Anyone Know Special Ed Law?

[Luv Bunnies]

Many of you have read and commented on my thread about my son w/Asperger's starting middle school. That saga continues, but I now have a special ed law question and thought it would warrant a new thread.

Today, my son had a horrible day at school. Apparently, the teacher and aide told him to do his work and he had a meltdown in the classroom. He was sent to the office twice and the principal called me at work to ask if I had any suggestions. (Yeah, I had lots of suggestions but they're not fit to print!)

I talked to the teacher after school to get more info. on the situation and she started talking about requirements for her regular ed. classroom. Apparently, one of the 6th grade English class requirements is that a student shows the ability to read a book, analyze the main character and then connect that character's experiences, qualities or issues with their own lives. She noticed my son was having trouble doing this with a book they're currently reading. Well, he has Asperger's and one of the hallmarks of the syndrome is the inability to connect with others. The teacher understands that, but she's questioning whether or not she will be able to pass him under the standard as it is written. I pointed out that he has a recognized disorder and may not be able to demonstrate that he can "connect" with a character in a book. She said it wouldn't be fair to waive a requirement for him that the other kids are required to meet.

Doesn't that sound like discrimination? Aren't standards supposed to be modified for kids who can't meet them because of recognized and diagnosed disibilities? She claims this standard is written under "No Child Left Behind" and she doesn't think she's allowed to modify or waive it for any reason. Huh? So would a phycially disabled kid be flunked because he can't run a mile and that's what the standard says? I just don't get it! We have an IEP next week and an appointment with a lawyer this week. I will definitely ask her this question, among others. But I was wondering if someone here has ever encountered this kind of situation. Thanks!

[Forevryoung]

I know some special ed law (student) and have access to resources that might be of help...

Modifications to testing must be written into the IEP. I've encountered this issue with a family friend- NCLB stinks majorly in that regard.

I haven't said anything in the past but if you want to put up a fight, your school has been out of compliance for the entire school year so far. They are just taking advantage and walking all over you, your family, and most of all, your son.

We are constantly being told NOT to do exactly what your school system has done.

[SandrainNC]

www.wrightslaw.com has a lot of information.

Sandra

[MightyMom]

Okay. Here is a key question.

Is your son under the "Special Education" umbrella (IDEA) or under Section 504. My guess is he is under Section 504.

Does your son have an IEP (Individual education plan)? Under both Special Ed and Section 504 you can have a IEP.... but the language is vastly different.

Under Special Ed your son would be given MODIFIED instruction. In this instance the assignment could be modified so that he is essentially learrning the same thing, but he would have a different way of testing his knowledge.
A resource room teacher or a special ed staff member would be working closely with the regular ed teacher to modify his work appropriately.

Under Section 504 your son would be given ACCOMODATIONS. His work would not be modified, but rather he would be given accomodations in the class to make access to general cirriculum feasible. For instance, a different place to take tests is feeling stressed in a class filled with students.

Ultimately, it's up to you to make sure your son's rights are being protected. Contacting an attorney familiar with IDEA is heading in the right direction.

Unfortunately.... and please remember this is just my opinion.... under No Child Left Behind I feel so many of our kiddos are being left FURTHER behind. Although I think mainstreaming is heading in the right direction, I believe it is also important to prepare these teachers in regular ed. So many of them have NO CLUE what to do with our special needs children..... and they feel abandoned by Special Ed.

I hope everything works out for you son.

[pcparamedics01]

Many of you have read and commented on my thread about my son w/Asperger's starting middle school. That saga continues, but I now have a special ed law question and thought it would warrant a new thread.

Today, my son had a horrible day at school. Apparently, the teacher and aide told him to do his work and he had a meltdown in the classroom. He was sent to the office twice and the principal called me at work to ask if I had any suggestions. (Yeah, I had lots of suggestions but they're not fit to print!)

I talked to the teacher after school to get more info. on the situation and she started talking about requirements for her regular ed. classroom. Apparently, one of the 6th grade English class requirements is that a student shows the ability to read a book, analyze the main character and then connect that character's experiences, qualities or issues with their own lives. She noticed my son was having trouble doing this with a book they're currently reading. Well, he has Asperger's and one of the hallmarks of the syndrome is the inability to connect with others. The teacher understands that, but she's questioning whether or not she will be able to pass him under the standard as it is written. I pointed out that he has a recognized disorder and may not be able to demonstrate that he can "connect" with a character in a book. She said it wouldn't be fair to waive a requirement for him that the other kids are required to meet.

Doesn't that sound like discrimination? Aren't standards supposed to be modified for kids who can't meet them because of recognized and diagnosed disibilities? She claims this standard is written under "No Child Left Behind" and she doesn't think she's allowed to modify or waive it for any reason. Huh? So would a phycially disabled kid be flunked because he can't run a mile and that's what the standard says? I just don't get it! We have an IEP next week and an appointment with a lawyer this week. I will definitely ask her this question, among others. But I was wondering if someone here has ever encountered this kind of situation. Thanks!

I believe my advocate had said this is under the FAPE act. Fair appropiate public education that applies to special needs. They can pass him under the standards of how it is written with modifications in the IEP. They do not waive the requirment they modify it and sometimes will waive it all together and present it differently. For example they can still pass a special ed student even when he fails the CRCT standardized test that state if reg ed kids do not pass it they can not move forward. With an IEP in place you can appeal it and pass the child for they know the child knows it and may not test well because of the special need and the child moves forward.

I think you need an advocate Luvbunnies! They will fill in all the blanks for you. It sounds like the school is out of compliance. The teacher should not be wondering if she can waive it because it is not fair. That is the Special ed depts responsibility. They dictate to the teacher what she will do for your child. And what modifications will be in place or to strike that requirement all together.

[pcparamedics01]

http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html


Here you go! Everything you need here!

[pcparamedics01]

I know some special ed law (student) and have access to resources that might be of help...

Modifications to testing must be written into the IEP. I've encountered this issue with a family friend- NCLB stinks majorly in that regard.

I haven't said anything in the past but if you want to put up a fight, your school has been out of compliance for the entire school year so far. They are just taking advantage and walking all over you, your family, and most of all, your son.

We are constantly being told NOT to do exactly what your school system has done.

You are absolutely right! Totally out of compliance to the point of due process if it is not corrected immediately on there part!

[Ms_Butterfly]

I don't know all of the laws and such, but I do know that when I was in high school, I was waived a requirement due to a disability. My school had a graduation requirement that all students needed to take two years of a foreign language. I have a memory/learning disability that makes learning foreign languages very difficult/impossible for me, so for me the foreign language two-year requirement was waived. Actually, I guess you would refer to it as modified - I was still required to take the same number of credits (i.e. if foreign language was a three-credit course, I still had to take a different three-credit course instead of be short three credits), just that I could pick the course to take it in (I did art-related courses, as that's something I'm good at and enjoy).

