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ADHD:
What is a School’s Responsibility?
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"New education laws
require that school boards supply an education designed for each
individual child, and ensure that disabled students have a program
comparable to other non-disabled students," says psychotherapist
Terry Matlen, who counsels children with ADHD in her private
practice in Birmingham, Mich. "Parents have a right to advocate for
their child to ensure teachers make reasonable accommodations so
strengths rather than weaknesses can be demonstrated."
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Assessments
Used to Test to Determine Eligibility - overview
types of assessment
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Back to School on Civil Rights- Advancing the Federal Commitment to Leave No Child Behind
- Since the 1980s,
NCD has commissioned a number of reports on the implementation of
IDEA and its impact on children with disabilities. These studies
presented statistical and qualitative findings on state and local
implementation of IDEA from formal research projects, scholarly
publications, testimony from grassroots hearings, and input from
national and state advocacy organizations. The statutory framework
of IDEA envisioned states as the primary implementers of IDEA to
ensure the protections of the law for children with disabilities.
Yet the findings in some of these reports suggested states were
falling far short of meeting these responsibilities.
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Basic
Rights For Families Of Children With Disabilities -
This book is for you - the parent, guardian,
grandparent, foster parent, surrogate parent, or friend of a child
with special needs.
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Can
I Visit My Child's Classroom? -
"I want to visit my child's
classroom but the principal says it is against the Federal privacy
law because it would violate the privacy rights of the other
children in the class that I would observe."
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Is there a Constitutional Right Special Education?
The law is not clear on whether school districts must provide 'some'
services to every child with a disability in order to comply with
the Fourteenth Amendment. If a child with a disability is
denied access to any public education, the 'rational basis' test
applies. Depending on the facts, the court may or may not find
a rational basis.
(Requires
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The
Council of Educators for Students with Disabilities -
While our focus is
on students eligible under Section 504 of the Rehabilitation Act of
1973, we address the needs of special education students as well.
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Discipline
for Children With Disabilities: Questions & Answers from OSEP
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Prior to the amendments to the Education of the Handicapped Act (EHA)
in 1975, (the EHA is today known as IDEA), the special educational
needs of children with disabilities were not being met. More than
half of the children with disabilities in the United States did not
receive appropriate educational services, and a million children
with disabilities were excluded entirely from the public school
system.
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DRA Legal
-
DRA's national advocacy work includes
high-impact
class action litigation on behalf of people with all types of
disabilities, including mobility, hearing, vision, learning and
psychological disabilities. Through negotiation and litigation, DRA
has made thousands of facilities throughout the country accessible
and has enforced access rights for millions of people with
disabilities in many key areas of life, including education,
employment, transportation and health care. DRA also engages in
non-litigation advocacy throughout the country, including research
and education projects focused on opening up access to schools, the
professions and health care. DRA publishes a periodic statistical
report,
Disability Watch, that analyzes the many barriers and emerging
issues facing people with disabilities. DRA also publishes various
"Know Your Rights" handbooks designed to educate and assist people
with disabilities in knowing and enforcing their civil rights.
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Educating Children with Autism
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Evaluation &
Re-Evaluation- Before your child receives special
education services, the Individuals with Disabilities Education Act
(IDEA) requires that he or she have an evaluation. An evaluation
includes information from parents, any special medical
concerns, interviews with parents and school staff, and may include
specific tests. The results of an evaluation will be used to
determine if your child needs special education and related services
help in school. You must give your consent in writing before the
first evaluation can take place.
(Requires
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ED
LAW - great resources - i.e.
The definitive desktop reference on access to and disclosure of
education records" Access to and disclosure of education
records under FERPA from preschool to graduate school,
The Industry Standard" A
complete one-stop reference to the law governing transportation of
students with disabilities,A monthly newsletter analyzing legal
developments affecting special education ..
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Family Educational Rights and
Privacy Act (FERPA) - Regulations
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Families & Advocates Partnership for
Education - information about the
Individuals with Disabilities Education Act, including Spanish and
Hmong translations of selected on-line documents and printed
materials.
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Failure
to Provide a FAPE, Unilateral Graduation & Compensatory Education
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On March 19, U. S. District Court judge Manning issued a strong
decision about FAPE in Kevin T. v. Elmhurst Comm. School District
No. 205.
