The Wrightslaw Way

- From Patty Roberts, Director, William & Mary Law School’s Special Education Advocacy Clinic

Below you will find a message and link to a survey from a friend and colleague who is doing her doctoral research at Columbia University Teacher’s College.

Sarah is working in the Programs for Intellectual Disabilities/Autism, and is currently doing research regarding issues of bullying and peer victimization on children ages 9-14, both children with disabilities and those without, in order to explore what factors make children more or less vulnerable to these harms.

The results of the survey data will be used to inform not only her research in this area, but will also provide guidance to her as she creates anti-bullying and empowerment currucula for children on the autism spectrum.

As we are well aware, bullying and peer victimization, particularly in this vulnerable age group, is a serious problem with often far-reaching negative consequences. Please help this passionate and dedicated doctoral student shed some light on this issue by completing her survey.

I took it myself and it was an effortless 15 minutes. [Read more →]

Tags:   Bullying · Harassment & BullyingNo Comments.

- From Jessica Butler, Congressional Affairs Coordinator, Autism National Committee

Would your organization like to sign-on to a letter in support of the Keeping All Students Safe Act, the Congressional bill to protect all American schoolchildren from dangerous restraint and seclusion?

• Restraint and seclusion kill and injure students
• GAO documented 20 deaths
• Restraint and seclusion are disproportionately used upon students with disabilities and minority students
• Fewer than 1/3 of states have laws limiting their use to emergencies threatening physical danger
• 33 states lack laws requiring that parents of all children be told of their use

Congressman George Miller plans to reintroduce the Keeping All Students Safe Act this session in the U.S. House of Representatives.

Last year, over 220 National, State, and Local organizations asked Congress to “Protect Schoolchildren from Dangerous Restraint & Seclusion and Pass the Keeping All Students Safe Act.”

Last year, the support letter with 220 national, state, and local organizations’ signatures was featured in Disability Scoop (http://bit.ly/DScooRSGr)

Now is the time for your organization to sign-on (again)!

The letter is limited to National, State, and Local organizations (not individuals).  Those signing on need to be able to sign for their organization.

Please contact Jessica if you would like to remain on the letter OR sign-on to the letter for the first time. Deadline:  Wednesday, April 17, 2013.

Please feel free to share the letter with others whom you believe would like to sign on.

http://www.wrightslaw.com/info/secl.restrnt.letter2013.draft.doc

Jessica Butler
jessica@jnba.net

Congressional Affairs Coordinator
Autism National Committee (AutCom)
22 years of advocating for children and adults with autism

More Information about Restraint and Seclusion

Abuse, Restraint and Seclusion in School

Tags:   Keeping All Students Safe Act · Preventing Harmful Restraint and Seclusion in School · Restraint · seclusion and restraints1 Comment

Things I have learned through the years that have helped me get a program to meet my children’s needs.

1.  Knowledge is power. I learned as much as I could about the law.  I used the internet, library and support groups.  There is a wealth of support groups online. Find one right for you. Use your knowledge to even the playing field with the school.

2.  Prepare for the IEP meeting. I always requested a DRAFT version of the IEP, 5 days in advance, so I would have time to read it.  I had a professional (physician, neurologist, advocate, attorney) review it as well prior to the IEP meeting.  This allowed more time for discussion at the meeting versus wasting time reading the IEP. It also helped me to be ready to discuss items that were well-written or important items that were not included.

3.  Request any evaluations the school gave your child.  I always requested a DRAFT copy of all of my child’s evaluation results, 5 days in advance, to review with any professionals I deemed necessary.

4.  Carefully review the IEP.  I always had a rule never to sign the IEP at the meeting until I took it home to look at it “one more time.”  [Read more →]

Tags:   IEPs · Paper Trails · Parent Tips · Strategies · tape recording meetings · Tips1 Comment

We need your help.

Please join the Yale Center for Dyslexia and Creativity and Wrightslaw by signing this Petition to Congress.

The Petition asks Congress to require testing agencies to provide accommodations for dyslexic students so their high stakes tests assess their abilities, not their disabilities.

More than 18,000 people have signed the Petition. We need another 6,809 supporters. Please join us. It’s time to right this wrong. [Read more →]

Tags:   Dyslexia · high stakes tests · testing accommodations · Yale Center for Dyslexia and Creativity7 Comments

This Wrightslaw Special Education Law and Advocacy Training will take place on May 10, 2013 at the University Center at the College of the Canyons in Santa Clarita, CA., just 30 miles North outside of downtown Los Angeles.