Also, in English class one year we had to memorize our chosen section (with a miniumum amount of lines) of a play and recite it in person to our teacher. Because of the same disability mentioned above, my teacher allowed me to memorize a few lines at a time each day and recite them to her after school each day instead of doing the whole block of lines at once. It got the required assignment done, just in a different way that meant I would succeed instead of fail.

My school may not have been under the laws your son's school is (it was a private religious school), but I think it is reasonable for them to allow your son to do the assignment/requirement differently, in a way that he actually CAN complete it.

[Hasil72]

Luv Bunnies, I'm with PCParamedics on this, you should look into an advocate. Sure, NCLB has standards that each student needs to meet but what's not mandated is how they achieve that benchmark. It's so sad that the teacher seems to be manipulating NCLB in that way. I'm still learning as I go since DS has HFA/Asperger's and I happen to work for the Director of Curriculum in another district. (My office gets the pleasure of completing the NCLB application.) They not only need to provide him with the "least restrictive" environment but they have a lot of room to modify the requirements as needed with his IEP. For example, in NJ all students must pass an exam in 11th grade in order to graduate, so all kinds of modifications are made to assist classified students. In some cases, the students are listed as "exempt" and it isn't held against them for graduation. They have to take it but they don't have to pass it.

What a shame that the school continues to put you through all this. Hopefully you can get things ironed out at your next meeeting.

[Luv Bunnies]

Once again, thanks to everyone for all the great advice! We do realize that we need professional help on navigating the system. I continue to be amazed by some of the comments the teachers make and it just goes to show that they are sadly misinformed about special ed requirements.

We have an appointment with an attorney who specializes in special ed law tomorrow afternoon. Last night, I spent 3 hours printing out all of the e-mails, making copies of the IEP forms and writing a summary of everything that has happened since June. When I look at everything layed out like that, I can't believe what we've been through so far and it's only October!

On Friday morning, we are touring a private school that has a dedicated program for kids with Asperger's. So after meeting with the attorney and touring the school, we will decide whether we will ask for the private placement or continue fighting for appropriate services at the public school. Luckily, the attorney will be attending the IEP with us next Thursday.

Thanks again for all the great info. I'll keep everyone updated!

[chaoscent]

Smart move bringing in an attorney. I love wrightslaw, as mentioned above. Best of luck in finding the best program for your son. Penny

[Schmeck]

Just remember, as I've said before, and by no means do I want to deter you from doing so, but once you bring a lawyer into the mix, the school district will also step it up a notch, and they have pretty unlimited resources to work with. Just be prepared to see the school district have a lawyer at every meeting from now on, one prepared with stacks and stacks of documentation on your child.

I'd really like to hear what you think of the private school - from what you've mentioned before, it sounds awesome!

And most of all, I hope the meeting goes well and your son gets the services he needs to be successful.

[Michigan]

I second Wrightslaw.com everything you need can be found there.

[pcparamedics01]

I would have to agree with Schmeck regarding the District bringing their Atty if you have one. They have to. If it was just an advocate they would probably not have one present. They will be concerned that you want the District to pay for his private school because they have not provided adequate support for your child. As they should be!I have been to enough IEP's to know that they realize they screwed up. That is fine though. You will see a lot of changes after this IEP. When I first started out fighting with an advocate they deemed me a problem parent, and were so happy I left the District I know they threw a party only I was not invited. Like I said before that was the old District. We were heading into Due Process before I left. With this District I have the same advocate and they love her to be there. We have developed great relationships with the District and IST, and things are going wonderful! In Middle school I have to start over with a new District Representative and basically start over. I am not looking forward to that!!!! I am forever worrying about that!!!!! Good Luck!! Please let us know how it went!!! :goodvibes :goodvibes :goodvibes

[pcparamedics01]

[QUOTE=Luv Bunnies;21353428]

On Friday morning, we are touring a private school that has a dedicated program for kids with Asperger's. So after meeting with the attorney and touring the school, we will decide whether we will ask for the private placement or continue fighting for appropriate services at the public school. Luckily, the attorney will be attending the IEP with us next Thursday.

QUOTE]

Be careful with a Special needs school Luvbunnies. I had a friend that did this and she found out one year later that they do not get a regular diploma but a Special Ed diploma. In my opinion, get the district to do what your child needs to be successful. You have a great case! There can be a whole other set of issues in a ASD school. I can remember one mother telling me that she paid for a PS and her son was Aspies and by the end of the year her child was peeing in his pants because he saw others do it and thought it was funny. It took her a year to straighten that out. Just be careful and make sure the classroom he is in is one that he can learn from others in and they are all on the same level academically and emotionally. View the classes several times!!

[Luv Bunnies]

Here's today's update: We met with the attorney this afternoon. She confirmed that the district has basically messed up our son's program. They didn't take any of the proactive steps that we suggested months ago and now he's floundering. She has worked with our district before and knows our special ed director and how he operates. She's pretty confident that she can negotiate with him to get what we need.

We are either going to ask for the private school or for a very specifically-designed trial program in his current classrooms. It would include getting him a highly-qualified aide, setting specific goals for how they handle him during the day and doing an assessment at the end of 30 days. If the program isn't going exactly as specified, he would placed in the private school. The district may choose to go directly for the private school. If they don't, we will have lots of documentation showing what his program needs to include such as behavioral support, modified classwork/homework, etc. If they set this up and execute it well and our son does well, great! If not, we'll look at other options.

Of course, this all depends on whether or not we like the private school and we'll find out in the morning. We did put the attorney on a retainer so she's working for us now. I'm not concerned about the school district bringing their lawyers in. What we've been doing is not working and we need to do something completely different. Thanks again for all the comments and support!

[pcparamedics01]

Here's today's update: We met with the attorney this afternoon. She confirmed that the district has basically messed up our son's program. They didn't take any of the proactive steps that we suggested months ago and now he's floundering. She has worked with our district before and knows our special ed director and how he operates. She's pretty confident that she can negotiate with him to get what we need.

We are either going to ask for the private school or for a very specifically-designed trial program in his current classrooms. It would include getting him a highly-qualified aide, setting specific goals for how they handle him during the day and doing an assessment at the end of 30 days. If the program isn't going exactly as specified, he would placed in the private school. The district may choose to go directly for the private school. If they don't, we will have lots of documentation showing what his program needs to include such as behavioral support, modified classwork/homework, etc. If they set this up and execute it well and our son does well, great! If not, we'll look at other options.