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Free
Appropriate Education--The Supreme Court's First Decision-
The United States Supreme Court recently decided a case having
significant impact on the education of all children with
handicapping conditions. This case is Hendrick Hudson School
District v. Rowley, No. 80-1002 decided by the Court on June 28,
1982. The Court agreed to decide the question of whether a sign
language interpreter was necessary in order to provide Amy Rowley, a
deaf student, with a free appropriate education as required under
the Federal Education for all Handicapped Children Act of 1975 (P.L
94-142). This is the first case the Supreme Court has entertained
concerning legal issues arising out of this important law which
guarantees a "free appropriate education" to all children with
disabilities. Two questions were specifically addressed: First, what
is the practical meaning of the statute's term appropriate
education", and second, what is the role of the state and federal
courts in exercising the judicial review granted under this law.
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Grading Students with Educational Disabilities
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The IDEA does not specifically address the issue of grading students
with educational disabilities. However, the incorporation of the
inclusionary model in the 1997 reauthorization of the IDEA, has a
profound impact on the question of how to provide an appropriate
education for special education students while at the same time
maintaining high academic standards for all students.
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IDEA '97 - "34
Code of Federal Regulations 300. Appendix A"
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IDEA
Practices -
The Council for Exceptional
Children (CEC) is the largest international professional
organization dedicated to improving educational outcomes for
individuals with exceptionalities, students with disabilities,
and/or the gifted. CEC advocates for appropriate governmental
policies, sets professional standards, provides continual
professional development, advocates for newly and historically
underserved individuals with exceptionalities, and helps
professionals obtain conditions and resources necessary for
effective professional practice.
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IDEA
Watch -
The Individuals with
Disabilities Education Act (IDEA) is the main federal program
authorizing state and local aid for special education and related
services for children with disabilities, including students with
learning disabilities.
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IEP
4 U -
has over 4000 free Goals and
Objectives (IEP-ITP) each with changeable benchmarks. The Idea
Statements are spread out over seven subjects (Domains) and four
functional levels. Teachers, parents and students can now access
objectives directly from this Web Site. Input key words, phrases, or
test names in the search engine to find just the correct objectives
for your students needs. Copy and paste any information you want,
then modify the objectives (examples) to exactly describe the needs
of your students. The kid section will give your students personal
input to write their own objectives (with your help) and to play
some interesting games as well. This information is free of charge
and is designed to help you with the daunting task of writing proper
IEP's.
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Implementing IDEA- A
Guide for Principals - For more than two decades,
principals have been meeting both the intent and the spirit of
federal law as it relates to educating children with
disabilities. They have been creating schools that welcome all
children and hold high expectations for all children’s learning and
progress. The IDEA requirements present an opportunity for
principals to continue to strengthen special education, related
services, and early intervention for children with disabilities.
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Implementing the Mediation Requirements of IDEA '97
- This document is intended primarily to assist
states in implementing the mediation requirements in IDEA. Although
the formal responsibility for ensuring compliance with mediation
requirements under IDEA rests with the State, local school
districts, parents, advocates and mediators may also find this
document useful in understanding the legal requirements for
mediation under IDEA. The legal standards for mediation under IDEA
are found at 20 U.S.C. 1415(e) and in the Code of Federal
Regulations at 34 C.F.R. §300.506 (published in the Federal
Register, March 12, 1999).
(Requires
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Children with Disabilities Placed by Their Parents in Private
Schools - the Office
of Special Education Programs (OSEP) has stated (U.S. Department of
Education, Office of Special Education Programs, 2000) that the
right of parents to choose where their children should be educated,
whether at public or private school, is extremely important.
parental placement in a private school occurs as a matter of choice
and not when a free appropriate public education (FAPE) is at issue,
the child’s entitlements under the Individuals with Disabilities
Education Act (IDEA) will differ from those he or she may have been
afforded if enrolled in a public school.
(Requires
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IEP
Checklist
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Interim Alternative Educational Settings for Children with Disabilities
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details the legal requirements in IDEA '97 for cases involving
weapons, drugs and controlled substances, or the threat of serious
injury to self or others. Included is a review of those provisions
that explain when removal from a student's current placement for
disciplinary reasons does, and does not, constitutes a change in
placement. The requirements for functional behavioral assessments
and behavioral intervention plans are also detailed. Best practices
for Interim Alternative Educational Settings are proposed, with an
emphasis on the importance of implementing research-based
interventions linked to assessment. Several case studies involving
placements in an IAES and an extensive list of recommended resources
and references are presented.
(Requires
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Kids Can Learn
a site for parents, teachers, administrators and
parents home schooling.
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Legal
Briefs -
Matt Cohen answers selected
questions each month in the Legal Briefs section of LD OnLine.
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Leveling
the Playing Field or Leveling the Players?
