The Wrightslaw Way

Mark your calendars! Join Pete in Oklahoma City, Pat in St. Paul and Wayne in Peoria, IL.

FREE - December 3, 2009: Oklahoma City, OK - Special Education Law and Advocacy Training sponsored by the  Oklahoma Disability Law Center and Partners in Education Advocacy. Speaker: Pete Wright.

December 3, 2009: St. Paul, MN - From Emotions to Advocacy Training sponsored by the Autism Society of Minnesota. Speaker: Pat Howey.

December 4, 2009: Peoria, IL - Special Education Law and Advocacy Training sponsored by DisabilityGoTo, Inc. Speaker: Wayne Steedman.

Sign up today!

Tags:   Advocacy · Conference · Special Education Law · special education trainingNo Comments.

Can a parent request that the school use exactly the same tests when evaluating a student for his triennial IEP?  We want the same tests conducted to compare progress.

No, there is no requirement or regulation that a school use the same tests. If a parent requests this, it’s very unlikely that a school would comply. [Read more →]

Tags:   Evaluations · Independent Evaluations · Parental Rights · Reading · Special Education Law · Strategies · Test Scores2 Comments

I am a high school psychologist. What is the law for students who have already been tested 2 times. Colleges and our state Voc/Ed  Services tell me I need to do a WAIS AND achievement testing every three years - no matter what -  even if the student is placed appropriately.

1) When should I do just a records review? What does this entail?
2) When should I do  just a WAIS and/or the achievement (subject) area of historical weakness?

I am sorry, but I cannot answer your question - by doing so, I could run afoul of providing legal advice to someone, presumably out of state, who is not a client. The VA State Bar would frown on that.

However, I can tell you where to find the correct answer… [Read more →]

Tags:   Eligibility · Evaluations · IDEA 2004 · Placement · Special Ed Law · Special Education Regulations · Test Scores2 Comments

My 6 year old grandson has ASD, Juvenile Rheumatoid Arthritis, & Hypermobility Syndrome. He is prone to fractures and in danger of re-fracturing the same bone over & over.

He was physically restrained at school and received numerous bruises. The principal said he was restrained for rocking back & forth in a chair. My understanding is that a child should only be restrained when a threat to self or another child or person.

I’m going to have his medical specialist write something about restraints being contraindicated to his medical conditions. I am also picking up the report from the school district regarding the physical restraint. What else should I do?

First, you need to document everything you are told and everything you learn. Make a log and jot things down. The fact that an educator or school administrator put a 6 year old medically fragile child in restraints is horrible.

Unfortunately, this is a problem around the country. Very few states have any requirements about when to use restraints, training for staff, or any requirements to report this.

On July 31, Secretary of Education Arne Duncan sent a letter to all school officials in all states. He described his reaction to testimony before Congress on the use of restraints and seclusion in public schools. He advised school officials to reform their seclusion and restraint procedures “to ensure that every student in every school is safe and protected” before the beginning of the 2009-2010 school year.

Read “I Urge You to Ensure that Every Student in Every School is Safe and Protected” at http://www.wrightslaw.com/blog/?p=1059

If you click this link — http://www.wrightslaw.com/info/abuse.index.htm you will go to a page about restraints, seclusion and abuse at schools. You need to educate yourself about this issue. There is a “no restraints” letter that you can tailor to your grandchild’s situation.

Be sure to get letters from your grandson’s doctors describing what damage he may suffer if this happens again.

Tags:   Abuse and restraints · Advocacy · Parental Rights · Restraints · Rights & Responsibilities · Strategies · unique needs4 Comments

Want to become an advocate or fine tune your advocacy skills?

It’s never too late to catch up on Summer School for Advocates at http://www.wrightslaw.com/nltr/09/summer.school.advocates.htm

When you complete the 5 part series, you’ll find your certificate here.

Need A Pocket Manual for Advocates? Get a free download… [Read more →]

Tags:   Advocacy · FAPE · IDEA 2004 · IEPs · Rights & Responsibilities · StrategiesNo Comments.

Does a teacher or service provider have the right to refuse to be recorded during an IEP meeting? Is there caselaw or code that deals with this?

An IEP meeting should focus on how to provide appropriate education to a child with a disability. There should be no conversation at an IEP meeting that cannot be repeated or taped. [Read more →]

Tags:   Advocacy · IEP Meetings · IEPs · Parental Rights7 Comments

New Book! Wrightslaw: All About IEPs is at the printer now!

Shipping second week of December                        $12.95    Order now

• Answers more than 200 frequently asked questions & introduces key legal issues
• Outlines your rights & responsibilities and explains the law in plain language you can understand
• Provides the reference source of information, the law, regulation, OSEP publication, or commentary

Preview the book …

A Special gift

Prepub special offer good from October 28 through November 11, 2009.

Free Wrightslaw Highlighter/Pen Combo with your order. Order now

Bulk Discounts Available

1-9 books: $12.95
10-19 books (20% discount): $10.36
20-99 books (40% discount): $7.77
100+ books (50% discount): $6.48

Tags:   Accommodations · Assistive Technology · Evaluations · FAPE · FAQs · IEP Special Factors · IEPs · Parental Rights · parental role · Placement · progress monitoring · Related services · Resolving Disputes · Special Ed Law · Special Education Regulations · Strategies · Supplementary aids and services · Transferring schools · Transition · unique needs4 Comments

Is your school meeting all the needs of students with disabilities? Reading? Math? Graduation Rate?
Is your principal held accountable for all special ed failures as well as successes?

If you have the answers to these questions, you will also need an effective way to demonstrate the answers. A picture (or graph) can be worth a thousand words.

While beliefs and perceptions may not be expressed openly, they have an enormous impact on relations between parents and school personnel, administrators, and school board members, and influence how decisions are made for children with disabilities.

Watch the video. You will find an effective way to get your message to the decision makers and change perceptions. Parent advocacy at its best!

Tags:   Accountability · Improving Outcomes · Parent advocacy5 Comments

What a great line - from Special Ed e-News at the Special Ed Connection.

e-News advises that in the panic to write the IEP, cover all the necessary goals, objectives, benchmarks (if applicable), and figure out how to accurately measure progress, the PLOP (present levels of performance) often gets neglected.

If you are into acronyms, the PLOP is known now as the PLAAFP. The present levels of academic achievement and functional performance provide baseline information about your child’s knowledge and skills. Present levels are the starting point for setting IEP goals and measuring progress toward these goals.

Here’s what IDEA 2004 says about the PLAAFP… [Read more →]

Tags:   Goals and Objectives · IEPs · Measurable Goals · Present levels of performance9 Comments

Don’t miss the fall Parent Education Session at the Special Education Advocacy Clinic at William & Mary Law School - “Keeping Your Child’s IEP on Track.”

Tuesday, November 3, 4:00-5:30 p.m.

It’s free and open to the public.

Find out - (1) How to Design a Good IEP, (2) How to…. [Read more →]

Tags:   IEPs · Parent advocacy · Parent Training · PELE · Special Education Advocacy Clinic · William & Mary Law SchoolNo Comments.