Of course, this all depends on whether or not we like the private school and we'll find out in the morning. We did put the attorney on a retainer so she's working for us now. I'm not concerned about the school district bringing their lawyers in. What we've been doing is not working and we need to do something completely different. Thanks again for all the comments and support!

Great News! Let us know how you liked the PS!

[tw1nsmom]

It looks like you have a handle on things. For others who may experience similar things...what I tell DS's teachers/team is that it's an INDIVIDUAL education plan that's federally mandated and that I don't give a rats behind what's fair to the other children, or what the other children need, only what MY son needs to obtain a FAPE. I also don't care about NCLB. I let them know that the testing for that is their problem and that it's designed to see if they're doing their job adequately, not if my son is doing his job. They started to give me a hard time about accommodations they may not be able to use during next years testing. I reminded them that we were discussing this years program, and if my DS failed the test next year it would have no bearing on his success per his IEP. It would pull their precious school scores down, but that was their problem not mine, and I suggested that they look a little harder for ways to include the accommodations during testing if they were that concerned (there are ways...just a lot of hoops to jump through and they're not used to integrating their special needs kids into the general education classrooms therefore are unfamiliar with the protocol..again, their problem, not mine).

[pcparamedics01]

It looks like you have a handle on things. For others who may experience similar things...what I tell DS's teachers/team is that it's an INDIVIDUAL education plan that's federally mandated and that I don't give a rats behind what's fair to the other children, or what the other children need, only what MY son needs to obtain a FAPE. I also don't care about NCLB. I let them know that the testing for that is their problem and that it's designed to see if they're doing their job adequately, not if my son is doing his job. They started to give me a hard time about accommodations they may not be able to use during next years testing. I reminded them that we were discussing this years program, and if my DS failed the test next year it would have no bearing on his success per his IEP. It would pull their precious school scores down, but that was their problem not mine, and I suggested that they look a little harder for ways to include the accommodations during testing if they were that concerned (there are ways...just a lot of hoops to jump through and they're not used to integrating their special needs kids into the general education classrooms therefore are unfamiliar with the protocol..again, their problem, not mine).

You said it!!!:thumbsup2 :thumbsup2 Hey I use to live in Buffalo I see your from upstate! I did not have to fight so much in Buffalo but then again he was not in school yet at the time. He started getting services there at 18 months.

[tw1nsmom]

You said it!!!:thumbsup2 :thumbsup2 Hey I use to live in Buffalo I see your from upstate! I did not have to fight so much in Buffalo but then again he was not in school yet at the time. He started getting services there at 18 months.

I live in the eastern half of the state. Closer to Albany. Some of the schools in our area are progressive in their integration techniques and some are more interested in separating the special needs kids out so that they don't "bother" the "regular" kids are throw off the testing. If a child's in a self-contained class it's easier to get a waiver for testing and then the scores aren't pulled down.

One other thing in reference to the OP's situation. This may actually be more applicable to the younger years, but still may be used later. If a school is talking about retaining a child, and you are against it, tell them that the research doesn't prove the efficacy of this remediation method. I helped a friend in Florida who's son was being considered for retention. I got the info off the Wrightslaw site. She told them that the research showed that when you retain a child even one year that they are much less likely to be successful, ad if you retain a child two yeas they almost never graduate. Because IDEA 2004 states that the methodology must be research based you can use it to your advantage here. Again, I'm not sure how it would work for upper level individual classes.

[prekteacher]

Once again, thanks to everyone for all the great advice! We do realize that we need professional help on navigating the system. I continue to be amazed by some of the comments the teachers make and it just goes to show that they are sadly misinformed about special ed requirements.

We have an appointment with an attorney who specializes in special ed law tomorrow afternoon. Last night, I spent 3 hours printing out all of the e-mails, making copies of the IEP forms and writing a summary of everything that has happened since June. When I look at everything layed out like that, I can't believe what we've been through so far and it's only October!

On Friday morning, we are touring a private school that has a dedicated program for kids with Asperger's. So after meeting with the attorney and touring the school, we will decide whether we will ask for the private placement or continue fighting for appropriate services at the public school. Luckily, the attorney will be attending the IEP with us next Thursday.

Thanks again for all the great info. I'll keep everyone updated!

IF the private school is out of your local school district. Your school district has to help pay or pay all of it for you son to go. I have a middle school with adhd and the teachers are modifiy his work and tests . They should also be doing this for you son. I do know that you need to keep fighting and remember we are here for you.:grouphug: I thought you might need this.

[pcparamedics01]

One other thing in reference to the OP's situation. This may actually be more applicable to the younger years, but still may be used later. If a school is talking about retaining a child, and you are against it, tell them that the research doesn't prove the efficacy of this remediation method. I helped a friend in Florida who's son was being considered for retention. I got the info off the Wrightslaw site. She told them that the research showed that when you retain a child even one year that they are much less likely to be successful, ad if you retain a child two yeas they almost never graduate. Because IDEA 2004 states that the methodology must be research based you can use it to your advantage here. Again, I'm not sure how it would work for upper level individual classes. Great info!! I will have to remember that!!!!!:thumbsup2

[Maraena]

I'm rather hesitant to reply to this thread, but I would like to offer information on special education law as needed. I am not a lawyer and am not offering services. Nor am I an advocate. I have seen due process cases from both sides of the table and have been involved in mediations. I also have classroom experience and am in the final throes of a doctoral degree in the area.

The Wrights law link is fantastic. I would encourage anyone with a child in special education to know their rights and this offers information that is fairly easy reading as well as accurate. I would also encourage you to find your state's regulations on special education. Likewise, I would encourage you to all read your state Parent's Right book that you should receive at least yearly. (I recall several parents with whom I used to work telling me that they were going to wallpaper with them. Please don't be those parents.) Finally, contact your state department of education and talk with someone in special services. Remember that state laws on education may differ substantially. Some states choose to barely meet the federal requirements while others go above and beyond what is required.

That being said, I think there's a bit of confusion of terms going on in this post. I would like to, at least, clarify those terms:

accommodations - delivered under IEPs and 504s; these allow students to progress towards goals identical to their peers but to show mastery in new ways or to receive certain changes to different areas (presentation, timing, etc.) Good examples of an accommodation would be having a test read, using a pictorial schedule, using a calculator, receiving extra time, etc. A good way to remember these is that a student is still held to the same standard but just shows knowledge of that standard in a new way. In other words, if a teacher is measuring reading fluency, she wouldn't read the passage to the student (this is a modification). However, if she were measuring comprehension she could read the passage to the student.

modifications - delivered under IEPs; these make changes, typically lower, to expectations and/or standards of other students. Modifications are typically not necessary with high functioning students. These include limiting the number of answers on a test, lowering the number of math problems a student has to complete, etc.

