The Wrightslaw Way

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.

- 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