- Section
504, the Americans with Disabilities Act and
Interscholastic Sports -
Schools are
faced with a growing body of case law outlining the legal limits
regulating the participation of students with disabilities in
interscholastic sports. This article provides a systematic
synthesis, including jurisdictional differences, of the agency and
court rulings that apply Section 504, the Americans with
Disabilities Act, and the Individuals with Disabilities Education
Act to interscholastic athletics. This comprehensive framework also
provides insight into how these federal statutes likely pertain to
the participation of students with disabilities in other
extracurricular activities. The article concludes with
recommendations for prudent professional practice.
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Mainstream
-
advocating for disability rights. Produced by, for and about people
with disabilities, MAINSTREAM covers news & current affairs, new
products & technology, profiles of movers & shakers, education,
employment, sexuality & relationships, housing, transportation,
travel & recreation.
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NCLB and IDEA: What
Parents of Students with Disabilities Need to Know and Do (Requires
Adobe Acrobat Reader
)
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National Organization for Rare Disorders
-
The National Organization for Rare Disorders (NORD),
a 501(c)3 organization, is a unique federation of voluntary health
organizations dedicated to helping people with rare "orphan"
diseases and assisting the organizations that serve them. NORD is
committed to the identification, treatment, and cure of rare
disorders through programs of education, advocacy, research, and
service.
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OSEP
Technical Assistance Center On Positive Behavioral Interventions
& Supports -
The Center has been established
by the Office of Special Education Programs, US Department of
Education to give schools capacity-building information and
technical assistance for identifying, adapting, and sustaining
effective school-wide disciplinary practices.
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Overview of the IEP Process
-
The writing of each student’s IEP takes place within the larger
picture of the special education process under IDEA. Before taking a
detailed look at the IEP, it may be helpful to look briefly at how a
student is identified as having a disability and needing special
education and related services and, thus, an IEP
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Para-Educators
Training, Roles, & Responsibilities - This
article addresses
ways that teachers can provide training so that paraeducators are
qualified to perform services, as well as delineating the diverse
roles and responsibilities that paraeducators hold. Let’s look first
at some suggested training procedures.
(Requires
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A
Parent and Educators Guide to Section 504 - Equal
Rights for ALL Students
a pamphlet which provides
information and describes the requirements of Section 504 of the
Rehabilitation Act of 1973 with respect to preschool, elementary and
secondary school policies involving placement of children with
physical and mental disabilities. This pamphlet is designed
specifically to give parent's understanding by providing information
to help them access services for eligible Section 504 students.
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Parents
Engaged in Education Reform -
Parents Engaged in Education
Reform (PEER) is a national technical assistance project funded by
the U.S. Department of Education, Office of Special Education
Programs. PEER’s purpose is to increase the participation of parents
of children with disabilities and their organizations in school
reform efforts.
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Parent Pals Special Education Guide
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The Physician's Guide to
Special Education Services -
This section is developed in
collaboration with the Utah State Office of Education to guide you,
the physician, in communicating with teachers and school personnel
to assure that your patients receive appropriate education-related
services. The details you provide for school personnel will help
determine 1) your patient's eligibility for Special Education, and
2) the exact nature of the child's special needs in the school
setting. Your information will also be considered in the development
of his/her Individualized Education Program (IEP), including special
dietary, personal care and medical requirements during school hours.
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Regular
Teachers' Rights In Special Education -
Teachers are an integral part of
the process of delivering education. The rights in special education
laws empower teachers as well as parents and students.
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Resolution
on the Use of Group Tests - The mission of the
National Association of School Psychologists is to promote
educationally and psychologically healthy environments for all
children and youth by implementing research-based, effective
programs that prevent problems, enhance independence and promote
optimal learning. NASP fully supports legislation, policy, and
practice based on these principles.
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Section 504 of Rehabilitation Act
1973 - Regulations
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Section
504: Meeting the Needs of All Students
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With the passage of the
Americans with Disabilities Act (ADA), Section 504 of the
Rehabilitation Act of 1973 is receiving more and more attention. A
recent joint memorandum from the U.S. Department of Education and
the Office for Civil Rights regarding the eligibility of students
with attention deficit disorders reiterated the requirements of
Section 504 and the Individuals with Disabilities Education Act
(IDEA). Many questions have arisen regarding the relationship
between the ADA, Section 504, and the IDEA. Special education
administrators have requested the Office of Superintendent of Public
Instruction (OSPI) to provide technical assistance to school
districts to assure compliance with these statutes.
(Requires
Adobe Acrobat Reader
)
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S.M.A.R.T. IEPs for 2002...and Beyond
- Are your IEPs not worth the paper they're written on? It's time
for an IEP review. Parents, get out those IEPs. Teachers, I know
you have lots of them in a file
somewhere. Maybe you can take notes for
now.