These two terms are often confused. For those of you with children in schools, here are a couple of resources:
http://www.specialconnections.ku.edu/cgi-bin/cgiwrap/specconn/main.php?cat=instruction&section=main
http://iris.peabody.vanderbilt.edu/ - click on resources

Both of these sites give some great information about various strategies as well as information on accommodations and modifications.

From my past experience, my students with Asperger's were high functioning and did not require any modifications. We stuck to accommodations and, in some cases, used a one-on-one para. The students also had behavior intervention plans to assist in preventing 'melt-downs' and we had incorporated what I called 'triage' points throughout the day. (These triage points were based on a bit of data collection on their past behaviors. Some students needed a triage first thing in the morning, after lunch, and before they went home. Others only needed one a few days a week. Again, depends on the kiddo.) We also used focus rooms to help students begin to recognize when their behaviors were getting out of control and go to a safe spot for processing (this was in high school).

Law-wise, I would also like to clarify a couple of things:
IDEA 2004 has basically aligned the expectations with NCLB. That was its sole purpose. All districts are required to test all students using typical assessments (with or without accommodations), out of level assessments (for students performing below grade level), or alternate assessment (for students with "significant cognitive disabilities" - words not mine). Alternate assessment is reserved for only 2% of a school's population and is typically used with individuals with significant intellectual disabilities.

Where it starts to get sticky on assessment has to do with the accommodations detailed in the IEP (parents are equal members of the IEP team) and the validity of assessments. Some states, for instance, don't allow reading tests to be read since the testing manufacturers indicate that it violates the validity of the test. In many situations, students with Asperger's are not academically below grade level so the other two tests are not a valid measure either. Thus, when school personnel tell you that an accommodation may not be allowable on a particular assessment, they may just be making you aware. It's also worthy to note that these decisions are out of a district's hands and are decided by the state education agency (i.e. don't shoot the messenger).

Also understand that putting a student with special needs in a private school does not guarantee that a district will necessarily have to pay for it. In order for the school to be held liable for that tuition, you'll need to show that a comparable (this does not mean same) program was not available in that district and that the program the district offered was at least 'tried'. Sometimes a district may not pursue due process in this regards, but they are increasingly doing so with the some of the recent supreme court decisions and with rising costs associated with private school placement.

Finally, FAPE and LRE are two often confused words. Free, appropriate public education does not equal 'best'. It does mean that a student will be provided services that are appropriate for their needs. Least restrictive environment does not always equal complete inclusion either. It simply means that a student's needs will be taken into account when considering their placement along the service continuum (self-contained private setting all the way up to fully included in a public school). While full inclusion is certainly desirable, particularly when considering their future post-school environments, it may not be a suitable placement for all students. The IEP team (remember, this includes parents as an equal member) must consider the needs of the student when deciding on their placement.

I hope some of this helps. I would ask that those who are itching at flaming try to temper their remarks. If you feel something was explained in error, feel free to correct but I would ask that you cite your resources and I'll happily share mine - right down to the section of the law, if needed. If you would like further clarification of those sources or the actual citation to the law, feel free to ask too!

PS Since someone also posted that they refused to sign the IEP until it was exactly how they wanted it. The only times that signatures are needed is the consent for evaluation and initial placement. The IEP document signature page, following initial placement, is merely a recording of individuals who took part in the IEP. If you have a disagreement with the IEP, it is best to provide that specific information in a separate document attached to the IEP - provided that the district chooses not to adapt the IEP according to your input. Withholding a signature really has no effect. However, having a document detailing your disagreement with certain portions of the IEP can definitely detail a lack of collaboration.

[pcparamedics01]

Thank you for all the great info Maraena!!!! Sounds like you have a wealth of knowledge and some great experience! I am glad you posted!! I am very fortunate that I have a great District but as you read on some of these threads others are not so fortunate! So thank you I am sure some parents can really use the info that you have given here!!!:banana: :banana:

[Luv Bunnies]

Also understand that putting a student with special needs in a private school does not guarantee that a district will necessarily have to pay for it. In order for the school to be held liable for that tuition, you'll need to show that a comparable (this does not mean same) program was not available in that district and that the program the district offered was at least 'tried'. Sometimes a district may not pursue due process in this regards, but they are increasingly doing so with the some of the recent supreme court decisions and with rising costs associated with private school placement.


Thanks for all of the information. We know that the district doesn't have to pay for a private placement. When we met with the attorney yesterday, she said you have to show that you tried the district's program and that it was not successful for your child. We've already been trying for two months and the attorney said that was adequate time. If we end up in a Fair Hearing, the judge would need to be convinced that we gave it a fair try.


I hope some of this helps. I would ask that those who are itching at flaming try to temper their remarks. If you feel something was explained in error, feel free to correct but I would ask that you cite your resources and I'll happily share mine - right down to the section of the law, if needed. If you would like further clarification of those sources or the actual citation to the law, feel free to ask too!


No flames from me! I really apppreciate that you took so much time to explain all of this. I'm going to read it over again to make sure I didn't miss anything and also show it to my husband. The more knowledge we're armed with, the better! Thanks again!:)

[pcparamedics01]

[
I hope some of this helps. I would ask that those who are itching at flaming try to temper their remarks. If you feel something was explained in error, feel free to correct but I would ask that you cite your resources and I'll happily share mine - right down to the section of the law, if needed. If you would like further clarification of those sources or the actual citation to the law, feel free to ask too!


I would have to agree if you get emotional and are itching to slam them they tend to use this against you. I had that happen to me in pre-K.

[pcparamedics01]

Luvbunnies how did your tour go in the Aspies school?

[Luv Bunnies]

Luvbunnies how did your tour go in the Aspies school?

Thanks for asking. It actually went really well. We were impressed at the level of academics - the middle school kids were working on Earth Science and naming the layers of the earth which is exactly what my son is working on right now. If fact, he has to do a drawing of the earth's layers for homework this weekend. The high school kids were doing Chemistry. So academically the school seems really good. The also have a wonderful behavioral/social component to the program. The guy who designed the program and now works there as a consultant spent a lot of time explaining to us how it works. Then he told us he also has Asperger's! I was shocked but my husband said he'd already figured it out. We met an aide who has Asperger's too. He was extremely knowledgeable about behavior and how kids with Asperger's just can't fit into mainstream expectations. We kept nodding our heads and were so excited to hear them saying exactly what we've believed all along. Another aide who talked to us also has a child who attends the school. She raved about the program and said her daughter is almost ready to go back to her public school. Our official tour guide was a cute little boy who goes to the school. He very proudly led us around and showed us the classrooms.

