Volume 6 - Number 4                                                                           May 2012
Empower Local Families who have Children with Disabilities  

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In This Issue
Let Sophia into School!
Stuart Chaifetz Secretly Tapes His Autistic Son at School, Discovers He's Being Bullied by Teachers
New Office for Civil Rights Data
Case Files
Avoid blanket policies that excuse related service providers from IEP meetings
Note student's age, progress in RTI when gauging need for evaluation
U.S. Education Department Reaches Agreement with Memphis City Schools on Aids
Workshops & Support Groups

 

 

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Spotlight
 Let Sophia into School!

Eight-year-old Sean Forsyth has autism. The Pine Richland School District has used stalling tactics and other unprofessional behavior with the Forsyth family to discourage them from asking that Sean's service dog, Sophia, be allowed to attend school with him. The petition will be sent to the superintendent and other officials in the hopes public opinion forces them to follow the law and allow Sophia to attend school with Sean under the Americans With Disabilities Act. Sophia is Sean's best friend and biggest helper. Having her in school with him will help give him the best educational experience possible. Sign the petition HERE!

News   
Stuart Chaifetz Secretly Tapes His Autistic Son at School, Discovers He's Being Bullied by Teachers
Teacher/Bully: How My Son Was Humiliated and Tormented by his Teacher and Aide 
Teacher/Bully: How My Son Was Humiliated and Tormented by his Teacher and Aide

 

New Office for Civil Rights Data

 

The U.S. Department of Education's Office for Civil Rights recently released Part II of its 2009-2010 Civil Rights Data Collection. The data report includes information on educational inequities in college and career readiness, discipline, teacher experience, and other areas. More information can be found at the following links, including district- and school-level summaries:
-Press Release
-Blog Post
-Data Website 

Education  
The Florida Department of Education wants to Hear from You!

 

Parent Survey - Exceptional Student Education
The Florida Department of Education is working with school districts to gather information on how well parents think their child's school is partnering with parents of students with disabilities, and would like to include your input. Your responses will help guide efforts to improve services and results for children and families.

This survey is for parents of students with individual educational plans (IEP) receiving special education services during the 2011-12 school year. All information provided will remain confidential. You may submit one online survey for each child receiving services. Click HERE to take the survey. 

Policies that excuse related service providers from IEP meetings

 

School districts should avoid policies that routinely or unilaterally excuse related service providers from IEP meetings. In Letter to Rangel-Diaz, 58 IDELR 78 (OSEP 2011), OSEP noted the critical importance of including in IEP meetings those individuals in the best position to address a child's unique needs. The agency stated that if a district designates a related service provider as a required IEP team member, it must ensure the individual attends the meeting and may not limit the individual to providing written input unless IDEA's excusal provisions are met. "The rules are the rules, and this letter reaffirms that," says school attorney Ryan L. Everhart. "If you have a general practice of not including related services personnel in IEP meetings, you are potentially exposing yourself to due process." Moreover, it is best practice to include these individuals even if they are not designated as mandatory team members, says Pauline Smith, special ed director for Norwalk (Conn.) Public Schools. For example, perhaps the child receives OT services. Even if OT is not on the meeting agenda, it is still helpful to have the occupational therapist present, Smith says. "You never know what's going to come up at the meeting," she says. Log in to Special Ed Connection� for best-practice tips for including related service providers in IEP meetings. For a free five-day trial, call (800) 341-7874.

Case Files


Lengthy commute still consistent with providing FAPE to student with autism An ALJ concluded that a California district's method of providing transportation for a 12-year-old with autism to attend private school did not deprive him of FAPE. Consequently, the ALJ denied the parent's request for a new transportation plan and compensation for the times she took her child to school. Oceanside Unified Sch. Dist., 112 LRP 14645 (SEA CA 03/05/12).

Note student's age, progress in RTI when gauging need for evaluation

 

A boy starts showing reading delays at the end of his kindergarten year. His district provides extra supports in general education through his second-grade year. He passes a state standardized test without accommodations and advances to third grade. But then his progress slows and a last level of interventions fails to stimulate his growth, so his teacher refers him for an evaluation. He is identified as having an SLD. The student's parents claim the district inappropriately delayed evaluating their son for special education. Such was the case in Cobb County School District, 58 IDELR 180 (SEA GA 2012). Here, the ALJ found the district did not inappropriately delay the student's SLD identification because the student had shown consistent progress until he entered the third grade. Also, she said, students are not expected to be fluent readers by first grade, so providing general education supports was reasonable. Be sure to review all available data about a student to avoid inappropriate delays. Also provide parents with written guidance on best practices in RTI so they trust your decision if you ultimately decide to evaluate their child. Log in to Special Ed Connection� for steps experts recommend you take to avoid unnecessarily delaying special ed evaluations. For a free five-day trial, call (800) 341-7874.

U.S. Education Department Reaches Agreement with Memphis City Schools on Aids, Services for Students with Disabilities

 

The U.S. Department of Education announced today that its Office for Civil Rights has reached a resolution agreement with the Memphis, Tenn., City Schools on aids and services to students with disabilities.


The agreement resolves a compliance review initiated by the department to address whether the district is appropriately evaluating students with food allergies, asthma, diabetes, and other health impairments who have Individual Health Care Plans (IHCPs) to determine if the students are qualified students with a disability as defined by Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II). OCR also investigated whether there was a difference in the provision of services to health impaired students on the basis of race.


"We look forward to working with the Memphis community to ensure that all students with disabilities, regardless of their race, have equal access to a quality education," said Russlynn Ali, assistant secretary for the Office for Civil Rights. "The agreement reached today is an important step in that direction." Continued HERE

Legislation  
Judge Orders Medicaid to Cover Autism Treatment

 

The Associated Press

MIAMI -- A federal judge has ordered that the agency that administers Medicaid in Florida cover an autism treatment it had previously rejected.


U.S. Judge Joan Lenard ruled Friday that applied behavioral analysis be covered by Medicaid. The Florida Agency for Health Care Administration had refused to cover ABA for three plaintiffs, claiming it was an "unproven treatment."

Lenard held that ABA was a proven and highly effective treatment of children with autism. ABA uses techniques to help people with autism develop relationships and learn specific skills.


Attorney Neil Kodsi, who represents the plaintiffs, says the judge's order isn't just a victory for Florida's 8,000 autistic children but could set a precedent for cases throughout the country.


Emails seeking comment from the Florida Agency for Health Care Administration weren't immediately returned. Continued HERE

 


 
 
Mission
To empower and support a network of parents of children and adults with disabilities.
 
Vision
All parents of children and adults with disabilities will have universal access to information, training, support and advocacy skills to ensure their children achieve their fullest potential, while leading the community on the rights of all children.
 
Above all, we respect your privacy. We will never sell or share your information with anybody.
 
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