Special Education Law Blog

Just Don't Spill Coffee

I few years ago I ordered a custom computer for my son from a company known as Troll Touch, which specializes in touch sensitive screens for direct access without a mouse or keyboard. The computer and touch screen have operated flawlessly for years, but the add-on cost was around a $1000 over the base cost of the computer. I think Troll Touch offers very good products and service; the pricing puts their products out of reach for many needy consumers with disabilities. It is the basic principle that small market specialty items, especially for the disabled,  just cost more. The only real solution is for the mass market to recognize the appeal and ease of touch screens and mouse-less access. 

Well that day is about to dawn and in some ways has dawned with Tablet PCs and other touch sensitive devices on the market.  This trend is about to take on larger dimensions in every sense of that word.  Microsoft is getting ready to release a touch sensitive computer that is the size of small coffee table; just don't spill the coffee. It is not meant for the small market of the disabled, so even its initial price of $5000 although expensive seems relatively cheap to a consumer of products for the disabled.  Of course, as with all such products once it catches on the price will drop dramatically.

I can soon see a desk top surface that will operate as a computer.  The advantages are:

• No longer will my students with learning disabilities have to feel so self-conscious about having a lap top on their desk since the desktop will be the desk;
• Students with low vision will benefit from the size as the text and graphics can be enlarged to a great dimension;
• Given the heft and built in nature of desktop in the desk, children with behaviors that involve throwing objects are perhaps less likely to throw the entire desk;
• Increasing access through touch as opposed to mouse will mean that software will be developed with this kind of hardware in mind increasing access for all and especially for the disabled like my son who rely on direct touch access.

Keep it coming Microsoft and Apple, we need it !

Sex Ed is About Safety By Amanda Windom

One of the most controversial topics we face in schools today is sex education.  Schools in Illinois vary greatly in the curriculum they offer ranging from none at all to abstinence-only to comprehensive sex education. Putting aside the moral, religious and other debates, the main issue here is safety.  Regardless of our personal feelings about the topic the fact remains that children and teens must be educated about sex in a meaningful way, and if they are not educated at school or by parents they will develop ideas based on things they learn from friends or in the media, often to their detriment.

Children and adolescents with disabilities are often left out when it comes to sex education, although they are at a higher risk for sexual abuse than their typically developing peers.  Statistics show that children with developmental disabilities are 4-10 times more likely to be victims of sexual abuse. Also rates of STDs are high among young adults with disabilities. So why aren't children who have disabilities receiving meaningful sex education?

Aside from the fact that sex education is a constant item of debate in the standard curriculum, there are many reasons.  People who are disabled are often seen as uninterested or incapable of sexual activity, or on the other hand they are seen as sexually deviant.   Regardless of common stereotypes all people need to be educated on this vital topic, that can have mortal and significant health consequences.

Illinois District Brought to Shame by Amanda Windom

The expression is that it takes "two to tango." In this case the two were some dedicated parents and District #203 in Naperville, Illinois over an AAC device known as the Tango.  School District #203 in an act of overt meaness recently denied a six-year-old boy with autism access to his communication device, the Tango.  The District first agreed to supply the Tango and than decided that the child could only have the device if his parents agreed to put him in a summer program that had been deemed inappropriate.  The Hynes family appeared in court pro se, and the school district, represented by its counsel, was literally brought to shame.

The Hynes, in an attempt to enforce their son's rights to access the  Tango, moved in state court for a Temporary Restraining Order.  On June 27, 2007, Mr. Hynes  appeared before Judge Milton Shadur in federal court, responding to the school's efforts to have the case moved to Federal Court.   Judge Shadur decided in favor of the family directing the famous question "Have you no shame?" from the McCarthy hearings, to the district's counsel for trying to remove the Tango from the child. Judge Shadur also stated that the school district was "blackmailing" the parents trying to get them to agree to a program that their "own professionals have not found to be in his best interest".Download JudgeShadurDecision-5.pdf

Later that day the District  sent the family a gag order stating that they would provide the device only after the family agreed to keep quiet about Judge Shadur's decision.  Instead of responding, the Hynes family re-filed the Temporary Restraining Order in State Court.

Fetal Alcohol in the News by Amanda Windom

Too many children with fetal alcohol syndrome grow up to become adults in trouble with the law, 60% in fact. Parents feel like there is little help to take control and keep their children out of trouble.  That may be changing thanks to Illinois legislation sponsored by Senator Don Harmon (D-Oak Park).  The proposed Illinois bill, as explained in the Chicago Tribune June 1, 2007, would give parents the option of guardianship which up to now  had not been available for the parents of young adults with FAS.  This would allow parents to care for the financial and personal interests of the adult with FAS (called the ward), if a judge determined that the ward could not make sound decisions.  It is important to mention that becoming a guardian to an adult with disabilities does not make the guardian responsible for the wards debts or actions, but does give the guardian authority to care for the personal and financial interests of the ward.  As of July 5, 2007 this bill had passed through both houses and  was sent to the Governor.

For those in States other than  Illinois, this legislation could be used as a model to protect individuals with FAS.

529-style Accounts for the Non-College Bound

There is a bill pending in Congress to allow the formation of tax deferred accounts similar to 529 accounts for the college bound, but these accounts are to address the day to day life needs of individuals with disabilities who are not college bound. They are are know as FSAID accounts.Download fsaid_fast_facts.pdf .

Among the key elements of these proposed plans:

• Allow for rollovers from other accounts;
• Individuals qualify for the plans if they already meet the requirements for SSI;
• Income from the plan will not disqualify an individual from other government benefits;
• Capped at $500,000 (but as with many such programs that cap usually rises over time).

The plan can be used for rent, medical expenses, housing, job training among other relevant expenses.  It is great way to improve the outcomes and quality of life for people with disabilities without jeopardizing other benefits. This legislation is something that we should all be writing our Senators and Congressperson to formally endorse and push through to law.

Myspace for My Special Kid By Amanda Windom

When it comes to websites like myspace there is an innate fear that parents often succumb to without exploring the possible benefits. While there are dangers, there are also benefits, discussed below, which are too often overlooked.  Many children with disabilities are socially isolated and have little opportunity to express thoughts, participate in meaningful communication with peers, or otherwise fit in with mainstream society.

This is a site that may allow these teens to do just that.  Myspace is a free website that allows people to set up a profile including pictures, personal information, music, and videos, among other things.  Once a profile is set up the user can share pictures and messages with anyone else who has a profile and is approved as a friend.  Profiles can be set to private which prevents anyone who is not approved from viewing.  Myspace is easy to use and very popular with both children and teens. The site was developed for teens and adults ages 14 and older, but it is easy for children of all ages to join.  A child is best protected by a parent who  educates themselves, and their children, about the risks and benefits of myspace.

New Addition to the Firm

I am delighted to announce that Amanda Windom has joined my firm. She is a former manager of a day care center and a parent of child with special needs. She brings a great deal of energy to the firm and will be assisting me on cases, advocating at meetings and as can be seen above, writing wonderfully new blog posts.