We would be confident sending our son to the school. Our attorney is going to present it as an option to the special ed director. I'm sure there will be plenty of negotiating going on between them and we'll see where it goes from here!

[pcparamedics01]

Thanks for asking. It actually went really well. We were impressed at the level of academics - the middle school kids were working on Earth Science and naming the layers of the earth which is exactly what my son is working on right now. If fact, he has to do a drawing of the earth's layers for homework this weekend. The high school kids were doing Chemistry. So academically the school seems really good. The also have a wonderful behavioral/social component to the program. The guy who designed the program and now works there as a consultant spent a lot of time explaining to us how it works. Then he told us he also has Asperger's! I was shocked but my husband said he'd already figured it out. We met an aide who has Asperger's too. He was extremely knowledgeable about behavior and how kids with Asperger's just can't fit into mainstream expectations. We kept nodding our heads and were so excited to hear them saying exactly what we've believed all along. Another aide who talked to us also has a child who attends the school. She raved about the program and said her daughter is almost ready to go back to her public school. Our official tour guide was a cute little boy who goes to the school. He very proudly led us around and showed us the classrooms.

We would be confident sending our son to the school. Our attorney is going to present it as an option to the special ed director. I'm sure there will be plentynegotiating going on between them and we'll see where it goes from here!

Hey Luvbunnies it sounds wonderful!!!! I am soooo happy for you!!!! Just be careful is there a provisional certificate???

[Luv Bunnies]

Hey Luvbunnies it sounds wonderful!!!! I am soooo happy for you!!!! Just be careful is there a provisional certificate???

Thanks, pc. What's a provisional certificate?

[tw1nsmom]

I'm rather hesitant to reply to this thread, but I would like to offer information on special education law as needed. I am not a lawyer and am not offering services. Nor am I an advocate. I have seen due process cases from both sides of the table and have been involved in mediations. I also have classroom experience and am in the final throes of a doctoral degree in the area.

The Wrights law link is fantastic. I would encourage anyone with a child in special education to know their rights and this offers information that is fairly easy reading as well as accurate. I would also encourage you to find your state's regulations on special education. Likewise, I would encourage you to all read your state Parent's Right book that you should receive at least yearly. (I recall several parents with whom I used to work telling me that they were going to wallpaper with them. Please don't be those parents.) Finally, contact your state department of education and talk with someone in special services. Remember that state laws on education may differ substantially. Some states choose to barely meet the federal requirements while others go above and beyond what is required.

That being said, I think there's a bit of confusion of terms going on in this post. I would like to, at least, clarify those terms:

accommodations - delivered under IEPs and 504s; these allow students to progress towards goals identical to their peers but to show mastery in new ways or to receive certain changes to different areas (presentation, timing, etc.) Good examples of an accommodation would be having a test read, using a pictorial schedule, using a calculator, receiving extra time, etc. A good way to remember these is that a student is still held to the same standard but just shows knowledge of that standard in a new way. In other words, if a teacher is measuring reading fluency, she wouldn't read the passage to the student (this is a modification). However, if she were measuring comprehension she could read the passage to the student.

modifications - delivered under IEPs; these make changes, typically lower, to expectations and/or standards of other students. Modifications are typically not necessary with high functioning students. These include limiting the number of answers on a test, lowering the number of math problems a student has to complete, etc.

These two terms are often confused. For those of you with children in schools, here are a couple of resources:
http://www.specialconnections.ku.edu/cgi-bin/cgiwrap/specconn/main.php?cat=instruction&section=main
http://iris.peabody.vanderbilt.edu/ - click on resources

Both of these sites give some great information about various strategies as well as information on accommodations and modifications.

From my past experience, my students with Asperger's were high functioning and did not require any modifications. We stuck to accommodations and, in some cases, used a one-on-one para. The students also had behavior intervention plans to assist in preventing 'melt-downs' and we had incorporated what I called 'triage' points throughout the day. (These triage points were based on a bit of data collection on their past behaviors. Some students needed a triage first thing in the morning, after lunch, and before they went home. Others only needed one a few days a week. Again, depends on the kiddo.) We also used focus rooms to help students begin to recognize when their behaviors were getting out of control and go to a safe spot for processing (this was in high school).

Law-wise, I would also like to clarify a couple of things:
IDEA 2004 has basically aligned the expectations with NCLB. That was its sole purpose. All districts are required to test all students using typical assessments (with or without accommodations), out of level assessments (for students performing below grade level), or alternate assessment (for students with "significant cognitive disabilities" - words not mine). Alternate assessment is reserved for only 2% of a school's population and is typically used with individuals with significant intellectual disabilities.

Where it starts to get sticky on assessment has to do with the accommodations detailed in the IEP (parents are equal members of the IEP team) and the validity of assessments. Some states, for instance, don't allow reading tests to be read since the testing manufacturers indicate that it violates the validity of the test. In many situations, students with Asperger's are not academically below grade level so the other two tests are not a valid measure either. Thus, when school personnel tell you that an accommodation may not be allowable on a particular assessment, they may just be making you aware. It's also worthy to note that these decisions are out of a district's hands and are decided by the state education agency (i.e. don't shoot the messenger).

Also understand that putting a student with special needs in a private school does not guarantee that a district will necessarily have to pay for it. In order for the school to be held liable for that tuition, you'll need to show that a comparable (this does not mean same) program was not available in that district and that the program the district offered was at least 'tried'. Sometimes a district may not pursue due process in this regards, but they are increasingly doing so with the some of the recent supreme court decisions and with rising costs associated with private school placement.

Finally, FAPE and LRE are two often confused words. Free, appropriate public education does not equal 'best'. It does mean that a student will be provided services that are appropriate for their needs. Least restrictive environment does not always equal complete inclusion either. It simply means that a student's needs will be taken into account when considering their placement along the service continuum (self-contained private setting all the way up to fully included in a public school). While full inclusion is certainly desirable, particularly when considering their future post-school environments, it may not be a suitable placement for all students. The IEP team (remember, this includes parents as an equal member) must consider the needs of the student when deciding on their placement.

I hope some of this helps. I would ask that those who are itching at flaming try to temper their remarks. If you feel something was explained in error, feel free to correct but I would ask that you cite your resources and I'll happily share mine - right down to the section of the law, if needed. If you would like further clarification of those sources or the actual citation to the law, feel free to ask too!