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Special
Ed Connection -
the one-stop reference center
for all your special education needs. Only
Special
Ed Connection™
delivers the most timely and important news, case law, statutes,
regulations, and more. You also get coverage from our Washington,
D.C., bureau on critical special education issues in Congress, OSERS/OSEP,
OCR and other federal agencies - giving you exclusive insight into,
and solutions for, challenges you face every day.
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Special
Education Mediation: A Guide for Parents -
This booklet, which is
particularly aimed at parents and family members, provides an
overview of the mediation process and how it works. Included is
information on the benefits of mediation and how to prepare for
mediation.
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A
Step-by-Step Process for Developing a §504 Program from Scratch
- A program of compliance with the educational
services requirements of §504 of the Rehabilitation Act of 1973
consists of a process by which disabled children who may be in need
of services under §504 are identified, evaluated, and placed in
accordance with their educational needs so that they have an equal
opportunity to benefit from the school’s academic and nonacademic
activities. A solid program also ensures compliance with the
procedural safeguards of §504 with respect to notice to parents, an
opportunity to examine relevant records, right to a due process
hearing, and right to a review of a due process hearing decision.
(Requires
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STEPS
Forward: Inclusion Research Page
-
Strategies for Surviving Middle School with an Included Child with Autism
- ideas from a parent of a middle school student who
has autism
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Suggestions*
for IEP goals for students with Autism Spectrum Disorders
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Possibly the
only thing more dreaded than the official diagnosis of Autism, PDD,
or Asperger's is the IEP process. Collectively, let's work to take
the mystery out of these documents.
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Teaching Reading is Rocket Science- What Expert Teachers Should Know and Be Able to Do
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Teaching reading is a job for an
expert, says the AFT, because learning to read, far from being
natural and easy, is a complex linguistic achievement. It requires
that teachers master a distinct body of knowledge and specific
skills for teaching reading.
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Teaching, Responding, & Communicating Inclusive Physical Education
- This is a 4
page brochure/document that reviews state and federal laws as well
as provides appropriate adaptations for inclusion of all children in
quality physical education. In many cases regular physical education
teachers are not equipped with the knowledge and skills to
effectively include children with disabilities into their classes.
This document offers some basic information on how the physical
education teacher can ensure that services are available to everyone
they teach.
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TEAMING
UP - Using the IDEA and Medicaid to Secure
Comprehensive Mental Health Services for Children and Youth
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Test
Protocols, Part I: Right to Review and Copy -
Throughout their careers,
school psychologists face challenges to what they know to be "best
practice" and/or ethical conduct. Frequently reported situations
involve competing ethical principles or conflicts between ethics and
law (Jacob-Timm, 1999). Access to test protocols is one such
dilemma, as it involves apparent contradictions among data privacy
laws, due process rights, copyright laws and standards for ethical
practice. Regardless of the school psychologist’s philosophical
leanings and daily practice, sooner or later we create at least a
few files containing test protocols. Given that the typical school
psychology practitioner conducts at least 75 evaluations per year
(Thomas, 2000), it is essential that school districts and
professionals establish clear policies regarding the review, copying
and storage of the resulting protocols. A foundation for such
policies exists in law (e.g., Family Education Rights and Privacy
Act of 1974 - FERPA; IDEA; federal copyright laws); in federal
policy letters (e.g., Bureau of Education of the Handicapped; Office
for Special Education Programs); in court rulings (see Jacob-Timm
and Hartshorne, 1998); and in professional standards (e.g., American
Psychological Association; National Association of School
Psychologists).
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Using General Education Standards with IEPs
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Using
an Expert as an Effective Resource -
Expert
opinions are necessary in special education. No matter how
knowledgeable they are about their disabled children, parents should
rely on the opinions of trained professionals to help them make
informed decisions about therapeutic and educational interventions.
School districts will also rely on these professionals to help them
design and deliver specialized education. All parties must recognize
the important roles played by these professionals.
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Why Methodology Belongs in your Child's IEP
- "This article outlines the regulations which permit parents to
discuss methodology at an IEP meeting. I thought there was a need to
compile all the different authorities regarding methodology into a
single framework, with appropriate references to legal authority.
Although originally directed to Illinois law, this article can apply
in any State covered by IDEA."
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Wrightslaw
-
Parents, advocates, educators, and attorneys come to Wrightslaw for
accurate, up-to-date information about special education law and
advocacy for children with disabilities. You will find articles,
cases, newsletters, and resources about
dozens of topics in the
Advocacy Libraries and
Law
Libraries.
