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At Wrightslaw,
our goals are to help you gain the information and skills you need
to navigate the confusing world of special education. In this issue,
we look at Section 504, discrimination, damages, and IDEA.
Highlights:
IDEA
update & game plan; self-advocacy - know yourself, what you
need, how to get it; help for college kids; damages, discrimination
and Section 504; protecting kids from harassment & bullying
at school; advocacy training in Florida and Virginia.
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newsletter in html.
Subscribers on May 6, 2003: 43,496
The Special
Ed Advocate newsletter is free - please forward this issue or
the subscription
link to your friends and colleagues so they can learn about
special education law and advocacy too. We appreciate your help!
1. IDEA Update & Game Plan
"What
was the outcome on the IDEA Reauthorization vote last week?"
"How can I learn the status of H R 1350? Was it passed? Denied? Rewritten?"
On
April 30, 2003, the House of Representatives voted 251-171 to
approve H. R. 1350, the Republican bill to reauthorize the Individuals
with Disabilities Education Act.
Despite
your calls and letters on National Call in Day, many Representatives
said they knew little about H.R. 1350. Hmmm.
Read
Pete's letter to our Representative, Joanne Davis
We
learned that Representatives received a "Dear
Colleague Letter" advising them that they would receive
calls on April 29, that the calls were part of a coordinated effort
to spread false information about the bill and would include incomplete,
misleading, and false info from "opponents of improving the
nation's special education law."
What happens next?
In late May, the Senate will introduce their bipartisan bill to
reauthorize the IDEA. You need to educate your Senators about
special education issues now!
For
advice about how to educate Senators and how to frame the debate
about IDEA, read "IDEA
Update & Game Plan."
IDEA Reauthorization
Issues & News
Wrightslaw:
Special Education Law by Peter Wright and Pamela Wright
2. Self-Advocacy: Know Yourself, Know What You Need, Know How to Get It by Nancy Johnson
"Self-advocacy
is the ability to understand and effectively communicate one's
needs to other individuals. Learning to become an effective self-advocate
is all about educating the people around you. There are three
steps to becoming an effective self-advocate . . ."
To learn these steps and how you can be an effective self-advocate,
read Self-Advocacy:
Know Yourself, Know What You Need, Know How to Get It by Nancy
Johnson.
Read Nancy Johnson's bio at the end of the article to learn about
her struggles, how she resolved problems with a college that did
not provide accommodations, and what she is doing now.
Her story will inspire students who are dealing with these issues,
and their parents, teachers and advocates.
3. Help for College Kids- Flyer from Wrightslaw
The transition from high school to college is difficult - and this transition is usually harder for kids with disabilities. Although college students with disabilities are protected from discrimination under Section 504, some professors take a dim view of students who request accommodations.
How can you help your college-bound child make a successful transition to college?
College-bound students need to learn self-advocacy skills - how to present information about their disability and accommodations so professors want to help. If students master these skills, they are more likely to make a successful transition from high school to college.
Resources in our Help
for College Students with Disabilities Flyer
are divided into three categories:
- Rights and Responsibilities under Section 504
- Planning and Preparation
- Keys to Success
Your
Strategy
We suggest that you make two copies of the Help
for College Students with Disabilities Flyer - one for your
child, one for yourself. After you and your child have reviewed
these resources, sit down and discuss what you learned.
More Flyers from
Wrightslaw.
4. Damages, Discrimination & Section 504
Many
people have questions about damages.
Several courts of appeals have ruled that before bringing a damages
case under Section 504 and/or the Americans with Disabilities
Act (ADA), parents must first exhaust their administrative remedies
under the IDEA.
The
U. S. Court of Appeals for the Second Circuit issued a decision
about damages under Section 504 and ADA. In Polera
v. Bd Ed. Newburgh City Sch. Dist, the court
ruled that the disabled child must exhaust her administrative
remedies under the IDEA before she can sue for damages under Section
504 and ADA. This decision includes an extensive discussion of
relief under the statutes, compensatory
and punitive damages, the exhaustion requirement, and the
futility exception to exhaustion.
Download the decision in Polera
v. BD Ed. Newburgh City School District.
Learn
about Section 504.
Learn
about discrimination & damages.
5. Protecting Students from Harassment and Hate Crime: A Guide for Schools
Many children experience sexual, racial and ethnic harassment at school. Protecting Students from Harassment and Hate Crimes: A Guide for Schools provides guidance about protecting students from harassment and violence based on race, color, national origin, sex, and disability.
Protecting Students from Harassment and Hate Crimes: A Guide for Schools was published by the U. S. Department of Education Office of Civil Rights and the National Association of Attorneys General and is endorsed by the National School Boards Association.
Topics addressed in this comprehensive, step-by-step manual include:
* Developing the District's Written Anti-Harassment Policy
* Identifying and Responding to Incidents of Harassment
* Formal Complaint / Grievance Procedures
* Creating a School Climate that Supports Racial, Cultural, and other Forms of Diversity
* Addressing Hate Crimes & Conflicts in School and the Community
Advocacy
Strategy:
If you are advocating for a child who has been harassed or bullied
at school, download Protecting
Students from Harassment and Hate Crimes: A Guide for Schools.
Make three copies of Protecting
Students - one for you, and two for the school.
Write a letter to the principal and the superintendent. Advise
them that the child is being harassed and the facts that support
your assertions. Request a copy of the district's written anti-harassment
policy. Include a copy of Protecting
Students with each letter.
More
Free Publications
Download dozens of free publications about IEPs, special education,
transition planning, reading, children's mental health, harassment,
high-stakes testing, retention and social promotion, zero tolerance
and discipline from our Free
Pubs Page.
6. May Advocacy Training: Jacksonville FL & Roanoke, VA
"Before
Boot Camp, special ed was occupying every worry cell in my brain.
Now that I have a road map, I worry less and accomplish more."
- Carolyn from Oklahoma
Knowledge is power. When you have information and skills, you will be a more effective advocate for your child. Our role is to help you gain knowledge so you can negotiate with the school on your child's behalf.
"I
have never learned so much useful information at a workshop -
thank you for having a heart for kids and the head for the Law."
- Susan from Texas
May
16-17 2003 - Jacksonville, FL (Boot Camp)
Wrightslaw training programs focus on four areas: special education laws, rights & responsibilities; how to use the bell curve to measure progress & regression; SMART IEPs; and how to use tactics & strategies for effective advocacy.
"I
attended your Boot Camp with two coworkers. We learned SO MUCH
in those two days! Your books could not be more helpful to anyone
who works with special education students." - Christie
from Kansas
For more information about these events and programs that will
be held over the next few months, please check our Seminars
& Training page.
We are now booking programs for 2004. To learn how you can bring Pete & Pam Wright to your community, please read our FAQs about Seminars.
7. Subscription & Contact Info
The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, and tactics and strategies. Subscribers receive "alerts" about new cases, events, and special offers on Wrightslaw books.
Contact Info
Pete
and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Website: https://www.wrightslaw.com
Email: newsletter@wrightslaw.com
