The Wrightslaw Way

My child has a learning disability. Her Individual Education Plan (IEP) puts her in general education with accommodation. She also receives one hour of pullout reading services each day. She excels in this placement.

The school wants to place her in a special education team-taught class because she has an IEP. I want her to continue in general education classes with accommodations. What are her legal rights?

What Does IDEA Say about LRE?

The Individuals with Disabilities Education Act (IDEA) gives a qualifying child with a disability the right to an Individualized Education Plan (IEP) that provides a free appropriate public education (FAPE) in the least restrictive environment (LRE). [Read more →]

Tags:   FAPE · IEPs · LRE · Special Education4 Comments

Be sure to register soon! Seats are filling up fast.

Happy Valley sounds like a great location for a Wrightslaw Special Education Law and Advocacy Training!

Pete Wright, Esq. and sponsors Kikaua, LLC welcome you to join them on July 11, 2013 for this special one-day event.

Registration includes morning refreshments, box lunch or salad, afternoon coffee break and three Wrightslaw books.

One-day special education law and advocacy programs focus on four areas:

• special education law, rights and responsibilities
• tests and measurements to measure progress & regression
• SMART IEPs
• introduction to tactics & strategies for effective advocacy

Register Online or download the registration form.

See you in Happy Valley!

Tags:   Advocacy · Conference · IEPs · Parent advocacy · Parental Rights · Special Education Law · special education trainingNo Comments.

Subtitle: Why you may need a trip to a COPAA conference to relax.

1.    You thought the OSEP’s MOU on NCLB’s AYP came from CDC and was about another STD.

2.    You are were actually able to follow #1.

3.    You asked the Advocate Committee to research OCR guidance on the impact of the Albuquerque’s 5000 ft altitude on blood alcohol levels.

4.    At the last IEP meeting, you mentioned a potato launcher was indeed an assistive technology device and you could request in-home training for it. [Read more →]

Tags:   Advocacy · COPAA · The Lighter Side of Special EducationNo Comments.

Take advantage of our 25% OFF SALE and order Wrightslaw Books and CD’s today.

http://www.wrightslaw.com/store/index.html

Get clear and concise answers to your special education questions. Wrightslaw publications and training CD-Roms can help!

SALE Thursday, May 9, 2013 through midnight, Wednesday, May 15, 2013.

You must use the Online Promo Code when placing your order to receive the discount.   Promo Code   1366141078

If ordering online is not your thing…just give us a call. Use our toll free line at 877-529-4332.

Take advantage of the savings and order today!  http://www.wrightslaw.com/store/index.html

You can take advantage of this 25% OFF SALE by sending a check or money order made payable to Harbor House Law Press, Inc, and mail to P.O. Box 480, Hartfield, VA 23071. Be sure to include this coupon with your order form.

Tags:   May Sale 25% OFF · Wrightslaw Products · Wrightslaw StoreNo Comments.

From Jim Comstock-Galagan

The recent amendments to Section 504 and the ADAA greatly expanded coverage under Section 504/ADA. The ADA Amendments Act, Public Law No. 110–325 (2008), overturned Supreme Court precedent that narrowed coverage under the ADA and Section 504.

The reauthorized law provided that impairments should be considered in their unmitigated state and widened the definition of major life activities set out in the statute’s coverage provision.

There are ways to use Section 504 and the Americans with Disabilities Amendments Act of 2008 (ADAAA). Read A New Look at Section 504 and the ADA in Special Education Cases by Mark C. Weber.
http://apps.americanbar.org/litigation/committees/childrights/content/articles/summer2011-section-504-ada-idea.html

In that article, Professor Weber wrote,

“School districts seem increasingly eager to decide that children are not eligible for services under the Individuals with Disabilities Education Act (IDEA) …and courts frequently uphold these decisions…”

“If eligibility under IDEA continues to be cut back, parents of children with disabilities are likely to bring more claims for services under section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. § 794 (2011), and Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12131–50 (2011).

