Special Education Law Blog

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.

U.S. Supreme Court Considers An IDEA Case for Appeal on Expert’s Fees and Rejects Two Other IDEA Cases

The U.S. Supreme Court has requested that the Solicitor General’s Office for the United States submit briefs regarding the merits of a case that is pending appeal.   The case is Arlington Central School District Board of Education v. Murphy (No.05-18).   The Murphy case presents the question as to whether expert’s fees are recoverable under IDEA.   This question has been answered in the negative in the T.D. v. La Grange Sch. Dist. case in the 7th Circuit and in Illinois.   If Murphy were to be accepted for appeal and decided favorably for the parents’ side, it would effectively reverse the decision in T.D.

Pen-Top Computer May Be a Help to Some Children With Disabilities

For sheer gee whiz alone, the latest technology gizmo is worth checking out.  It is called “the FLY”, and it is from LeapFrog Enterprises, the same people who make the LeapPad for students in the early stages of literacy.  The FLY is not yet on the market, but it is projected to retail for $99.00.

The FLY is being described as a pen-top computer.  While this may be a bit of an oversell, it does do some fun and educationally relevant things.  For instance, with specially designed “Flypaper,” a student can draw a piano and then use the FLY to play the keys.  Draw a calculator and then use the FLY to solve problems.  For foreign language exercises, students can write a word in English and hear it translated into Spanish.  There is additional software for test preparation in science, math and social studies.  For geography exercises, the pen-top can tell you the name of the capital of a state when you point to it, play the national anthem of a country when you point to it on a map, and create timed, interactive geography exercises.

Whether the Fly will have applications for children with disabilities remains to be seen, as this technology is still untried in the classroom.  But given its low cost, it does not present a huge investment to try it out and see.  It may in fact help struggling readers and be a useful tool for math exercises.  Even though it will never replace a laptop computer for power and functionality, it is fairly unobtrusive, so a child may be more likely to use it.  One of my personal frustrations is when I fight hard for a laptop at the parents’ request, and the school finally complies, only to have the child refuse to use it because of the “geek factor”.  Most teens would rather do anything other than use a piece of technology that stigmatizes them as different.  In any event, the FLY satisfies my personal fantasy from third grade, when I looked at my pencil in math and wished that it could give me the answers.  Now it can.

To read the LeapPad Enterprise  press release for the FLY (in .pdf format), click here.

From Teasing to Torment: New National Report on School Bullying

A recent national survey has shown that fully two-thirds of high schoolers have experienced physical harassment and bullying in school, and the vast majority of these incidents are not reported to school personnel.  The majority of these incidents center on two primary areas: whether a student looks different from the norm in some way, and whether the student is perceived to be gay, lesbian or bisexual.  This survey brings to the fore some difficult realities for children with disabilities in high school. Very often, a student with a disability looks different or acts different in some way.  Whether the disability is autism, NVLD, a physical challenge or an attentional issue, the differences are there (though some more obvious than others). Moreover, if that same student is perceived to be other than heterosexual, the student will likely suffer a double dose of harassment and abuse.