Wrights
law


The Special Ed Advocate Newsletter
June 6, 1998

 Home  >  Advocacy Libraries  >  Newsletter Archives  >  1998  >  June 6

Home  
Issue - 4

ISSN: 1538-3202


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Programs

Apr 26 - Little Rock, AR

May 9 - Los Angeles, CA

June 3 - NYC

June 22 - Chicago, IL

June 26 - Lawrence, MA

Aug 2 - Birmingham, AL

Aug 3-8 Williamsburg, VA

Full Schedule

Be a Hero ...

 Candle in window
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
 Summer School Series
 Be an Advocate!
 Organizing the File
 Letter Writing
 Back to School
 For Advocates
 For Parents
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 
The Special Ed Advocate is a free online newsletter about special education legal issues, cases, tactics and strategy, educational methods that work, and Internet links.

We publish this newsletter occasionally, when time permits. Back issues of The Special Ed Advocate are archived at our web site -

http://www.wrightslaw.com

As a subscriber to The Special Ed Advocate, you will receive announcements and "alerts" about new cases and other events. Contact, copyright, and subscription information can be found at the end of this newsletter.


"THE INSIDE STORY OF THE $600,000 JURY VERDICT" by Laura Whiteside, Esq.

NEWS FLASH! $133,000 SETTLEMENT TO MISSOURI PARENTS IN ABA-AUTISM CASE

NEW CASE!! Muller v. East Islip Union Free School District (Second Circuit, May 22, 1998)- eligibility, conduct disorder v. emotional disturbance

NEW CASE!! Yankton v. Schramm (Eighth Circuit decision, date) - 504 v. IDEA, transition

News Update - COPAA

Letters to the Webmaster - Read "Letter from Jackie" about making an inter-state move.


(1) "THE INSIDE STORY OF THE $600,000 JURY VERDICT"
    by Laura Whiteside, Esq.

Five years after they requested a special education due process hearing. Andrew Whitehead's parents had their day in court. On April 3, after deliberating for less than two hours, a Florida jury found that the Hillsborough School Board retaliated against the parents for attempting to protect their son's rights under Section 504 of the Rehabilitation Act.

The jury awarded each parent $300,000.00.

On April 6, we advised Special Ed Advocate subscribers about this case. After Pete talked with Laura Whiteside, the parents' attorney, she agreed to write an article about "The Inside Story" of this precedent-setting case.

We promised to keep you posted about new developments in this case. On April 21, the Hillsborough School Board asked the Court for a new trial - or to reduce the damages awarded by the jury. The school board also asked the Court to issue an order holding the parents responsible for the school district's costs to defend the intentional discrimination issues.

On May 24, an injunction was entered that prohibits the School Board from failing to specify the special education and related services that are Andrew's IEP. The IEP must include the services Andrew needs.

You can read the "Inside Story" at

http://www.wrightslaw.com/ltr_whiteside_980606.html


NEWS FLASH!

$133,000 SETTLEMENT TO MISSOURI PARENTS IN ABA-AUTISM CASE

Daniel Asbury is six years old. He also has autism. After two years in the school district's self-contained preschool program, Daniel made only two months of "progress."

Daniel's parents, Michael and Kathryn Asbury, decided to do some research on programs that have a better track record. They learned about Applied Behavioral Analysis. Later, Daniel's parents developed an ABA program for their son.

In ABA therapy programs, the autistic child receives intensive one-on-one therapy, six hours a day, seven days a week, for two to three years.

After 11 months of therapy, Daniel made 46 months of progress in communication skills. When his parents asked the district to continue the ABA program, the district refused.

Daniel's parents filed suit against the district. They claimed that the district failed to provide Daniel with an appropriate education - and that Daniel was damaged by the district's inappropriate program.

Read the press release

Read the actual settlement agreement


NEW CASE !!

On May 22, 1998, the Second Circuit issued a decision in Muller v. East Islip Union Free School District.

In this case, the school district claimed that the child had a "conduct disorder" so this made her ineligible for special education.

The Second Circuit upheld the District Court's decision that T. Muller was a child with a disability (SED). As a child with a disability, T. was entitled to a free appropriate education. The court awarded T. compensatory damages and attorney's fees.

You will find Muller v. East Islip in the Law Library.

http://www.wrightslaw.com/case_Muller_Islip_2dCir_Eligibility.html


NEW CASE !!

A few weeks ago, we introduced our first guest, Sonja Kerr. Sonja is the well-known special education attorney from Minnesota. We told you about Sonja's advice-packed article for attorneys, "Letter to Damon."

http://www.wrightslaw.com/ltr_to_new_lawyer_Kerr.html

On June 6, we added another of Sonja's recommended cases, Yankton v. Schramm, to the Law Library.

Wonder why so many school districts fight tooth and nail to avoid providing special education services - but are happy to write a 504 Plan for that child?

In Yankton v. Schramm, the Eighth Circuit considered the case of a 16 year old who had cerebral palsy. The school district unilaterally terminated this child's special education eligibility - over her parents' objections. Yet, the district was quite willing to provide accommodations under Section 504.

After Eighth Circuit analyzed this young girl's situation, and the rights under IDEA and Section 504, they agreed that she was eligible for special education and related services under IDEA. They affirmed that as a recipient of services under IDEA, she would receive 504 protections. The Court also discussed transition services.

The newly authorized IDEA focuses on the need to provide quality special education. The new IDEA also emphasizes transition services. If you have an interest in eligibility, 504 issues, or transition, read Yankton v. Schramm.

http://www.wrightslaw.com/case_yankton_IDEA_504_8thCir.html


NEWS UPDATE - COPAA!

COPAA is the new nonprofit organization of attorneys, advocates and parents established to improve the quality and quantity of legal assistance to parents of children with disabilities.

In January, nearly 200 attorneys and advocates met in Orlando for the first COPAA conference. Plans for next year's conference are in the works now.


LETTERS TO THE WEBMASTER

We receive lots of letters from people with questions. We also receive lots of letters from people who disagree with our positions and opinions.

We believe that differing views, tactics, strategies, beliefs, opinions, and prejudices make for interesting reading. If you have an idea, position, or just want to stimulate debate, send us an email.

We are working on a new section for our web site , "Letters to the Webmaster."

If you have a favorite tip, tactic, or strategy that you'd like to share with us, send it to

webmaster@wrightslaw.com

Planning a move? This week, we received an e-mail from Jackie. Jackie wanted advice about moving to another state. Jackie is very satisfied with her child's special education program. She asked what steps parents can take to find a good special ed program. Pete answered her questions.

Read "Letter to Jackie" in the Special Ed Advocacy Library.

http://www.wrightslaw.com/ltr_from_Jackie_re_move.html

To Subscribe

Home

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright Wrightslaw: All About IEPs Surviving Due Process: Stephen Jeffers v. School Board

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map