Special Education Law Blog

Eat Less, Learn More

A new study from reseachers at Yale University Medical School suggest that eating less can have a profound effect on learning and memory.  The premise of the study is that the stomach when full secretes a hormone known as gherlin that inhibits centers in the brain associated with learning and memory.

Putting Justice Alito's Confirmation in Perspective

Justice Alito has been confirmed in the Senate in a very close vote, and is now the newest member of the Supreme Court.  One of the unfortunate facts of the confirmation hearings is that legal issues effecting the disabled were largely overlooked.  It is not possible to state with complete certainty what effect he will have on the jurisprudence regarding individuals with disablities in schools, at work and elsewhere  Two commentators have put Justice Alito's confirmation into perspective. One is Professor Sam Bagenstos of Washington University Law School and the other is from ADA Watch.

Chief of the National Education Association Speaks Out Against NCLB

Politically the National Education Association has never been  a friend of special education students. The head of a the NEA, Reginald Weaver, recently spoke out in very strident terms against NCLB and President Bush's cuts to education funding to pay for the Iraq war.   See link for the story.

While I am not in favor of cutting spending for education, leaders on behalf of children with special needs have noted that NCLB actually has been helpful.

Judge Alito’s Record on Special Education and Disability Issues is Mixed

Judge Alito was nominated to the Supreme Court for his very conservative stance on issues such as abortion, business interests, and civil liberties.  My focus is narrower in this post to look at the handful of cases that he has participated in regarding special education law and the ADA.  His record on special education cases is surprisingly positive for parents but not very favorable in most of his ADA cases.

Bullying at the Hands of Staff is a Problem in Schools

In too many districts, the notion that staff bully students is scoffed at and simply dismissed.  There are psychological reports that bare out that bullying is not a mere fiction of overzealous parents and their advocates.

Will Robotic Cars Change the Face of Driver's Education for Students with Disabilities ?

It may seem quite futuristic but recent developments have demonstrated that robotic cars are increasingly capable.  A race among robotic cars in the Mojave desert showed the strides such vehicles have taken in recent years.  These vehicles rely on a series of sensors and GPS devices to navigate. They accept voice commands and are fairly autonomous.

Although more than a few years in the future, driver's education for special education students using robotic cars may allow students with special needs to drive who may not otherwise be able.  Read the rest of the story  and G.R.I.N. (see post from 12/2/05 re: G.R.I.N. technologies) the future is bright with possibilities.

Loss of a Great Advocate for Children with Autism

I only met Liz Birt on one occasion but her dedication and commitment to the rights of children with autism was enormous. She left a permanent impression on me. I unfortunately must share this excerpt from the following obituary notice  .

"It is with great sorrow that we announce the passing of our dear friend and colleague Liz Birt. Liz was a co-founder of the "Coalition for SafeMinds" and was an active board member of the organization. She also founded Medical Interventions for Autism, was a founding board member of the National Autism Association, co-founder and board member of A-Champ and helped with the development of Extreme Sports Camp in Aspen, Colorado. Liz was a principal author of Mercury in Medicine, the staff report released by the House Government Reform Committee in 2003 that for the first time brought together the background and evolving science concerning the toxicity of mercury used as a preservative especially in childhood vaccines."

New Medical Treatment May Be On the Way for Learning Disabilities

New human drug trials that may pave the way to treat the underlying biochemistry of learning disabilities are currently underway.  The drug trials involve use of a familiar class of drugs known as statins, which up to now have been widely used for treatment of high cholesterol.  As reported in the Los Angeles Times, the trials originate from researchers at UCLA.  The technical details of the research appear in the November issue of Current Biology.

The current hypothesis is that statin drugs will remedy the effects of a genetic defect that has been associated with learning disabilities.  In experimental models using the drug, it has shown signs of improving the following: poor attention spans, difficulties carrying out tasks involving spatial abilities, and problems learning new tasks.

This news has the potential to significantly change the current medical treatment for learning disabilities.  While some parents may be willing to immediately embrace this potential new medical regime, others may be more cautious and skeptical.  Fortunately, IDEA 2004 has a new provision that prohibits schools from requiring parents to engage in drug treatment as a condition of attending school, being evaluated, or receiving services.  (See the .pdf version of 20 U.S.C. sec.  1412(25), also referred to as section 612(25).)  Parents should not allow schools to bully them into drug treatments.  Drug treatments should be pursued only when you are ready, and in accordance with the advice of a physician (as to the safety and effectiveness of the treatment for your child) and under his/her supervision.

$100 Laptop Computers

Children require access to the information tools that are an integral part of both learning and our economy.  This is especially true for children with special needs.  Computers with the capacity for internet access are the obvious point of access for all of this wonderful information, educational resources, and vocational training and orientation. Among the many obstacles that have up to now impeded access to the internet are the cost of the technology and what I call the "geek factor” (discussed further below).  The cost factor is obvious.  Computers can be budget busters.  In a time when some students, such as in Washington D.C. (see post from 12/26/05) are going through half a year without books, no less computers, access to the internet  may appear a luxury for some.  The unfortunate reality, however, is that books AND access to the internet are equally essential.

Lack of IEP Implementation is Also an Outrage

In a recent Washington Post editorial, the D.C. school system was taken to task for its failure to deliver books to all students, even as late as December 2005.  The editorial described the school system as follows: "it is a warehouse for students and a pretty poor one at that."  The scope of this failure is certainly an outrage, and it is severe enough to get the attention of the mainstream media.

The rest of the story (which the editorial did not address) is that for special education students, such fundamental breakdowns in the system are all too commonplace.