“Section 504 forbids disability discrimination by federal grantees, including local school districts; Title II forbids disability discrimination by state and local governments, again including school districts. The regulations promulgated to enforce section 504 require that all children with disabilities, as defined by section 504 and the ADA, be provided with free, appropriate public education as interpreted by the section 504 regulations. (34 C.F.R. § 104.33(a)). That entitlement does not hinge on IDEA eligibility.”

Jim notes that historically, Section 504 has been used to supplement IDEA for compensatory damages, but there has been very little litigation under Section 504 in other areas. [Read more →]

Tags:   ADAAA · Jim Comstock-Galagan · Restraint · seclusion and restraints · Section 5043 Comments

MPACT is sponsoring this One-Day Special Education Law and Advocacy Training in St. Louis, MO. The May 14, 2013 conference will take place at the JCPenny Conference Center at the University of Missouri-St. Louis campus.

Registration fee includes three books, Wrightslaw: Special Education Law, 2nd Edition, Wrightslaw: From Emotions to Advocacy, 2nd Edition and Wrightslaw: All About IEPs.

Credits: 0.6 CEU’s (continuing education units) and 7.2 CLE’s (continuing legal education) credits have been approved for this conference. Units/credits will be an additional fee made payable at the conference.

Exhibitor Information: The cost is $125 (add $20 if selling merchandise). Click here if you are interested in exhibiting at this conference.

Register online or download the registration form.

Download the complete information package.

See you in Missouri!

Tags:   Advocacy · Conference · IEPs · parental role · Special Education Law · Special Education Regulations · special education trainingNo Comments.

My 9th grade daughter has an IEP for NOS/PDD. She has extremely high standardized test scores. But her teachers say she has inconsistent work habits and is disruptive in class.  They treat her as a disciplinary “issue”.

I don’t think her teachers are taking the time or making the effort to deal with the problems caused by her disability. How can I get her the help she needs?

I am getting ready to yank her out and put her in private school!

I cannot tell from your e-mail what help your daughter needs, or what is already being provided in her IEP.

However, if her needs were being met, it is unlikely that she would be failing, disruptive, or having significant disciplinary issues. [Read more →]

Tags:   Behavior issues · Discipline · High Test Scores · PDD/NOS2 Comments

My 4th grader with ADHD goes to resource for reading and math. His school wants to take him off an IEP and put him on a 504. His teacher feels he misses out when he goes to resource. She thinks he will do better if he stayed in class with a small group.

What are his rights?  What is better for him?

It is difficult to say what is best for your child without knowing anything about him or his strengths and weaknesses.

When your child was found eligible for special ed services and an IEP, he began to receive services under the Individuals with Disabilities Education Act (IDEA). The school wants to change his status so he can have a 504 plan.

You need to understand the difference between his rights under these two laws. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA. [Read more →]

Tags:   IEP v. 504 · Private Sector Evaluation · Section 5042 Comments

Come by plane, train or automobile. The Double Tree by Hilton Baltimore-BWI Airport Hotel is the location of this May 2nd Wrightslaw Special Education Law and Advocacy conference. Join Pete Wright, Esq. and sponsors Center for Children for this special one-day event.

Wrightslaw programs are designed to meet the needs of parents, educators, health care providers, advocates and attorneys who represent children with disabilities regarding special education. This program is not disability specific.

Conference fee includes Continental Breakfast, lunch, afternoon snacks and three Wrightslaw books. CEUs are available for an additional $25 fee and is made payable at the conference.

Register online or download the registration form today.

See you on May 2nd in Maryland!

Tags:   Advocacy · Conference · Parent advocacy · Parental Rights · Special Education Law · special education trainingNo Comments.

Exploring AT options or looking for good apps for your kids?  Effectively finding and utilizing the best technology is easier said than done.

Luckily, the National Center for Learning Disabilities has recently stepped in to alleviate the problem, releasing a number of time-saving resources to help you locate the best apps for your students.

To get started, use these articles.

Assistive Technology: 10 Tips to Help Your Child Work Around a Learning Disability

There’s an app for that! But is it right for you?

Learn what to consider. Familiarize yourself with the latest available technology. [Read more →]

Tags:   Assistive Technology · AT · Free ipad apps · NCLDNo Comments.