newcomers, the cycle of special ed law is as follows: the law is passed by Congress, OSEP adopts regulations, the states adopt regulations, all of these are interpreted in hearing officer decisions and court opinions. Then just when we are starting to get comfortable (insert comfort joke here), Congress reauthorizes the law with many amendments, OSEP makes new regs ... This cycle is then repeats indefinitely.

I understand that the economy and health care might push reauthorization to the back burner for a while, but now is the time to start thinking about what changes we might welcome in the special education law. The good part of the "ever-changing" character of the law is that we can ask for changes just like the other players.

So I'm asking you - what would you change in IDEA? I know that many of you have strong opinions on transition planning and related issues. What else should be changed? I am considering requesting a change in the adversary nature of due process hearings and will continue a previous series of posts on that issue to try to flesh out the alternatives a bit more. Do you agree these changes should be made?

How about the Rowley standard? Should the meaningful educational benefit = appropriate standard be changed? Would you have the Congress reverse the other recent high court decisions: Weast (burden of proof in a dp hearing); Murphy (expert witness fees awarded to prevailing parents); Winkleman (parents can represent themselves in federal court on dp hearing appeals) Forest Grove (enrollment in public school as prerequisite to reimbursement for a private placement.)

Should attorney's fees be addressed?

How about Response to Intervention - is it working well as a means of identifying specific learning disabilities? Should it be expanded?

How about NCLB as it applies to kids with disabilities: do we like the accountability aspects? how about the high stakes test? What about the school sanctions provisions?

Do you think the role or mission of OSEP should change? What could it do better as the federal agency charged with enforcing the special ed law?

My plan here is to collect some of your responses and present them to Congress. Sure I've got some ideas, but why not flex our muscles. The readership of this blog is growing. I'm quite proud that many different kinds of special ed stakeholders are tuning in. We have won awards and recognition. Heck, we even were granted a lenghty exclusive interview with the new Assistant Secretary of Education.

If there is power in numbers, why not present some of our thoughts as a group? I'll try to be fair in any presentation I make and I'll try to separate out my opinions (and as you know they can be strong) from group opinions or from group lack of consensus. I think that this may be exciting.
Please let me know how you would change the special ed laws.


4 March 2010

Should Private Schools Be Covered by the New Seclusion & Restraint Law?

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The Council For American Private Education, an umbrella group representing a large percentage of private schools in the United States, has written a letter to Congress asking that private schools be exempted from HR 4247, the new Preventing Harmful Restraint and Seclusion in Schools Act.In response, the group called the Alliance to Prevent Restraint and Aversive Intervention and Seclusion, an umbrella group of groups that advocate for parents and children with disabilities, issued their own letter to Congress opposing the CAPE letter. Here is an analysis of the controversy by the Disability Scoop blog.

We have run a number of posts about this issue. I believe that seclusion and restraints is the hot button issue of special education law for the current decade. For example, this is a prior post from this blog with a number of links to resources about the current house bill.

The Senate has not yet taken up this bill. Of course the Senate was recently held hostage by the Senator from Kentucky. (This dates me, but I remember Jim Bunning as a pitcher in the major leagues. It is unfortunate that he will now be remembered as the great enemy of the unemployed rather than the Hall of Fame hurler that impressed so many of us. ) In any event, the Senate is currently tied in knots on other issues. It may be a while before education issues surface there.

But in addition to the pending bipartisan House bill, a larger issue is whether IDEA reauthorization should deal more with behavior issues. IDEA currently only requires positive behavior supports after a proposed disciplinary change of placement is blocked by a finding that a manifestation of the child's disability. There is also a more general and somewhat vague section in the IEP development section that requires the IEP team to consider appropriate strategies if the student's behaviors impede the learning of the student or others. For citations, etc, see this previous post.

Many people think that these provisions need to be beefed up. What do you think?


3 March 2010

How much Does the Federal Government Spend on Special Education

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The Government Accountability Office has released a report on federal education spending. You can review the entire report here. Those of us who crunch numbers enjoy these sorts of reports.

Although it is difficult to decipher in parts because special ed funds get disbursed through different programs and the federal budget is a big mess. Nonetheless, these reports are instructive. The main special ed program, the grants to states, makes up about 19% of the total federal education spending. The total of this program for Fiscal Years 2006, 2007 and 2008 was 32.3 billion dollars. This is another one of those reports that special ed professionals should save a copy of. You never know when you may be requested to quote stats!

Any thoughts about these numbers? Do they sound about right? Take a look at the report for all education programs and what we spend on them.



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24 February 2010

Title I funds to be Tied to Higher Standards

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President Obama told the National Governor's Association this week that it is not acceptable that American eighth graders rank 9th in the world in math and 11th in science. He told them that states are going to have to up their games, and he informed them that Title I funds (part of the Elementary and Secondary Education Act, better known as No Child Left Behind) will be linked to states adopting higher standards, either as a part of the movement for common standards or on their own in conjunction with state universities. Here is a news article from the Los Angeles Times.

The proposal has already met with opposition. For example, the influential National School Boards Association has adopted a position criticizing the proposal as coercion. Here is their press release.

How would the President's proposal affect kids with disabilities? What do you think?


