Special Education Law Blog

Worst System Except for All the Others...

When Winston Churchill was asked about the problems with Democratic systems, he was reported to have said that "it is the worse system except as compared to all the others." Here is an article dealing with the comprehensive issues that students with disabilities face in India despite legal and constitutional protections.

Schools Failing In Public Outreach

School districts need to reach out to parents and make sure that they know what special education services are available.  This is not a statement of opinion it is a statement reflecting the child find responsibilities of IDEIA to do public out reach.  Unfortunately, too many school district seem intent on keeping parents in the dark, and then complain that parents are not well informed in the IEP process or worse yet have "unrealistic expectations."

Inclusion of Students in School Governance

The National School Board's Association ("NSBA") has noted  a recent trend that students are being included  on school boards.  In at least one school district, Davenport, Iowa, at least one student who is on the school board is required to be a student with an IEP.  On the whole it appears that most student who are allowed a role in school governance are based upon popular vote or other criteria that generally will not favor a student with special needs being included on the local board of education. For instance, in Tennessee, 4 students are to be included on the board two each from the "college track" and  "technology track." Download School Governance.pdf

Parents Fighting to Decline Services

The Eighth Circuit Court of Appeals has ruled in a very strange case that parents may decline IDEA services. In  Fitzgerald v. Camdenton R-III School District [ Download Fitzgerald waiver case.pdf ],  the school district determined that a child needed a case study evaluation on the belief that the child required special education services.  The parents expressly declined services, refused consent, began home- schooling the child and privately provided special education services.

Remarkably, the school district sued to compel consent. The due process hearing officer and the district court ordered that the evaluation should go forward as soon as possible. The parents appealed to the 8th Circuit which ruled:

"Congress intends that a district may not force an evaluation under the circumstances in this case. Where a home-schooled child's parents refuse consent, privately educate the child and expressly waive all benefits under IDEA, an evaluation would have no purpose."

Professor Mark Weber's Talking Points in Opposition to Harmful Changes In Illinois Law

Professor Mark Weber, who teaches Special Education and other law subjects at DePaul University College of Law, the author of numerous articles and  a treatise on Special Education Law has written the following letter. This letter  further explains why Illinois Senate Bill 2796  is deterimental to parents and should be defeated in the Illinois House. The following open letter to all concerned parties can be used as "talking points" in corresponding with Illinois House representatives. This is an urgent request for action for all parents and others in Illinois who care about the welfare and the educational rights of children with special needs.

Parents Need to Fight Hostile Amendment to State Special Education Law

Recently a group of parents' attorneys (including me), school attorneys and SEA officials in Illinois sat down in what was supposed to be a collaborative effort to amend the due process provisions of  the Illinois School Code.  The process quickly degenerated to the point where even the most modest proposal from the parents' attorneys side was derided and vetoed.  In the end, the official position from the government folks on the committee was that the Illinois amendments were not to go any further than the Federal law. Unfortunately, the true meaning of that phrase was that the State law could not be more protective of parents' rights than IDEA 2004 mandated, but it could and should be more protective of school interests. 

New Graduation Law for Students with Special Needs

In December 2005, the Illinois legislature amended the School Code to allow students with special needs to participate in graduation ceremonies with their peers. This new law allows students who have IEPs to enjoy the "pomp and circumstance" of the graduation ceremony, even if the student is continuing to receive special education services post-graduation.  The ARC of Illinois successfully lobbied for this law which is known as Brittany's law.

Autism Program Quality Indicators

Autism is not a low incidence disability.  The irony is that school districts frequently are unable or unwilling to implement quality programs for children with autism.  Too often programs lack intensity, structure, low teacher to student ratios, a systematic curriculum, or supports like communication systems, behavioral reinforcers or visual schedules.  None of these program components are novel,  but when I bring them up at meetings I get a lot of blank stares as if I just invented these ideas. 

Classroom Observations A Matter of Right ?

Parents have a need to observe in their child's classroom especially when issues arise in school.  Observations of  candidate programs are crucial to making informed decisions on placement.  It also can be important that private therapist or evaluators observe current and potential classrooms. Schools have, in my experience,  thrown up a variety of obstacles to impede or prevent these observations.  The one that appears to be in vogue at the moment is that the classroom observation would  "violate the confidentiality of the other children in the classroom." When pressed for the underlying State or Federal law or even local school policy that they believe supports this claim, I have yet to see anything other than administrators posturing and pounding the table.  This position usually unravels when it is pointed out that there is no confidentiality concerns when parents visit to assist in a room, read a book to the classroom or present on career day.

Wisconsin House Passes Autism Voucher Program

Wisconsin’s House of Representative in December 2005 passed a bi-partisan bill that was sponsored by Rep. Kitty Rhodes to provide $15,000 vouchers or scholarships to children with autism to go to private school or for treatment.  Juxtaposed against this news is the ruling of the Florida Supreme Court  on January 6, 2006 that struck down vouchers as being unconstitutional on religious and educational grounds.