PS Since someone also posted that they refused to sign the IEP until it was exactly how they wanted it. The only times that signatures are needed is the consent for evaluation and initial placement. The IEP document signature page, following initial placement, is merely a recording of individuals who took part in the IEP. If you have a disagreement with the IEP, it is best to provide that specific information in a separate document attached to the IEP - provided that the district chooses not to adapt the IEP according to your input. Withholding a signature really has no effect. However, having a document detailing your disagreement with certain portions of the IEP can definitely detail a lack of collaboration.



It's obvious that you're very well informed. Your post gives a lot of very good information. I do disagree with your assessment of the relationship between NCLB and IDEA 2004. While the language in both was synced up, the purpose is still separate. NCLB is meant to provide accountability to the schools to make sure that they're doing they're job. IDEA is an update of an existing set of laws that are in place to protect the rights of special needs students. The standardized tests involved in NCLB aren't supposed to be used for individual assessments of students and they certainly shouldn't be used if alternative testing/assessments are listed on a child's IEP.

You also find (at least in my area and my state) that some districts try to get around the requirement of testing all students (except a very small percent) by either placing more children in the lower achieving self-contained classes than belong there, or by not providing a truly full continuum of services they force parents to accept out of district placements. This gets those students off their testing records. I've even experienced, through my parent advocacy group, some parents being told that if their child is "sick" on testing day they shouldn't push them to go.

In my instance, the principal balked at putting "access to a computer for longer writing assignments" because she said that the computer couldn't be used in third grade. My son's writing is extremely illegible due to motor delays and motor planning problems. The mechanics of writing are getting in the way of the writing process. I first informed her that the CSE meeting at the beginning of second grade is not the place to emphasize testing needs for the end of third grade and that his overall learning needs were more important than future testing considerations. I also know, for a fact, that while computers can't be used during standardized testing in NY and reading passages can't be read to students, a scribe can be offered during the written portion. Because our schools haven't traditionally offered inclusion (I know that LRE and inclusion aren't the same things) for any of their special needs students the administrators don't seem to now what to do to facilitate testing. I won't even get into the rest of the sometimes illegal and highly inappropriate statements that were made at that meeting. Not all districts/district personnel know the laws or follow them.

My son does extremely poorly on standardized tests directly due to his disability. I will work with his school to make sure as many testing accommodations are in place. However, while he may have to take the standardized tests I will make sure (by putting it in his IEP) that they aren't used to assess his competency in his subjects.

As to the signing of IEP's, I agree that not all districts have you sign something to indicate your agreement. Some do, and if that's the case and you don't agree with it, don't sign. As you said, if your district doesn't require a signature option then you would have to put your disagreement in writing. In NY we still have status quo (it was removed by IDEA 2004 but put back in by our state legislature), so al I had to do when I disagreed with DS's spring IEP was to request status quo and his current IEP stood until outside evaluations took place and and agreement could be reached.

Lastly, when it comes to private school placement, there has been a recent change. While a parent should never place a child in a private school assuming the district absolutely will pay, a recent Supreme Court decision says that a parent doesn't necessarily have to try the program that the district offers first.http://cityroom.blogs.nytimes.com/2007/10/10/new-york-city-loses-special-education-appeal/

[Maraena]

Thanks for asking. It actually went really well. We were impressed at the level of academics - the middle school kids were working on Earth Science and naming the layers of the earth which is exactly what my son is working on right now. If fact, he has to do a drawing of the earth's layers for homework this weekend. The high school kids were doing Chemistry. So academically the school seems really good. The also have a wonderful behavioral/social component to the program. The guy who designed the program and now works there as a consultant spent a lot of time explaining to us how it works. Then he told us he also has Asperger's! I was shocked but my husband said he'd already figured it out. We met an aide who has Asperger's too. He was extremely knowledgeable about behavior and how kids with Asperger's just can't fit into mainstream expectations. We kept nodding our heads and were so excited to hear them saying exactly what we've believed all along. Another aide who talked to us also has a child who attends the school. She raved about the program and said her daughter is almost ready to go back to her public school. Our official tour guide was a cute little boy who goes to the school. He very proudly led us around and showed us the classrooms.

We would be confident sending our son to the school. Our attorney is going to present it as an option to the special ed director. I'm sure there will be plenty of negotiating going on between them and we'll see where it goes from here!

Sounds like a really good school. Also, just FYI, there are a number of professors in higher ed that have been diagnosed with Asperger's, either prior to assuming the position or resulting from having a child with symptoms. Kids with Asperger's are exceedingly bright - typically above average - and never let anyone tell you otherwise.

[pcparamedics01]

Thanks, pc. What's a provisional certificate?

A Special Ed Diploma. My one friend found out after a year of being there that the school gave out a Special ed diploma.

[pcparamedics01]

Sounds like a really good school. Also, just FYI, there are a number of professors in higher ed that have been diagnosed with Asperger's, either prior to assuming the position or resulting from having a child with symptoms. Kids with Asperger's are exceedingly bright - typically above average - and never let anyone tell you otherwise.



Isn't that the truth!!!! :goodvibes :goodvibes

[Maraena]

It's obvious that you're very well informed. Your post gives a lot of very good information. I do disagree with your assessment of the relationship between NCLB and IDEA 2004. While the language in both was synced up, the purpose is still separate. NCLB is meant to provide accountability to the schools to make sure that they're doing they're job. IDEA is an update of an existing set of laws that are in place to protect the rights of special needs students. The standardized tests involved in NCLB aren't supposed to be used for individual assessments of students and they certainly shouldn't be used if alternative testing/assessments are listed on a child's IEP.

My assessment of the alignment of IDEA 2004 and NCLB was based in part on the findings and implicit purpose of IDEA 2004. Specifically, (c)(5)(C) found at the very beginning of the act speaks of aligning with other efforts and directly mentions the Elementary and Secondary Act of 1965 (aka NCLB). The highly qualified pieces, assessment emphasis, and many of the discipline pieces also coincide with NCLB.

Absolutely correct. The IEP goals should be assessed according to solid data collection mechanisms. Using a standardized assessment for that purpose would denote that the district was not necessarily individualizing for that student. Afterall, if we're going to assess on the exact same goals as other students what's the purpose of special education?

You also find (at least in my area and my state) that some districts try to get around the requirement of testing all students (except a very small percent) by either placing more children in the lower achieving self-contained classes than belong there, or by not providing a truly full continuum of services they force parents to accept out of district placements. This gets those students off their testing records. I've even experienced, through my parent advocacy group, some parents being told that if their child is "sick" on testing day they shouldn't push them to go.

Interesting. I've heard of this happening but schools still have to show assessments for each of the children in that school. Absenteeism is not an option. If I were you, I'd definitely take this one up with the state. They won't be pleased. Both the statute and the regulations are very clear on this one. All students with disabilities must be assessed either according to regular or alternate standards. All means all. Telling a parent to keep a kid home from school only means that the district now has to provide a date for a makeup exam.