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18 February 2010

On the Odd Way We Name Special Ed Cases and Why People Hate Lawyers – Part II

Guidelines of ConfidentialityImage by Lawrence R.Y. Li via Flickr


In the previous post in this series I discussed the law requiring protection of personally identifiable information concerning kids with disabilities. I stated my opinion that courts do terrible job of naming cases. I ended by trying to start a movement to take all last names out of the case names in special ed law!

I was reminded of this problem during my review of 2009 special ed law cases. (Yes I have nothing better to do!) The names of cases sometimes hide the identity of the child and sometimes not so much. Please see the last post in this series.

Here is the case relating to this topic that reminded me why people don't like lawyers: In CB ex rel EB v. Pittsford Central Sch Dist 53 IDELR 75 (W.D.NY 9/18/9), the parents lawyer did a good job of filing the case so as to protect the identity of the child. The bad part comes next; the attorney for the school district filed a motion to strike the complaint as an "anonymous" pleading. These kinds of things are why people don't like lawyers.

What was the lawyer thinking? Was this serving his client? I understand that lawyers have an ethical obligation to zealously represent their clients, but isn't this pretty clearly over the line? What legitimate purpose could be served by naming the child?

The court denied the motion citing the privacy protections contained in IDEA. No harm done, but really?

Now I realize that there are other reasons why people do not like lawyers, many of them our own fault. But this example really drives the point home I feel.


17 February 2010

On the Odd Way We Name Special Ed Cases and Why People Hate Lawyers – Part I

confidential wasteImage by DaveBleasdale via Flickr


As I made my way through the 2009 special ed law cases (I know it's an odd pilgrimage, but hey everybody likes something), I was reminded of the odd way that we name special ed cases. I have often wondered about this.

The premise is that we need to protect the identity of the children involved. I agree with that, and it is clearly supported by law. IDEA requires that public agencies preserve personally identifiable information related to children with disabilities. §617(c). See 34 C.F.R. § 300.625. FERPA has similar requirements. 20 U.S.C §1232, et seq and 34 C.F.R. Part 99.

So ok we need to have initials in case names, but sometimes the effort is really half-hearted. (NOTE: you probably get it, but to be sure: the following examples are purely fictional.) Some courts do it well: For example AG by JG v. Looney County Board of Education. In some places it may be JG ex rel AG v. Looney County Board of Education. ("ex rel" is Latin; I'm not sure of the precise translation, but it means "on behalf of") Both of these examples work. The identity of the child is preserved.

But I have seen many examples last year where the name of the case hides very little. For example this tells me too much: AG by Gerl v. Looney County Board of Education. When we spell out the last name in the case name, do we not tell everybody exactly who we are talking about. Especially where the county is rural, we are personally identifying the kid, aren't we? Even if Looney were a large urban school district, how many special ed kids named Gerl could there be?

I want to start a movement right here and now to stop using last names in pleadings involving special ed kids. Are you with me people?


In the next post in this series, I'll give you an example illustrating things lawyers do that causes people not to like them.


10 February 2010

The Recession & Special Ed Revisited – Part I

LONDON - DECEMBER 23:  A homeless man (L) rece...Image by Getty Images via Daylife



Like everybody else, I am obsessed with the bad economy. For those who have seen me do presentations, you know that I ask a lot of questions. Lately during a series of questions that are supposed to make people think, I have taken to asking, "how many are too worried about the recession to answer my questions." At that point almost everybody raises their hand.

I recently asked on the blog poll question- given the economy, should cost/expense be a defense. The answer was overwhelmingly no. And I believe that this is consistent with Supreme Court precedent.

However, some of our astute readers suggested that maybe the economy is coming in the back door. We have posted here before, for example, that the hearing officers who hear due process hearings in California have been forced to take days off without pay. Apparently they are not alone, teachers in Hawaii, including special ed teachers, have been forced to take 17 furlough Fridays throughout the school year. The federal trial court has rejected two challenges to the new policy as an alleged violation of IDEA. ND v. State of Hawaii, Department of Educ 53 IDELR 186 (D. Haw. 10/21/9) and DK & AK by Kellet v. State of Hawaii, Department of Educ 53 IDELR 187 (D. Haw. 10/22/9).

On top of that, I just came across an article on KHON2.com explaining how the special ed teachers are trying to make up the time. It was interesting that the Hawaii state superintendent also seems to indicate that outside contracts will be substantially limited. I'm going to go out on the limb once again and predict that this statement will lead to lots of hearings and lawsuits.

What is the relationship between appropriate education for kids with disabilities and the recession? What do you think? Are the back door effects of the recession serious?


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9 February 2010

House committee Passes Seclusion & Restraints Bill

WASHINGTON - OCTOBER 13: Rep. George Miller (D...Image by Getty Images via Daylife




The Committee on Education and Labor of the House of Representatives approved a bill limiting the use of seclusion and restraints on students. Here is the official release. The official name of the bill is H.R. 4247. Here is website with additional resources concerning the bill. An article in Disability Scoop also discusses the legislation

Among other things, the bill limits the use of these techniques to cases of imminent danger; requires that staff using these techniques be properly trained; outlaws mechanical restraints; requires parental notification and establishes oversight mechanisms.

