The Wrightslaw Way

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Entries Tagged as 'Section 504'

Art & Music for Students with Disabilities – “They Just DON’T GET TO GO!”

01/10/11
14 Comments

I am an ESE teacher of students with autism in a self-contained class. The majority of my students are not allowed to go to art and music unless they can be mainstreamed without a paraprofessional’s assistance. My principal told me, “they just don’t get to go.” When I called the ESE department in my district, […]

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Advocating for a Child with ADHD – 504 or IEP?

10/04/10
100 Comments

I’ve scheduled my daughter for a speech & language evaluation due to CAPD and potential expressive language disorder. She also has a diagnosis of ADHD Inattentive. Our school district goes to any means to prevent giving a 504 for ADHD. They say it does not substantially affect learning. How do I advocate for all her […]

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Siblings May Recover Damages for School’s Failure to Provide FAPE

08/31/10
9 Comments

In a unanimous decision, the Court of Appeals for the Ninth Circuit held that parents of two siblings with autism may seek monetary damages for the school’s failure to provide them with a free appropriate public education. The parents alleged that the department of education failed to provide the children with appropriate services during their […]

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IDEA and Kids with Special Dietary Needs

04/19/10
11 Comments

Our doctor has recommended that my daughter, on an IEP, be gluten and dairy free.  The school is giving me a hard time, though I know they are providing a special lunch for at least one other student. You’ll need to do some research (and so did we). The U.S. Department of Agriculture’s (USDA) nondiscrimination […]

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IDEA 2004 and Private Schools

02/25/10
22 Comments

I work at a small private school and two of our students have a current IEP.  The staff was told that because we are a private school, we are not obligated to service the IEP. This doesn’t sound right, is it correct? It depends. IDEA 2004 does not apply to private schools. Private schools are […]

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Can a Child with an IEP Fail?

01/14/10
18 Comments

Does having an IEP guarantee my son will not fail? The answer to this particular question is No. An IEP does not guarantee that a child will not fail.

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Athlete Sues for Right to Compete; State Passes Athletics Equity Law

11/24/09
3 Comments

Tatyana McFadden has spinal bifida and uses a wheelchair. She is a Paralympics medalist and world record holder. As a high school freshman,  Tatyana sued her school for the right to compete on the same track, at the same time, as her non-disabled teammates. Her high-profile case won hearts, and led the Maryland General Assembly […]

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Teacher Fired, Isolation Room Closed, Lawsuit Pending

08/24/09
13 Comments

The following video (taken from a school surveillance tape) is a shocking report of videotaped abuse of a 14 year old boy who has autism. This young boy cannot speak and is not able to explain what happens to him at school. He repeatedly arrives home with torn clothes and in January was taken to […]

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Judge Sotomayor Knows About Learning Disabilities – “She Got It!”

07/14/09
4 Comments

As we watched the confirmation hearings on Judge Sonia Sotomayor’s nomination to the Supreme Court, Pete said: “In the Bartlett case, Judge Sotomayor wrote the best description of  learning disabilities that I’ve ever read in a legal decision. She got it!” What is the Bartlett case? Who educated Judge Sotomayor about learning disabilities? How do […]

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Sleep Disorders, Truancy and Student Needs: A Complicated Mix

04/22/09
24 Comments

I need information about compulsory school attendance laws and students with special education needs. I have a student with a sleep disorder and emotional issues. How do the compulsory attendance laws and the student’s needs intertwine? Good question. All states have compulsory attendance laws. I am not aware of exceptions for children with disabilities, but […]

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