At Wrightslaw, our goals are to help you gain the information and skills you need to navigate the confusing world of special education.
Guide to No Child Left Behind; new case - parent reimbursed as ABA
therapy provider; From Emotions to Advocacy gets great reviews; autism
and ABA therapy caselaw; myths and realities about testing; Pete &
Pam's schedule for Fall 2002.
of the Week: "A century of research has failed to
demonstrate the benefits of grade
The Special Ed Advocate newsletter is free - please forward this issue or the subscription link to your friends and colleagues so they can learn about special education law and advocacy too. We appreciate your help!
A Parent's Guide to No Child Left Behind
by Suzanne Heath
emphasizes accountability and teaching methods that work.
In A Parent's Guide to No Child Left Behind, you learn about new requirements for teachers and paraprofessionals, school and school district report cards, annual testing in math and reading. You will also learn about new options for parents including transfers from failing schools and free supplemental services - tutoring, after-school programs and summer school.
about No Child Left Behind - how it applies to you, your child, and
your school - download A
Parent's Guide to No Child Left Behind at:
2. Free Pub: Grade Retention is Ineffective, May Be Harmful
In Grade Retention: Achievement & Mental Health Outcomes, the National Association of School Psychologists (NASP) warns that schools may retain more children in response to pressures to improve school performance and test scores.
Research does not support grade retention as an effective intervention. "Retention is ineffective, and may be harmful . . . Retention at any grade level is associated with later high school dropout . . ."
According to NASP, "Early identification for prevention and intervention is essential . . . we must focus on implementing evidence-based prevention and intervention strategies to promote social and cognitive competence and facilitate the academic success of all students."
recommends several alternatives to retention: reading programs, direct
instruction, well-designed after-school programs, tutoring, and summer
3. New Decision: Parent Reimbursed as ABA Therapy Provider
Since the U. S. Supreme Court issued a 9-0 decision in Florence County v. Shannon Carter, it has been established that parents can seek reimbursement for private ABA therapy providers if: (1) they can establish that the school district failed to provide FAPE, and (2) the program they secure for their child is appropriate.
On October 4, the Federal District Court (E.D. PA) held that a parent may be compensated by the school district for providing ABA services. This appears to be the first time any federal court has made such a ruling.
According to Gary Mayerson, attorney for the parent:
"While the District Court held that the federal IDEA statute is broad enough to encompass direct compensation to parents, it cautioned that its decision would be limited to the situation where
(a) the local educational agency fails to provide a free and appropriate public education, (b) the parent supplies services which are established to be appropriate, and (c) the parent receives training."
you are interested in ABA/Lovaas therapy, early intervention, or parental
reimbursement, you will want to read Mr.
Mayerson's analysis of the decision in Bucks County Dept
of Mental Health v. De Mora:
4. From Emotions to Advocacy - Great Reviews!
this book to be tabbed and dog-eared as it becomes an invaluable advocacy
tool." - The Tourette Gazette (Fall 2002)
5. Autism & ABA/Lovaas Caselaw
are interested in autism, ABA/Lovaas therapy, early intervention,
or research-based educational methods, please visit our Autism
Page for dozens of articles, cases, free pubs, and book recommendations:
C. v. Clark County Sch. Dist. and Nevada Dept of Educ.
(9th Cir. 2001)
Deal v. Hamilton Dept of Educ (TN Due Process Decision Aug
Jaynes v. Newport News (E.D. VA 2000)
v. Kanawaha (S.D. WVA 2000)
6. Testing: Myths & Realities
How many of these statements about testing are true?
Testing suppresses teaching and learning.
How many of those statements are true? How many are myths? Confused
7. Advocacy Training: Fall 2002 Schedule
Knowledge is power. When you have information and skills, you will be a more effective advocate for your child. Our role is to help you gain this knowledge so you can negotiate on your child's behalf.
November, we travel to Ontario, CA for the LDA of California conference,
then to Atlanta for the International Dyslexia Association conference.
7-9, 2002: Los Angeles, CA. Full
day of advocacy training on Nov 7; additional sessions on Nov
January 15-20, 2003: From Emotions to Advocacy Cruise - Don't Miss It!
to Plan a Training Program or Seminar
8. Subscription & Contact Info
The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, tactics and strategy, and Internet resources. Subscribers receive announcements and "alerts" about new cases, events, and special offers on Wrightslaw books.