The legislative effort follows the GAO report last spring that detailed a ton of abuses of school children, most of whom were children with disabilities. The GAO study followed a similar report by the National Disability Rights Network entitled "School is Not Supposed to Hurt."

The bill now moves to the full House for a vote. If you care about this issue, please call or write or email your Representative in the House. This website will help you find and contact your Congressperson.


4 February 2010

2011 Federal Education Budget: What’s in it for Special Ed?

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The 2011 budget proposed by the Obama Administration provides 12.8 Billion Dollars for Special Education Programs. Here is the analysis by the U. S Department of Education. I tend to get overwhelmed by big numbers, perhaps inspired by former Senator Dirksen who used to say, "... a million dollars here, a million dollars there, and pretty soon you're talking about a lot of money." Maybe modernly we should change "million" to "billion" or even "trillion," yet I digress.

When the Congress passed IDEA, the federal special education law, in 1975, it promised full funding of IDEA which was supposed to be 40% of the excess cost of special education. The proposed budget continues the 17% funding level. Many groups have commented that this is not in keeping with the full funding campaign pledge. For example, here is an article by the Council for Exceptional Children.

Another issue will be the hole created by the disappearance of stimulus funds. The Recovery Act poured a lot of money into education, including special ed. The 2011 budget provides no help for school districts who will no longer have access to these funds.

I am aware that the economy is not doing well. I also am not among those who necessarily equate the number of dollars budgeted to the quality of services received. Nonetheless, this budget is disappointing. Special education remains the biggest unfunded mandate in the federal system. I was hoping for more funding!



1 February 2010

Charters: Students With Disabilities Need Not Apply?

NEW YORK - MARCH 30:  Teacher Shawn Abernathy ...Image by Getty Images via Daylife


That is the title of a very good op-ed piece that recently appeared in Education Week by Professor Thomas Herir of the Harvard School of Education. Here is a link. I want to thank professor Herir for giving me permission to quote from his article in this blog.

Here is a quote:
"With the Obama administration and many state governors calling for more charter schools, it may be time for policymakers to address directly the issue of these schools’ imbalanced enrollment of students with disabilities.

The enthusiasm for charter schools, which was also high during the administrations of Bill Clinton and George W. Bush, reflects the desire of many parents to have choice within the public system. This desire has only been heightened by research showing superior results obtained by charters.

In a performance comparison of Boston charter school students with those not admitted, for example, Harvard University professor Thomas J. Kane found that the students attending charters outperformed their peers at traditional public schools. His research, however, was designed with the recognition that charter students are different along some critical, perhaps immeasurable, dimensions from students attending traditional schools. This is especially true in relation to students with disabilities: Traditional public schools are serving far greater numbers of them than charter schools, particularly those whose disabilities require significant special education services."


The article then goes on to cite a number of studies that show that students with disabilities are under-represented in charter schools. This is disturbing and brings to mind the recent post on these pages about the law review by Professor Mark Weber regarding some issues with charter schools and kids with disabilities. As the political support for charters increases, we need to keep a vigilant eye on how charters are welcoming and educating kids with disabilities.

What has your experience with charters been like?


30 January 2010

#ATIA2010 – Orlando, Friday

Filed under: #ATIA2010, ATIA, Friday, Inclusion, My Crazy Idea, Ning, Orlando, SCD, blogs, education, sessions, smartboards, wikis — Patrick Black @ 5:14 pm
I had intended to write each evening before going to sleep about the day I had had....as you can see that clearly did not happen!  As I got back to my room last evening, I need to get a few things finished with my own presentation - My Crazy Idea..., pack, and get a good night rest.  So I never got around to talking about Friday's presentations.  So here's what I thought.

I attended a great session Friday morning by Penny Reed & Gayl Bowser (both very active QIAT Leadership type people!).  They presented a great session about ways to work smarter, not harder by using web tools like - Blogs, Nings, & Wikis (hmmm...seem familiar!).  Some of the blogs they mention were Teaching Every Student, No Limits to Learning, & TLWMSN.  They also talked about the AT Help Desk they created to help teams diagnose the best way to fix problems - AT Help Desk.

I went to a great session by Libby Rush on how to teach writing!  While she had way to much material for a 1 hour session, she was thoroughly engaging and fun to watch!  There was a lot discussed and most of it is in my notes (but she talks really fast, and I can't type that fast!).  I'll do my best to try and put up a post soon about her ideas.

My favorite sessions were by last two.  First I saw Marie Duggan, a Mom-NOS (not otherwise specifed), of 6 kids, one with Autism!  She had filled her sons life with symbols, schedules, and communication.  I'm amazed at all the solutions she came up with.  When a problem arose they found a way to to help him.  I think what I was most impressed by was that she didn't just work on the problem, she worked on the WHY!  Then she worked on a way to help him understand!  An utterly amazing woman.  I wish she had had more time because we never got to hear about the new software she is working on.

