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Susan Luger Associates Newsletter
Happenings in the World of Special Education
October 2009 

System Developed at LENA Spots Autism Early

 
The LENA (Language ENvironment Analysis) Foundation has developed a vocalization-based system that distinguishes between a normally developing child, a child with autism, and a child with unassociated language delays, with a claimed accuracy of 91%.
 
The system uses recordings of the child's vocalizations over a number of days. The recorder is placed in a vest that the child wears throughout the day.  Then, the recordings are sent to LENA where a number-crunching analysis is performed. 
The crux of the system is the well-established fact that autistic children vocalize differently from other children. This system can be used with children as young as 2 years.
Researchers say that the LENA-based earlier intervention (classic identification of autism is 5.7 years of age) between the ages of two and four can provide more effective treatment.
 
We at SLA are subscribed to their newsletter and will distribute additional news.
 
Their website is www.LenaFoundation.org
 
 

State Senator Looking for Input on the Current Special Education Environment

Senator Andrew Lanza Asks for Comments 
 
We learned through one of our news services that NYS Senator Andrew Lanza is querying sources as to the current special education environment. Senator Lanza is a Republican and represents the 24th District, which encompasses most of Staten Island.
 
We called the Senator's Albany office (518-455-3215) and spoke with John Turoski, the Senator's aide. The discussion quickly boiled down to discussion of the two-tier appeal system that we have in NYS: dispute of the IHO decision goes to the State Review Office (aka Paul Kelly, Esq.) before requiring costlier resolution at the federal level.
 
We all know what it typically means when appeals go to Paul Kelly -- in 87% of the times, the IHO is overturned and the parent loses! Wow, again, that translates to 7 out of 8 times, the IHO's have erred grievously.
 
Most states have a one-tier system: if you dispute the IHO decision, you go straight to federal court. There is no State Review Office. The reasons that the school systems like the two-tier system is two-fold:
  • the SRO is unabashedly biased to favor them;
  • in a one-tier system, going to federal court is not to be done lightly -- fed court is where the big kids play and frivolous appeals are not tolerated.
Here's our suggestion: for our friends, clients, professionals and educators in Staten Island, please contact Senator Lanza and let him know just how bad the two-tier system is, especially if it has hit you directly. For those not residing in Staten Island, we can still contact Senator Lanza, BUT also contact our state senators and let them know about Senator Lanza's efforts and how the two-tier system has hit us.
 
Supreme Court Starts 2009 Term
 
Two IDEA cases are immediately declined
 
Within hours of opening the 2009 term, the Supreme Court declined to hear two separate parents' petitions. This means that the two rulings remain enforceable in their respective jurisdictions. Other jurisdictions may cite those cases as precedence (but what does a physicist know about law???).
 
In the 9th Circuit Court it was concluded that a California school district violated the state education code by limiting observation time to an independent evaluator who was viewing an autistic child's proposed placement. Nevertheless, the evaluator was able to form an opinion, so the procedural violation did not deny FAPE.
 
In the second case, the Ohio Court of Appeals held that a school district did not violate the stay-put provision when it discontinued a student's behavioral reinforcers after his parents filed a due process complaint. The state court stated that an IEP modification does not qualify as a change in placement unless it eliminates or fundamentally alters a basic element of a student's educational program. The gradual reduction of reinforcers was within the IEP, the court explained, but also the IEP called for the school district to reinstate the behavior plan if the student's target behaviors lapsed.
 
In This Issue
System Identifies Autism at Earliest Stages
Senator Looks for Input on the Special Ed Environment
Dr. Nancy Eng to Speak
SLA Reach-out Program Successful
Reports confirm upsurge in autism
Workshop Scheduled:
Identifying Speech and Language Issues in Mono- and Bi-lingual Children 
SLA is proud to present Dr. Nancy Eng, Professor at Hunter College Dept of Communication Sciences and Disorders. She will hold a workshop on October 28, 2009 at the SLA Conference Center.
 
Dr. Eng is planning a 10AM workshop on the topic geared to professionals and educators; and a 6PM workshop geared to parents and interested parties.
 
Attendance is limited to registered parties. You can register at the SLA website now! 

SLA Reach-out Program Successful
SLA started a program of reaching out to parents whose children have special education needs to provide a series of workshops on the special education process. Susan and several affiliated attorneys have fashioned a series of slide presentations and talks which describe the various stages of the special education process which parents must navigate for services, program placements and, possibly, tuition reimbursement.
 
The audiences were mostly parents but a number of school personnel in attendance stated that the workshop helped clarify the process for them too.
 
To date, SLA has presented at several private schools, the International Dyslexia Association, several autism groups and at corporate-sponsored lunch talks.
 
If your school or organization is interested in participating in this program, please contact us. 
Reports confirm upsurge in autism

A study published in the October issue of the journal Pediatrics reports that a telephone survey of parents reported that about 1 in 91 children, ages 3 to 17, had a disorder on the autism spectrum.

After this publication, the Center for Disease Control & Prevention issued findings of a review of records of 8-year-olds in different cities, and showed about 1 in 100 children have the disorder.
 
These numbers compare with last year's studies which placed the autism rate at approximately 1 in 157 children.
 
These newer studies show the urgency of disbursal of $5 billion in stimulus funds for more than 12,000 grants toward medical research including genetic investigations that could identify the causes and cures of autism.
 
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End Notes
 
The new school year is here! The new school year is here!
 
And with the new school year come the issues, triumphs, gracious gestures and the set-backs on the part of clients, school district personnel, our affiliated attorneys, our staff, ourselves.
 
We embrace the challenge and look forward to working with our clients (the kids), parents, educators, professionals and even our worthy counterparts on the other side. With our long history of advocacy, we have been receiving unsolicited messages, letters, post cards from past and current clients. Fortunately, most are thank-you notes, updates of successful activities, notes of relocation, and general messages. We are going to start posting some of these on our website (blocking out identifying information, of course). Hopefully, some parents currently caught in the whirlpool of "the process" will be able to read these comments and maintain their resolve.
 
The new school year is here! The new school year is here!

Sincerely,

Susan Luger
Susan Luger Associates, Inc.