Join Pete Wright, Esq. and sponsors H&H Associates for this one day conference.

Conference fee includes breakfast, lunch, afternoon snacks, parking and three Wrightslaw books.

Click here to register online or download the printable registration form.

For detailed conference information to include agenda, credits, scholarships and registration fees, please click here.

For all upcoming Wrightslaw conferences, please visit the schedule page.

See you in Santa Clarita!

Tags: No Comments.

Guest post from a grandparent advocate who says, “Excellent job again Wrightslaw! There is nothing like the power of getting organized!”

Our school district knows that I keep records and am well-documented when advocating on behalf of my grandchild.

The district’s ombudsman listens to me and treats me with respect. When I provided proper documentation showing genuine need, she assisted in resolving delays in approved services and even helped reverse unsubstantiated denials of service.

Every advocate’s goal…to foster positive action on behalf of their child, grandchild, or ward.

I just love it when a school official says, I don’t have knowledge or evidence of the district’s  approval of that “service” for your student.

I respectfully reply…

Oh, I am very  user-friendly and eager to assist the IEP team in any way I can. I know you have the best interest of my student at heart. 

I have the verification document you need right here.  You are more than welcome to note this document and consider it in your decision making process. Or, you may make copies of my original document (original marked in yellow marker) for the IEP team and return my original to me before I leave today.

How did the school learn I am well documented?

I carry a loose leaf notebook instead of a big stick! [Read more →]

Tags:   Advocacy · Documentation · Educational Records · Paper Trails · StrategiesNo Comments.

Join Pete Wright and the Autism Society of Michigan at the Best Western Plus Lansing Hotel on April 25, 2013 for a Wrightslaw Special Education Law and Advocacy Training.

Registration includes Continental Breakfast, lunch, afternoon snacks and three Wrightslaw books.

Register online or download and share the printable registration form today!

Don’t delay… registration deadline is Friday, April 19, 2013.

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. The program is not disability specific.

See you in Michigan!

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

My child has a learning disability. Her teachers want her to enroll in advanced classes. She is eligible based on her test scores and school performance.

The School will not let her enroll her because she has an Individualized Education Plan (IEP). What are her legal rights?

Your child has an IEP because she is a child with a disability that adversely affects her education.

Because of her disability, she needs special education and related services.” 20 U.S.C. § 1401 (3). Wrightslaw: Special Education Law, 2nd Ed., p. 49.

Children with IEPs receive protection from discrimination under Section 504 of the Rehabilitation Act (Section 504).

You say your child qualifies for advanced classes and the school will not enroll her because she has an IEP. That sounds like discrimination. [Read more →]

Tags:   2e · Advanced classes · Gifted and Talented · OCR · OCR Complaints · Office for Civil Rights · Twice Exceptional4 Comments

Register Today for this Wrightslaw Special Education Law and Advocacy Two Day Boot Camp! Join Pete and Pam Wright and the sponsors, West Virginia Advocates, Inc. in Charleston, WV for this special training.

Registration Fee: Individual $125, Couple $175 (two individuals from same household) and Professional $150 (includes credits). The fee includes Continental Breakfast, lunch and afternoon refreshments on both days. The fee also includes three Wrightslaw books…and great networking possibilities! Register Now!

Credits: 1.2 CEUs for Educators, 14.4 CLEs for Attorneys and 12 CEUs for Social Workers have been approved.

Accommodations: The sponsors have secured a reduced room rate of $94 per night.  Use the group code WA1 when making your reservation.

If you have any questions, contact the West Virginia Advocates, Inc. by telephone 304-346-0847 or by email.

See you in Charleston, WV!

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

From Jim Comstock-Galagan

Using State Administrative Complaint Provisions under IDEA to Create Systemic Change

Jim shares regulatory requirements for state complaints, resources and references, and effective strategies to use when you file a state complaint.

State complaints cover a broad range of violations of IDEA and must contain statement that LEA violated IDEA (Part B) and all the facts re complaint.

Can be used to resolve any matter related to violations of:

• FAPE
• child find
• related services
• ESY (regression and recoupment)
• Identification
• Lack of progress
• Evaluation
• Educational placement
• …..

Every state must have procedures for filing complaints – regulations only, not in the statute. [Read more →]

Tags:   Administrative Complaint Provisions IDEA · IDEA 2004 · Jim Comstock-Galagan · State Complaint Procedures · State Complaints · Systemic Change8 Comments