In my instance, the principal balked at putting "access to a computer for longer writing assignments" because she said that the computer couldn't be used in third grade. My son's writing is extremely illegible due to motor delays and motor planning problems. The mechanics of writing are getting in the way of the writing process. I first informed her that the CSE meeting at the beginning of second grade is not the place to emphasize testing needs for the end of third grade and that his overall learning needs were more important than future testing considerations. I also know, for a fact, that while computers can't be used during standardized testing in NY and reading passages can't be read to students, a scribe can be offered during the written portion. Because our schools haven't traditionally offered inclusion (I know that LRE and inclusion aren't the same things) for any of their special needs students the administrators don't seem to now what to do to facilitate testing. I won't even get into the rest of the sometimes illegal and highly inappropriate statements that were made at that meeting. Not all districts/district personnel know the laws or follow them.

I can 'somewhat' see the principal's perspective on this one. Students who receive accommodations in the general classroom that are different from those they receive on a test often don't show the true level of their knowledge on that assessment. I think what might be possible here is for your child(ren) to receive both accommodations (or I might even suggest using an audio tape too) so that they become accustomed to using the computer - a real life skill - and using a scribe. Many states are moving to computer-assisted assessment so that may become an option very soon too.

As to the signing of IEP's, I agree that not all districts have you sign something to indicate your agreement. Some do, and if that's the case and you don't agree with it, don't sign. As you said, if your district doesn't require a signature option then you would have to put your disagreement in writing. In NY we still have status quo (it was removed by IDEA 2004 but put back in by our state legislature), so al I had to do when I disagreed with DS's spring IEP was to request status quo and his current IEP stood until outside evaluations took place and and agreement could be reached.

Wow! Great insight on your particular state's practices. I definitely appreciate you sharing this. Status quo sounds much like the 'stay put' option in the federal statute/regs. While many states don't make it as well-known as NY obviously does, it still exists. I definitely do appreciate this bit of information. You are quite well-informed.

Lastly, when it comes to private school placement, there has been a recent change. While a parent should never place a child in a private school assuming the district absolutely will pay, a recent Supreme Court decision says that a parent doesn't necessarily have to try the program that the district offers first.http://cityroom.blogs.nytimes.com/2007/10/10/new-york-city-loses-special-education-appeal/

I was actually just discussing this ruling with one of the legal professors here at my university. It is definitely showing a different philosophy than the previous Shaeffer case in 2005 (ruling that found that when a parent lost a due process suit, they had to pay the fees associated). We were both somewhat concerned about this ruling as it's still not terribly clear-cut. Our concern was that parents will get the idea that they don't even have to consider the other option (which you haven't implied). In looking at the docket for this particular case, the parents showed clearly that they had carefully considered the options offered in light of the appropriateness for their child. Both of the options also went against previous LRE. My concern is that parents will see the ruling and immediately put their child in private school without documenting that careful consideration piece. I'd be interested in your perspective, from the parent/advocate side as well.

I do want to thank everyone for the kind words and especially Twinsmom for the very enlightening conversation and debate. I do find this stuff interesting and like to hear how other states are applying it well or even not so well. My main area of interest in this law has to do with highly qualified teachers and alternative certification but I do have access to others with more experience in specific areas.

I have received a couple of PMs in regards to the information I posted here and would ask that individuals try to keep to broad topics if you want my input. I'm very leery of offering advice to specific instances simply because I've always recognized that there are often at least 2 sides to every story. Without looking at paperwork, environment, culture, state regs, etc. I don't feel I'm overly qualified to remark on specific practice. Most likely I'll just tell you to contact your local state department or parent center.

Thanks again for all the valuable feedback. Also, for those who like to watch policy, NCLB is up for reauthorization this year. The odds aren't good that it's going to go through in this current congressional session so most likely we'll be seeing it next year. There is a rumor (out of DC) that NCLB and IDEA are going to be, in essence, further aligned. Some are projecting that in the future IDEA could be completely absorbed into NCLB. It's definitely something to keep tabs on.

[pcparamedics01]

As to the signing of IEP's, I agree that not all districts have you sign something to indicate your agreement. Some do, and if that's the case and you don't agree with it, don't sign. As you said, if your district doesn't require a signature option then you would have to put your disagreement in writing. In NY we still have status quo (it was removed by IDEA 2004 but put back in by our state legislature), so al I had to do when I disagreed with DS's spring IEP was to request status quo and his current IEP stood until outside evaluations took place and and agreement could be reached.


In my District you are signing that you attending the meeting and who will be present. They have one person allocated to typing the notes as we speak in the meeting. It is considered a DRAFT.And they write on it DRAFT. The notes get typed up and they are sent to me. I read it to make sure there are no errors then it is official. In my old District where I had serious problems my advocate would tape the meeting. When that happens the District has to tape it too! That got harry, I am so glad I am not there!!!! Talk about hair loss!!!

[pcparamedics01]

Status Quo is in my District too! If we do not agree the original IEP stands until we agree!!

[pcparamedics01]

(I recall several parents with whom I used to work telling me that they were going to wallpaper with them. Please don't be those parents.)

Funny you say that! That is exactly what I said in many meetings! I can wallpaper my room with it. I have read the Parents Rights so many times I think I have it memorized it! It is one page both sides. They give it to me before the meeting, during and after!!! I guess you are right though I should not say that!!!:rolleyes1 . Great point!

[Maraena]

[QUOTE=Maraena;21379969] (I recall several parents with whom I used to work telling me that they were going to wallpaper with them. Please don't be those parents.)

Funny you say that! That is exactly what I said in many meetings! I can wallpaper my room with it. I have read the Parents Rights so many times I think I have it memorized it! It is one page both sides. They give it to me before the meeting, during and after!!! I guess you are right though I should not say that!!!:rolleyes1 . Great point!

Nah, say it all you like. As long as you've read it, that's perfectly fine with me. In these instances, the parents didn't read it nor did they plan on reading it. They just assumed it was legalese that they didn't need to know or that we'd point out specifics to them to protect their rights. That isn't always the case and many assume that parents have read the rights and are knowledgable about them.

One thing I always encouraged parents to do is to:
1. Ask what, if any changes, are there from their prior IEP meeting.
2. If something isn't clear, ask for clarification from the teacher. (This is actually a requirement in most states that teachers ask if parents have any questions about the parental rights.)
3. If this is your first time in an IEP meeting or evaluation, have them explain the contents to you beforehand. Then make sure you actually read them following.