Last, but certainly not least, was SMART Inclusion in the 21st Century:  Integrating SMARTBoards with AT.  A long title, but worth every second!  A SLP, Alexandra Dunn at a small school board in Ottawa, Canada decided that the best way to integrate their students with SCD in the general ed classrooms was through SMARTBoards!  The results were profound and AMAZING!  All students increased participation and showed skills they never had before.  Each SMARTBoard was used with BM, Classroom Suite, Notebook Software and they used it with all the students (not just the ones with IEP's!).  They had Airliners (think portable mouse), Intellikeys, and switches so that there was a lot of alternative access, just depending on what the student needed.  They even let some kids use their Bluetooth enabled devices to interact directly with the SMARTBoard!!!!!!  They have some research, and as soon as it is posted I will let you know.  This was some exciting stuff!


As you can see, I'm quite excited by my experience at ATIA.  It's always amazing to me how much it helps to go to conferences and meet with other professionals, it's just an electric atmosphere.  I have some information about today's sessions to post, and it will have to wait (I should be boarding momentarily).  Again, if you are interested in reading my notes from the sessions please feel free to check them out here - ATIA Notes.


Patrick


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27 January 2010

Alexa Posny Interview – Part XI





My recent interview with Dr. Alexa Posny, the new Assistant Secretary of Education for OSERS (the Office of Special Education and Rehabilitative Services) covered a lot of ground. This is the last substantive post in a series concerning the interview over the last few weeks. At the suggestion of a reader, I will add an index of the topics covered to make reviews easier. "JG" indicates that I am speaking. "AP" indicates that Secretary Posny is speaking.



In this post, Dr. Posny discusses the new resolution session and the possibility of arbitration as a special education dispute resolution mechanism:

JG: So, I find that to be interesting. The dispute resolution systems, the resolution session is a new thing that came in just in 2004. Do you have any feeling as to how that's working or - -

AP: Oh, I've heard nothing but great things about it. Okay, I've heard for both sides, on the school side, as well as with the parent side, because it's a way to at least come together to have a conversation. And so, I've heard that people really - - what's interesting is that some states already had systems like that set up. So, you may not hear as much from them because it was already in place, but for those that didn't, I believe it's been a real boon and I believe we've seen fewer due process hearings as a result.

JG: Yeah, I think that's true. It's definitely kept down the number of due processing hearings and I think for most of the time, it's the right reason. I had concerns, originally, about confidentiality and about the no lawyer sort of emphasis of it, but again, that's I think just my bias coming out as a lawyer, but I think that sometimes they're there for good reasons and I was afraid that it was going to abused in that way, but I have not heard from around the country - -

AP: I haven't either.

JG: - - and it's interesting because I really thought that was - - you know, that was another one of my bad predictions - - my crystal ball is often a little foggy, you know.

AP: Well, but sometimes we don't know and I think sometimes when people say, well, why are you doing that? And it's because there's a part of me saying, we don't necessarily know all the time, but we can at least try. If it doesn't work, well, we'll fix it. I mean, but let's try some of these things and see if we really can get it to work.

JG: Arbitration was in the last reauthorization - -

AP: Yes.

JG: - - in the House bill and then, it didn't make it through the last conference. Do you think arbitration is a good model? I have some thoughts about it.

AP: I don't know. Well, I have some biases about it. My brother-in-law is into that kind of stuff (laughing) and there's a part of me saying, well, does it really work? I don't know. I really don't know.

JG: Alright because it's interesting.

AP: I probably don't know enough about it to be able to weigh in on that and I don't know. I'm one of these and I know I am the eternal optimist, but I really think that we just really need to work together to do this, but I don’t think we need a third party to necessarily come in and say, you'll do this and you'll do that. I don't know. It's too prescriptive.

JG: Okay.

AP: That's my personal opinion.


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20 January 2010

Alexa Posny Interview – Part IX





My recent interview with Dr. Alexa Posny, the new Assistant Secretary of Education for OSERS (the Office of Special Education and Rehabilitative Services) covered a lot of ground. This is the ninth in a series of occasional posts concerning the interview over the next few weeks. "JG" indicates that I am speaking. "AP" indicates that Secretary Posny is speaking.


In this post, Dr. Posny talks about standardized tests and data collection requirements:

JG: Okay. The other thing about no child left behind that many people have challenged, including President Obama when he ran, was the idea of putting everything into one big standardized test - -

AP: Yes.

JG: - - and measuring everything on that. Is it fair to do that? If you don't use the one standardized test, what else do you use, unless you develop your growth model you talked about?

AP: Okay, well, growth model is part of it, but what we haven't been able to do and it's just because just the sheer volume and if we have to start somewhere, are the performance measures. I mean, what are the other things? How can they put this into practice? All we're getting is what they - - all we can do is on the multiple-choice tests. We need to do performance. We need to take a look at some of these other skills that they really need to be there and I've always been the biggest proponent of multiple measures. The issue is, is how do we do that for the enormity and the number of kids that we've got to be able to do this. And the other thing is, is that what we've got right now is a summative measure. It is a measure for a point in time. It has validity, it has reliability, and it has merit, but it's not the whole picture. It's only one segment of what we should be taking a look at. You know, I look at what special educators have done over the decades, in terms of the continuous progress monitoring. I mean, I think special educators have been doing this - - instructional focus, leading towards the ultimate - - I think that's some of the best things they do. So, I think we can all learn from each other and that's what we want to see now in general ed. But the thing that special educators need to know - - what they needed to do and what NCLB basically forced them to do, is what are the standards. So, again, I just think it's down to yeoman's job of changing how we think about teaching.

JG: Okay, interesting. I've heard a lot of complaints about that. The other thing that came up a lot when I talked to people I know when I told them I was going to do this interview with you was the concept of data collection, in terms specifically of requirements that change from time to time, either in terms of what the data are or how you collect them or what you do and then, when you compare them, whether or not that's even valid after you've changed them from last year. So, again, I think most of people out there in the states are agreeable to the concept of collecting the data and comparing it, but I think they have some trouble with some of the changes in that. Would you like to respond to that?

AP: Sure. But first of all, let me just state, data is my friend. I use data all the time because I think data tells the story and when you change the data sets or you change any perspective within there, can you compare? No. And you shouldn't, unless you can do some kind of an analysis that says, no, it wasn't changed that significantly. It's kind of like what NAEP does. I mean, they have changed the standards. They have changed the assessments and all of that and yet, they're still able to do the comparison over the course of time because they have done the analysis that allows them to say, no, it wasn't changed that significantly and it's the same. But if the definition is changed, there are parameters that really change the construct and the answers, no. And then, you know, when we changed - - and I'm talking about back in Kansas - - when we moved from the three assessments and changed them to the seven, basically, we put in a jagged line, in terms of the trend, and I said, you cannot compare. You know, from 2005 to 2006, I said, the world changed. And I said, so there has to be a break in there, to say there's - - you really can't do a fair comparison.

JG: Okay.

AP: I mean, that's just part of data.

JG: Right, and I think that's the frustration that I've been hearing mostly. It's not so much that they have to do it, it's just sort of that they don't like it to change so much.

AP: And I'm with them 100%. If I don't have to change it, I won't, believe me.



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18 January 2010

Assistive Technology: The New Big Thing or Not?


I thought that when IDEA was amended to require assistive technology in the 1997 amendments that a large explosion in gadget litigation was on the horizon. I predicted cottage industries in specific gizmos. When I learned about interactive whiteboards, I thought that many children with disabilities would benefit. Here is an example of how whiteboards can be used. This is an eSchool News article on whiteboards. Better yet, here is a video of how whiteboards (a combination of chalkboards, the internet and some kind of Cajun magic) work. There is even a federally funded center on Technology and Disabilities.

As often is the case, however, my crystal ball was a bit,... er foggy. There have been some developments but very little caselaw. I'm not sure why.

No Technology in BrightonImage by Sammy0716 via Flickr


I just came across a study in the American Journal of Occupational Therapy that concludes that assistive technology is a more effective intervention than many others. An abstract of the study may be reviewed here. Unfortunately, one must "purchase" the entire study. If any of you do purchase it, please consider recycling it to me if that is not an intellectual property law violation. I'd like to read it.

In any event, what has been your experience with AT? Is it being used? Is it working? Am I just jonesing for a fight for no good reason? Has there been any litigation out there?


14 January 2010

Alexa Posny Interview – Part VIII





My recent interview with Dr. Alexa Posny, the new Assistant Secretary of Education for OSERS (the Office of Special Education and Rehabilitative Services) covered a lot of ground. This is the eighth in a series of occasional posts concerning the interview over the next few weeks. "JG" indicates that I am speaking. "AP" indicates that Secretary Posny is speaking.

In this post, Dr. Posny talks about the assessment of children with disabilities for NCLB purposes and related issues:

JG: Okay. That's interesting. Yeah, I didn't see the connection there to that before, but I think that's very interesting. Another thing they (the principals association) proposed was that for students with disabilities, for purposes of the AYP and NCLB-type data, that they be assessed at their instructional level rather than their grade level. How do you react to that?

AP: Well, okay, that would be all well and good, if the kids have really been taught at their instructional level to the best of their ability. The fear of some is that we're going to not expect as much from them again, if we don't do that. I think the idea is - - you know, I understand exactly what they're talking about because I'm the one who is the big proponent behind the 2%. Okay? What I refer to is the 2% assessment because I do think that they're a number of our kids who aren't at grade level, they're not. I mean, it's in the light of their disability. The issue and what the concern of the field is right now is, if we go back and open the Pandora's box again, are we going to have too many that aren't going to be pushed, you know, not to that level? And that's why I'm saying, if we can come up with a way of doing the growth model and being able to establish the potential growth for every child, really and truly do that, then I think we've go a model that would work and then, I agree with them. But we've gotta come up with that model.

JG: You're not satisfied with what's been proposed under the growth model so far is what I'm hearing.

AP: Well, no. I'm not disagreeing. It's the state of art and the research we have, it's so limited. That's all I'm saying. And I look at what the Fuchs have done out of Vanderbilt and I think that there's great merit in what they've got, but we need to expand this and just have more information. But I am all for student growth model, absolutely, as long as we know that it is honing kids to their highest potential possible and that's the key. How do we establish that trajectory and how do we know that it really is challenging for every student and that we're not low-balling it?

JG: And you mentioned the 2% and again, do you think that those exceptions for children with cognitive disabilities are big enough to cover the numbers - -

AP: Yes.

JG: Yes.

AP: Oh, absolutely.

JG: Okay.

AP: Oh, yes. And then that's because we put it in place in Kansas in 1998. So - - and I know people are saying, well, where'd that number come from? I mean, for us, that number has been more than sufficient.

JG: Okay.

AP: I do. But do we have enough research on it? Absolutely not.

JG: Okay.

AP: Yeah.

JG: Yeah. I have wondered where the number came from and I've heard parents of children with severe disabilities sort of claim that no child left behind has not been so good and I hear parents of children with relatively mild disabilities claiming it's the best thing they've ever seen.

AP: Yes.

JG: Do you think that's fairly true? Has it been better for kids with mild disabilities - -

AP: Well, I do because so many states did not develop the 2%. You know, they automatically have to be in general ed and they're putting a lot of time, effort and energy into making sure that happens. I think what we're hearing - - first of all, I think there's confusion in terms of the 1%, long before the 2%. I think there are a number of kids who are not significantly cognitively disabled who may have been put into the 1% or on the other hand, they were put into general and that's not appropriate and my typical example is a child who we have referred to as mentally retarded, in the past, who chronologically is a fifth grader but is really operating at a first grade level. That child does not belong in the 1%, not at all. That's the child I was trying to get at in terms of the 2%.

JG: Okay.

AP: Okay? But still, we need to push them. So, they'd be in grade level content. Yes, but it's going to look different. Okay? It's going to be at the lower end of the continuum when you think about the sequence of learning.


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13 January 2010

Alexa Posny Interview – Part VII




My recent interview with Dr. Alexa Posny, the new Assistant Secretary of Education for OSERS (the Office of Special Education and Rehabilitative Services) covered a lot of ground. This is the sixth in a series of occasional posts concerning the interview over the next few weeks. "JG" indicates that I am speaking. "AP" indicates that Secretary Posny is speaking.



In this post, Dr. Posny talks about standards of care for disability categories (which was proposed by the National Association of Secondary School Principals) and related issues:

JG: Okay. That's very interesting. I'm going to go back to some of the other reauthorization issues, but again, at some point, I want to try to give you some time to just talk about other things that are important to you. But the National Association of Secondary School Principals announced their recommendations for what they'd like to see in the reauthorization of IDEA. I found some of them very interesting. One of them was that they - - and I can see some merit to this; on the other hand, I have a real violent, bad reaction to this - - it's that they would like to see standards of care based on disability categories, under IDEA, so that a school would know, if they had an autism program that it was a good autism program. I think you can probably guess why that bothers me a little bit. I mean, it just kinda takes the "I" out of IDEA, doesn't it?

AP: Well, it does that. The other thing is, is that when you look at any of the 13 disability categories, you have a full range of mild to moderate to significant. So, you couldn't come up with just one standard of care based upon a disability category. It won't work. What it needs to be is standards of care based upon the needs of the child, regardless of what they are. You know, and even that's difficult because every child is so different. I mean, I taught learning disabled kids, as well. Well, everyone one of them was different as night and day. So, if I had one standard of care, that would not have been useful to me at all, not at all.

JG: And it's interesting, a lot of folks that are actually out there practicing don’t get this sometimes, I think, because they - - and I don't think that they're trying to be difficult, I think it's something they don't completely understand. But I had hearing once where the child was already eligible, under speech/language needs, and they then had the whole hearing based on whether he was also eligible under autism. And I kept saying, what difference does it make?

AP: What difference does it make?

JG: Yeah. Whatever his or her needs are, pretty much you have to meet them once you put them in, right?

AP: And that's my whole thing, you know, and it's strictly for funding right now to have to put them in a disability category. Who cares?

JG: Right.

AP: It makes no difference whatsoever.

JG: Right.

AP: You can call them whatever you want. What is it that we need to provide?

JG: Yeah, and again, I think if you got to the model you were just talking about, you'd eliminate a lot of that problem too.

AP: Yes. And we've gotta get to the point though where parents will trust us.

JG: Right.

AP: That we are going to do the right thing. And I think that's where RTI can really - - RTI and EIS, I think, can be very helpful to us, that they will see that their child's needs are being met, even though we didn't have to label him or her.

JG: Okay. That's interesting. Yeah, I didn't see the connection there to that before, but I think that's very interesting.


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11 January 2010

Tech Update:Facebook, Twitter, Mobile Website, and Street Cred

Filed under: Facebook, Gerl, LinkedIn, Special Education, Twitter, education, law, special education law — Jim Gerl @ 10:00 am

A D'Arcy Inspired History of BlogImage by cogdogblog via Flickr


In large part, this blog has dragged me (virtually kicking & screaming) into the 21st century. Before the blog, I was slightly technically challenged. I thought that Facebook was a chart with pasted on photographs used by angry professors to determine which student to call on in class. I was so out of it, that I use phrases like "high tech."

But the writing of this blog has opened technological doors. First I discovered the world of blogs. The availability of Blogger, the free Google blog platform, and its ease of use really helped. Then as I got used to posting on the blog, and as you started to react favorably, I got creative. Posting links to some other excellent websites was really appreciated by readers.

Then I discovered the social networking sites. The first and most successful of the special education law groups was the Facebook group, which now has grown to 667 members. Then I added the Ning, Twitter, Plaxo, and LinkedIn special education law groups which also became places to share information and resources regarding special education law. Than I started summarizing my posts with mini versions on Twitter where we now have a bunch of additional followers. When added to the followers and subscribers of the blog, we now have over 1800 regulars in the special education law posse. I know that there may be some duplication here, but that is still an impressive number. Especially when added to the 100 to 2500 other people who click on this blog every day, we have some serious street cred. This is the big reason that this blog was selected for the blockbuster exclusive interview with Alexa Posny, the new Assistant Secretary of Education for Special Education and Rehabilitative Services (OSERS).

Our commitment to content has resulted in this blog receiving awards, such as First Place for Best Education Blog in the 2008 Blogger's Choice Awards and a Best Blog of the Day Award

Later we added news sources, like the CEC widget, and various other resources for special education stakeholders. We also feature our ongoing polls, which may not be scientific, but still are a lot of fun. The current poll seeks your input on IDEA reauthorization issues. (Regulation of seclusion and restraints now has a thin lead; make your voice heard - vote.)

We have developed three methods to subscribe to our posts, by email; through an RSS feed for feed readers or aggregator, and as a widget in the subscriber's own blog or website. Please keep subscribing and keep spreading the word.

Our newest gadget is our mobile website through which you can read the text of our posts of this blog on your Blackberry, I-Phone or other web enabled mobile phone. All of the links for the resources referred to in this post are on the lefthand side of the blog.

So thank you for reading, and by doing so, encouraging my techno-boldness! Rock on!


7 January 2010

Alexa Posny Interview – Part VI




My recent interview with Dr. Alexa Posny, the new Assistant Secretary of Education for OSERS (the Office of Special Education and Rehabilitative Services) covered a lot of ground. This is the sixth in a series of occasional posts concerning the interview over the next few weeks. "JG" indicates that I am speaking. "AP" indicates that Secretary Posny is speaking.



In this post, Dr. Posny discusses the importance of early childhood education and the impact of poverty upon education:


JG: Let me skip - - I'm going to come back to reauthorization, if we have time, but I wanted to at least get to one thing that I'm pretty sure that you care a lot about and I have to, again, as a good hearing officer, disclose that I have a bootleg copy of your NASDSE presentation.

AP: Oh, okay.

JG: So I'm going to confess that up front to let you know how I found some of this out. But I know that early childhood education is important to you.

AP: Oh, absolutely.

JG: Could you just, first of all, just talk a little bit about - - tell me some of your thinking. How that plays into your current job? And what we can do. What schools can do. What parents can do.

AP: Oh, I just - - to me, I think that that was the biggest thing that wasn't part of no child left behind. And I really, honestly think that we are not going to make the differences that we want to see, if we don't start at birth. And if you saw what it is in there, there is the study by Hart and Risley that I have used over and over and over again and I don't care of the child is disabled, disadvantaged, whatever it is, if the child is hearing one-third the number of words as kids who are more advantaged, it's impossible to learn to read words that they've never heard. And they start so far behind that eventually, most of these disadvantaged kids end up in special education and I honestly don't think they are. And that's where I'm thinking we're doing a disservice. And this where - - that's why I think it's so critically important when we talk about early intervening services and response to intervention, both of those, if we can intervene as early as possible with some of these kids, I know that we will not be identifying anywhere near the number of learning disabled kids just because they can't read and it's only because they didn't have the language and literacy skills from birth. And if we did that and we caught them as soon or prevented or intervened as early as possible, the money we do have for special ed could be spent on those kids who really and truly are. There would be more money that could be spent working with those kids who truly are. That's why I am so passionate about early learning. It absolutely makes all the difference in the world, and even for students with disabilities. I'm glad we have Part C and that we have 619. Without that, I hate to think of how far behind - - but still think about our really and truly learning disabled kids. We can't find them early enough. You know, we still, you know, because what - - the behaviors. I mean, a lot of kids don't reverse letters or a lot of kids are just having trouble, but why can't we provide it for every child then who needs it? And if we could, I think we would prevent a lot of this. I do.

JG: Okay. It's interesting. What sort of things would happen in that early intervention? What sort of things do schools do when they get to the children early and they haven't identified them as special ed but have identified them as needing some help.

AP: Some help - - well, it's based usually upon poverty and a few other things. One of the things - - what I'm really passionate about is that I think every infant and toddler should have access to early learning, regardless. Makes no difference to help them excel or to help those that are so far behind. What do they need to do? They need to provide the developmentally appropriate practices. It doesn't mean we're providing them an academic program, but the biggest one is language, reading to the kids, expanding their vocabulary, helping them understand, helping them see the connection. It's just being exposed. Our kids who are so disadvantaged live in homes that have no books, no print materials, no nothing. They don't even know - - you know, I worked with the Chicago Public Schools and these kids in kindergarten would walk in the door and would have no idea that print words even go from the left to the right. I mean, that's how far behind they are and that's why it makes it so difficult. I worked with the BIA schools and it's the same kind of issues. So, it's just being exposed. Its' really just changing society and just knowing. It doesn't mean everyone would be required to go. It's just providing access and letting - - catching these kids up long before they walk in the school door.

JG: That study you mentioned, I think I have some of the numbers here somewhere, the Hart and Risley study - -

AP: It's the Hart and Risley study, yes.

JG: But in terms of the children from professional families hearing something like 2,153 words per hour.

AP: Yes.

JG: Children from working class families hearing 1,251 words per hour.

AP: Yes.

JG: And children from poor families hearing 616 words per hour.

AP: Yes.

JG: And again, I think that's what you were just referring to.

AP: It is.

JG: But those kids from the poor families, what I've heard schools say, I guess, is that they have become the social services agencies of last resort. People expect us to fix poverty now, in addition to everything else. Can we ever really fix education without fixing poverty first or is the horse and the cart situation?

AP: I always say we have to go hand in hand. And there's a part of me saying, do we have to fix everything? Well, if we're the only game in town, then my answer is absolutely yes, you know, especially when you're talking about rural areas.

JG: Right.

AP: The school is the center of that town. If the school disappears, the town dries up. And I can speak eloquently to that about Kansas because that's what's happening. But this is a societal issue. It absolutely is. Now, my original background is sociology and psychology, so I absolutely understand how we really need to change our society. One of the programs that I think is one of the best is Parents As Teachers. We're helping parents be better parents. The one thing we don't teach in school is how to be a good parent. So, if we can help parents become better parents, then their kids will, and we're beginning to change society and we need to begin to have more programs like that that will help in terms of the next generation. And we need to work with our kids in school to say, there are other opportunities out there. Just because you live in the urban poor, does not mean you need to have to stay here in the urban poor.

JG: Right.

AP: So, it's all of those and I absolutely believe that we need to work on this more as a society. I do.

JG: Can the schools help the other segments of society to come along in that? Is there a role for the schools in terms of being the leader?

AP: Sure. Well, often they're the catalyst. I mean, you know, to get people on board, to say, you know, when you look at those schools that really and truly have turned around, it became a community. You know, the whole community had to rally around because you have to change the parents' vision of what was possible about the school. A lot of the schools require that if you want you child - - especially some of the magnet schools and some of the other charter schools - - part of what they require is the parent must play an active role and must be in that school as well. It begins to change and that's great. We mean business. I think one of the best, you know, especially in terms of early learning, is when we get the businesses to understand that if you support and put money into this, we will begin to change what you see. So, I just think schools can be the catalyst and to say, look, we're not going to change this unless we all work together.

JG: I think part of the problem is we put up walls. First of all, there's the special ed, general ed wall, which is obviously a big one that a problem.

AP: Well, I want to tear that one down.

JG: Okay. Well, good, and I think many people are with you, particular people in special ed, but people in general that seem to be buying into that. Now, would you agree with that?

AP: I absolutely agree. I'm hearing it more and more. I mean, my ideal would be is whether we could reauthorize ESEA and IDEA together. I just don't think we're there yet. But absolutely, we need a system of education and we have some students who will always have - - be a student with a disability, but my key thing is this, why do we have to label a child to provide him or her with whatever he or she needs whenever he or she needs it?

JG: Right.

AP: We have to label them disabled. We have to label them disadvantaged. There are kids who are disenfranchised, disengaged. Who cares?

JG: Right.

AP: Let's give him or her whatever he or she needs.

JG: And it would be a lot easier if there weren't all those walls.

AP: That's exactly right and if we didn't have the labels.

JG: Yeah. I think I understand why they're there but at the same time, they're frustrating sometimes.

AP: Well, it was the only way we could get it to begin with. I mean, we had to target the funding and stipulate that it had to be used for this because we didn't know what to do. You know, I always talk about 1975. We segregated kids with disabilities, but that was okay at that point in time. That was all we knew and it took us up until the '90s to know that no, we can include and we should include, but we're going to always need the full continuum. That will always be necessary.


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31 December 2009

Happy New Year

New Year Fireworks - family timeImage by Paloetic via Flickr





As the year winds down to a close, it's time for reflection and resolutions. Be sure to get a designated driver, and chew the black-eyed peas carefully.

To all of our loyal readers, Happy New Year!



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30 December 2009

Being an Elementary School Teacher

Filed under: .pdf, citytowninfo.com, education, elementary teaching, free, teachers — Patrick Black @ 8:00 am


Teaching is a very interesting and rewarding calling. That being said, it's not for everyone. If you're looking for more information about teaching and what it might entail, then this book is for you. This book was recommended to me by one of the editors of citytowninfo.com. You can get your copy here: Being an Elementary School Teacher

I've had a chance to check out the book (it's free), and find that it offer's several interesting perspectives on teaching in an elementary school. There are 25 stories from all different kinds of teachers - special education, PE, music, etc... I found the it very thoughtful and useful information. It talks about the rewards, as well as the difficulties of teaching. I found it was very truthful and didn't hold back on what is hard about teaching. If you know someone who is considering teaching and might want some insight into the career, please share this with them. Or maybe you just need something to remind you why you still teach, or just want some inspiring stories. Whatever your reason, please check it out.

Being an Elementary School Teacher


Patrick

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