Special Ed Advocate Newsletter
Wrightslaw, our goals are to help you gain the information and skills
you need to navigate the confusing world of special education.
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. NCLB News: Something Fairly Amazing Happened on December 9
On December 9, the U.S. Department of Education published the final regulations about alternative assessments for students with significant cognitive disabilities.
The regulations contain a new requirement that the school will tell parents the significance of any testing decision the IEP team makes that will affect the childs ability to earn a regular diploma.
This is significant, but is not the part that stopped me in my tracks.
noteworthy event on December 9, 2003, was not the regulations
at all. It was the Federal Register notice that published these
2. Doing Your Homework: Child Has Health Problems, School Reports Him Truant
child has asthma, and his school continually sends him home. Now
they have reported him truant. Where do I look for help on this
Has Health Problems, School Reports Him Truant by Sue Heath.
This article includes links to model Section 504 and health plans.
3. Kicked Out! Section 504, Accommodations & After-School Programs
8-year-old son was kicked out of an after-school program run by
a nonprofit agency in his elementary school building. He has ADD
and some behavioral problems and is on an IEP during his school
day. Don't they have to try to include him?
4. Lesson: Section 504 of the Rehabilitation Act
504 of the Rehabilitation
Act is a civil rights law that prohibits discrimination
against individuals with disabilities. Section 504 ensures that
the child with a disability has equal
access to an education.
5. Section 504 Caselaw
Yankton v. Schramm. In a case involving a high school student with cerebral palsy, the U. S. Court of Appeals for the Eighth Circuit discusses eligibility for special education and related services under IDEA, Section 504, and transition plans.
W.B. v. Matula, U. S. Court of Appeals for the Third Circuit. Availability of damages under Section 504, IDEA, and Section 1983 when district refused to evaluate, classify and provide appropriate services to disabled child; exhaustion, qualified immunity, due process (1995).
v. Greater Toledo YMCA.
Jordan Burriola, a young child with autism, was abruptly terminated
from his day care center. In Jordan Burriola v. Greater
Toledo YMCA,the Court issued an injunction against the
YMCA. The YMCA was ordered to reinstate Jordan and train staff
to work with him. (2001) Order
6. Wrightslaw Comes to FL, MO, IL, IN, MI, NH -- and AK
Our Winter 2004 schedule includes programs in:
January 30-31: Ft.
Lauderdale, FL (Boot Camp)
are scheduling programs for Fall 2004 and 2005. If you are interested
in bringing Pete & Pam Wright to your community, please read
our FAQs about
7. Subscription & Contact Info
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.