Also, districts aren't required to give a copy of parental rights at every meeting any longer. (I'll have to check the exact citation on this one but I believe it's in the federal regulations.) If there are no changes and/or you don't need/want another copy, you don't have to take multiple copies.

Personally, I think there should be electronic copies offered as an option. The amount of paper wasted on repeatedly handing out those things is astronomical. Plus the electronic copies would be more easily searchable and potentially accessible if parents also have disabilities.

[pcparamedics01]

[QUOTE=pcparamedics01;21393263]

Nah, say it all you like. As long as you've read it, that's perfectly fine with me. In these instances, the parents didn't read it nor did they plan on reading it. They just assumed it was legalese that they didn't need to know or that we'd point out specifics to them to protect their rights. That isn't always the case and many assume that parents have read the rights and are knowledgable about them.

One thing I always encouraged parents to do is to:
1. Ask what, if any changes, are there from their prior IEP meeting.
2. If something isn't clear, ask for clarification from the teacher. (This is actually a requirement in most states that teachers ask if parents have any questions about the parental rights.)
3. If this is your first time in an IEP meeting or evaluation, have them explain the contents to you beforehand. Then make sure you actually read them following.

Also, districts aren't required to give a copy of parental rights at every meeting any longer. (I'll have to check the exact citation on this one but I believe it's in the federal regulations.) If there are no changes and/or you don't need/want another copy, you don't have to take multiple copies.

Personally, I think there should be electronic copies offered as an option. The amount of paper wasted on repeatedly handing out those things is astronomical. Plus the electronic copies would be more easily searchable and potentially accessible if parents also have disabilities.

I agree! Save a tree.... I have a question? How did you get into this, if you are not an Atty, advocate and you do not have a child with SN's? Is this just something that interests you? I am throughly impressed with all the info that you have given all of us..:grouphug:

[Maraena]

[QUOTE=Maraena;21393453]

I agree! Save a tree.... I have a question? How did you get into this, if you are not an Atty, advocate and you do not have a child with SN's? Is this just something that interests you? I am throughly impressed with all the info that you have given all of us..:grouphug:

Well, I've been in it in one way or another since I was...hrmm, around 10 (started peer tutoring with individuals with significant disabilities). I guess I just find it interesting. :flower3:

[pcparamedics01]

[QUOTE=pcparamedics01;21393592]

Well, I've been in it in one way or another since I was...hrmm, around 10 (started peer tutoring with individuals with significant disabilities). I guess I just find it interesting. :flower3:

Wonderful!!! You know that once we found out how knowledgeable you are you cannot ever leave here on the Disabilities Boards right?: :woohoo: :woohoo: :lmao: :lmao: ;)

[Maraena]

[QUOTE=Maraena;21393765]

Wonderful!!! You know that once we found out how knowledgeable you are you cannot ever leave here on the Disabilities Boards right?: :woohoo: :woohoo: :lmao: :lmao: ;)

I better submit my schedules now then! :lmao: Actually, you're definitely not going to find me on here in mid December. I'm going to be enjoying myself in WDW. :banana:

As for the knowledge piece, I think you all have some true gems here with a lot of expertise in this area. My knowledge is fairly broad in the in's and out's of legal bits with special education. Their's is more narrowed to their particular needs. I merely offer another perspective and can provide a few more resources of which they might or might not be aware.

Special education and the delivery of special services should always be a collaborative effort between schools, the student, teachers, parents, and other providers. :grouphug: The expertise that you all, as parents and providers, is absolutely necessary in the whole scheme of things. Don't ever let anyone tell you differently and always try to keep yourself as well informed about your child's education as you would about any other major life decision. I'd say you all are doing a great job of that.

[tw1nsmom]

I was actually just discussing this ruling with one of the legal professors here at my university. It is definitely showing a different philosophy than the previous Shaeffer case in 2005 (ruling that found that when a parent lost a due process suit, they had to pay the fees associated). We were both somewhat concerned about this ruling as it's still not terribly clear-cut. Our concern was that parents will get the idea that they don't even have to consider the other option (which you haven't implied). In looking at the docket for this particular case, the parents showed clearly that they had carefully considered the options offered in light of the appropriateness for their child. Both of the options also went against previous LRE. My concern is that parents will see the ruling and immediately put their child in private school without documenting that careful consideration piece. I'd be interested in your perspective, from the parent/advocate side as well.


I want to thank you for your information and insight as well. I will always come from a slightly more emotional perspective as this is my "baby" I'm tlking about. I'm usually slightly more objective when helping others.

I am a little concerned how some parents may interpret this ruling as well. I've helped parents before who only hear what the want to hear. I'm a lay advocate with an organization whose goal is to give all parents the knowledge necessary to advocate effectively for their own child. Some are more willing to learn than others. We also believe strongly that most advancements in the field have come from parents who have pushed the system to change the expectations for their children and to provide them with an equal chance at life. I was just at a dinner last night and heard from a lady whose daughter was born 59 years ago with a developmental disability and the only resource back then was institutionalization. This women, and others were at the forefront of changing how those with developmental disabilities learn and live their lives. I hope to pick up the torch and challenge the current laws and systems to the benefit of mine and all children.

As to the ruling, I think it will benefit parents and children in the long run. I can't imagine sending my child away to a special boarding school (he's only 7 and there are no appropriate local special needs private schools). However, if the districts begin to see that it's a real possibility that they will be forced to pay upwards of $75,000 a year in private school tuition for some students they may begin to offer more appropriate in district placements/programs and accommodations. The power lies very much with the districts still. Every little shift towards the parents make them more equal partners and will make negotiations more balanced.

[pcparamedics01]

I want to thank you for your information and insight as well. I will always come from a slightly more emotional perspective as this is my "baby" I'm tlking about. I'm usually slightly more objective when helping others.


I am with you here! A Mom is never really objective when it is about her baby! My baby is ASD9. I have also a DD4 that is not special needs. She is the one that I have to watch. I said to her one day when she was 3 "Madison that is non-negotiable!" She replied, "Mommy everything is negotiable." From that day on I knew I was in trouble!!! ;) ;)

We all have to be our child's advocate! I am a true believer of this! Then have an additional advocate in every IEP meeting!

[pcparamedics01]

[QUOTE=pcparamedics01;21393875]

Special education and the delivery of special services should always be a collaborative effort between schools, the student, teachers, parents, and other providers. :grouphug: The expertise that you all, as parents and providers, is absolutely necessary in the whole scheme of things. Don't ever let anyone tell you differently and always try to keep yourself as well informed about your child's education as you would about any other major life decision. I'd say you all are doing a great job of that.



Well said!!! Only it often wears you down, especially when you always have to fight for services!!!!:eek: :eek: :eek: