Special Education Today

20 July 2010

When Politics and Disability Laws Collide

Protests against U.S. President George W. Bush...Image via Wikipedia



Here's a question: Do you think that disability laws and political activism are compatible?

Apparently a new Disability Power and Pride Political Action Committee has been formed. Here is an article on the topic from Disability Scoop. Here is the group's website.

We know that all laws are written by legislative bodies and that money is the mother's milk of politics. Should disability advocates organize and raise funds for candidates? The U S Supreme Court has recently ruled that throwing huge amounts at politicians is both protected free speech and and a necessary ingredient in apple pie.

IDEA and NCLB will both be reauthorized, maybe soon. What do you think? Should those who have opinions about changes to be made in the law organize? What about raising money for those who support their changes?

9 June 2010

Supreme Court Declines to Review NCLB Decision

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The United States Supreme Court has declined to review the challenge to No Child Left Behind brought by several school districts and teachers unions. Technically, the court denied certiorari in the case of School District of Pontiac, Michigan v. Duncan, et al.

Previously, the United States Circuit Court of Appeals for the Sixth Circuit non-decision tied, 8 to 8, which let stand a U. S. District Court decision dismissing the case. The lawsuit challenged the law as an unfunded mandate. Here is Mark Walsh's blog entry on the case.

For now, at least, No Child Left Behind is safe. Look for the name to change soon though, as the "NCLB" brand has lost favor. It is unfortunate that important public policy decisions are reduced to advertising and marketing analysis, but hey, this is the twenty-first century, baby!

I have an idea, let's have a contest for the rebranding (ie, renaming) of NCLB. How about "every good boy does fine" (remember music class anybody?). How about "45% left behind"? Or perhaps, "God Bless the Child"? Maybe "the children are our future"? Surely, you can top these weak entries! Leave your ideas in a comment.


18 March 2010

How Does Obama’s Blueprint for NCLB Affect Kids with Disabilities?

Official presidential portrait of Barack Obama...Image via Wikipedia



The Obama Administration has released its blueprint for reauthorization of the Elementary and Secondary Education Act, better known as No Child left Behind. It is important to remember that this is just the start. Congress gets to beat the proposal like a pinata and then the President must sign it before it becomes law. Here is a Washington Post article on the President's education plan. This link will give you the entire 45 page blueprint if you'd like to read it yourself.

The proposal has a number of provisions that directly affect students with disabilities. The blueprint calls for more inclusion, that is a goal of educating as many children with disabilities in the general ed classroom as possible. The plan also calls for more accurate tests for special ed kids. Here is a summary of the blueprint by the Disability Scoop blog.

The influential Council for Exceptional Children has praised the inclusion aspects of the plan, but they criticize the lack of details. Here is their position.

So what do you think of the blueprint? I know we still have a way to go, but be ready to contact your congressional reps after you contemplate which tweaks we should make to NCLB.






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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.


24 February 2010

Title I funds to be Tied to Higher Standards

Barack Obama delivering his electoral victory ...Image via Wikipedia



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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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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28 August 2009

A Tribute to Senator Edward M. Kennedy



The recent death of Senator Edward M Kennedy has saddened us. He was a terrific fighter on behalf of children and adults with disabilities. His co-sponsorship of the Americans with Disabilities Act helped prohibit discrimination against people with disabilities. Here is an interesting blog post concerning Sen. Kennedy's championing of the rights of people with disabilities.

Senator Kennedy was also a cosponsor and a significant force behind the passage of the Education of all Handicapped Children Act, the predecessor of the Individuals with Disabilities Education Act, the federal statute governing special education. He was also a major force behind the passage of the No Child Left Behind Act. In addition, Senator Kennedy was Chairman of the Senate's HELP committee which has jurisdiction over education iss

{{w|Ted Kennedy}}, Senator from Massachusetts.Image via Wikipedia

ues. His impact on the special education law in this country cannot be underestimated.

Here is the official position of Senator Kennedy on the issue of disability rights. His obituary in the Boston Globe can be found here.

Perhaps the best way to remember Senator Kennedy lies in his own frequently repeated and inspirational words, "For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die."

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