Special Education Law Blog

Student With Autism and His Dog Finally to Go to School

While the litigation is far from over the Illinois Appellate Court upheld the lower court's ruling in favor of the family. This student is a rural school district in downstate Illinois should finally be able to go back to school and bring his service dog. This Illinois school district needs to make a few calls to schools in Portland, Oregon,  where more districts are welcoming services dogs for children with autism because they are seeing real and demonstrable educational benefits.

Forest Grove On Remand Judge Rules for School District

In law school I had a professor who always drew a strong distinction between having a right to sue and having the ability to win. The Supreme Court in a very favorable decision in Forest Grove recognized that the parents had a right to sue in due process for reimbursement for a unilateral placement in a residential school because the school for years had ignored his special needs. This right existed even thought the student had not already been found eligible for services and no case study was done. The case was remanded to the district court that had ruled against the parents in the first round of litigation.

The district court on remand ruled against the parents again taking the position that his need for residential was not educationally based rather to address his drug problems which fall outside of the ambit of special education. Even from the facts of the case recited in the Supreme Court's decision it is plain the district court is distorting the facts of the case to fit its desired outcome. Have a right of action is entirely different than having a right to a fair shake or a clear path to victory; turns out my old law professor was right after all.

LRE Run Amok In Evanston Illinois

I am a strong proponent of inclusion and that students should being educated in the least restrictive environment ("LRE"). LRE is a central pillar of IDEA. Nevertheless it needs to considered in the context of the individualized needs of the child and most importantly what is appropriate for the student. In fact the law in Illinois is that the first line of inquiry in making placement decisions is first decisions on appropriateness and then and only after that determination considerations of LRE.

Districts tend to argue LRE when it suits their end goal, or FAPE when that works best for them, even though they are not legally interchangeable. In the Beth B. case the 7th Circuit ruled that it made no sense to place a child in an inappropriate LRE. 

Evanston School District #65 is closing Park School that has been open for many years and serves students with severe needs, many of whom have not been successful in other less restrictive settings. The ostensible justification for the closing of Park School is in the name of LRE without any consideration for the individual needs of the students or the appropriateness of more inclusion for these students.

Getting It in Writing Easier Said Than Done?

The standard legal advice is to get it writing and specifically written into the IEP. Well in some district's as a matter of policy or practice that is not so easy since the school personnel hold the IEP for final administrative review (revision and editing). Here is a fellow blogger that discusses at length how districts refuse to produce the IEP at the end of the meeting for weeks and even months. This blog refers to this practice, as a legal loophole, because the law does not state when the document must be provided to parents. While the law does not state a definite time frame to provide the IEP, it is safe to say that a reasonable time is implied. I believe that  most schools would be hard pressed to explain to a hearing officer or a SEA why the document was not produced the following day or at the most 2 says later.

Autism and Elopement Behaviors by Nicole Jorwic

Elopement behaviors are among the highest priority behaviors and one of the most difficult challenges facing schools, parents and children with disabilities. The risks from elopement are obvious but too often schools are ill-prepared to address this issue. Children on the autism spectrum are more prone to  not be able to verbalize where they need to go and coming upon a stranger may bring about further anxiety. It is important that steps are taken to prevent such runaways and also that emergency personnel are trained to handle encounters with these children.  Here is a safety tool kit that can be very useful both in school and at home. Of course in this time of high tech devices there are also GPS devices to keep kids from eloping and to track to them if they do.

Absences from School A Criticial Factor for Students with IEPs

A recent report from Chicago found that absences from school are one of the most critical factors for success or failure for special education students, and concluded that ""once we take into account the fact that students with disabilities miss many more days of school, their course failures and grades are similar to those of students without disabilities." [Download CCSRSpecialEdWMS-Final].

Special Education Law Blog One of the"Fifty Best Blogs for Special Education Teachers"

I was very gratified to be recognized as one the 50 Best Blogs for Special Education Teachers. My intent in writing this blog is to provide resources, commentary, opinion, humor and to tell the truth as I see it. Some of my comments are and will be critical of teachers, administrators,  state and federal officials, and school systems. All systems and individuals are far from perfect and in the process of criticism and commentary things change and develop. I have stated repeatedly that I do not mean to malign every person working in the system, as there are far more dedicated individuals than those deserving criticism. This recognition signals to me that I am accomplishing my purpose in writing this blog. I appreciate the recognition!

Autism Recovery? by Nicole Jorwic

"Recovery" from autism is an all-encompassing term. I have a 20-year old brother with autism. When Christopher was first diagnosed he had changed from a happy, engaged 2-year-old who had retreated to "his own world," without  eye contact, lashing out in frustration and losing all the words in his growing vocabulary. My family went through every treatment available, from floor-time and sessions with Stanley Greenspan in Bethesda, Maryland, Cranial-sacral therapy, sensory-integration therapy, Tomatis auditory training, Gluten-free diets and an in-home ABA therapy 40 hours a week. And while Chris is still non-verbal he is now very much a part of “this world.” Yes, there are still bouts of frustration and trouble with communication but the essence of Chris that is the "gentle giant" that we all know and love was slowly recovered through my parents’, Chris’ and his many therapists’ and doctors’ tireless efforts.

How Do Former Preemies Learn?

Education experts in the United Kingdom are starting a two-year study exploring what teaching methods are most effective for children who have special needs due to their premature births. Eighty percent of premature babies born today survive due to advances in medicine. Some are born before their brain development is complete. These children will face unique challenges and this study will begin to determine the best teaching methods for them to receive an educational benefit.

As a parent of a child who was a preemie (27 weeks and 800 grams) we have had to find our way with sheer instinct and some expert advice as to how our son learns best and understanding the fullness of his needs. There are so many things that appear separate from his physical challenges that are confounding, e.g. emotional immaturity, perseveration, seizures, sleep issues and moving ahead in math and reading. Perhaps this study will shed light on our son's life long quest to  learn.

 

Mandatory Flu Vaccine Upheld in W. Virginia School District

West Virginia is apparently only one of 2 states in the U.S. that to do not have a religious or medical exemption for vaccination of school children. The Federal District Court ruled in the case Workman v. Mingo County Schools that the school district could override a doctor's note, seeking an exemption from the H1N1 vaccine in that district. The vaccination is required as a condition of attending school.

Obviously the more potent issue is whether a court in West Virginia would rule differently if the issue was a preschooler seeking to be exempted from vaccination because of a concern regarding autism. Given the strict construction it would appear that parents in that position would be hard pressed to have the court uphold any exemption even where the concern is over autism.

In Illinois, where exemptions are recognized, I had a school district refuse a doctor's note because the particular doctor had established a reputation for a being an "autism mill." He wrote prescriptions so frequently his credibility and the basis for his medical opinion had become suspect. I filed suit for the parents and after significant time spent negotiating and wrangling in court, a compromise was reached and the child was permitted to go back to school without receiving vaccinations, with a note from another doctor. Issues relating to vaccinations are hot button topics for many school districts. Parents would be well-advised to establish the bona fides of their claim to an exemption claim, either medical or religious,  to avoid expensive and time-consuming battles with the school district.