Special Education Law Blog

Integrated Pest Management in Schools by Charles Fox and Amanda Windom

New research conducted by the California Department of  Health suggests a link between autism and in utero exposure to endosulfan and dicofol, organochlorine  pesticides that are banned in many countries, but still used in the United States.  The study, published by Environmental Health Perspectives, is the first to explore the connection between maternal residential exposure to organochlorine pesticides at different concentrations during key periods of gestation and risk of ASD (autism spectrum disorder) in children.  ASD risk increased with poundage of organochlorine applied and decreased with distance from field sites.  The study concludes that risk for ASD was consistently associated with residential proximity to organochlorine pesticide applications during critical periods of embryonic development.  The study also states that the possibility of a connection requires further study.

Many pesticides, rodenticides and other toxins applied in public spaces operate on the nervous system of the targeted pest. The application tends to be around base boards/floors where younger children spend much more time than adults or older children making them more vulnerable to the effects of these neurotoxins  Over time these chemicals can have particularly negative effects for students with special needs who often have immune system deficits or nervous systems that have already been injured in some way.  The effects of neurotoxins in schools, in my opinion, is factor that is rarely considered when IEP teams convene to consider behavioral or learning issues.  Only the most obvious situations, like overgrowth of toxic molds, are ever even considered as a problem typically because the effects are widespread and not subtle.

According to Science Week pesticide poisoning is a commonly under diagnosed illness in the U.S. and can resemble acute upper respiratory tract illness, conjunctivitis, and gastrointestinal illness.  Studies have also shown a 50-70% increased risk for Parkinson's Disease with exposure to herbicides, insecticides, and pesticides.  Exposure to chemicals, including pesticides can cause multiple chemical sensitivity (MCS), a disorder which is triggered by exposure to chemicals in the environment.  Use of chemicals in schools can prevent children who have MCS from having access to a mainstream education.  For example, two children in Maryland were forced to attend a home school program when their school was being reroofed and sprayed with pesticide. (case law 18 IDELR 1041).
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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.

Make Requests for Accomodations On High Stakes Testing Now

Even though it is January, it is time now to make requests for accomodations on high stakes testing such as the SAT , ACT  and Advanced Placement [AP] exams. Every year in March and even in April parents come to me with requests for help in appealing declination decisions for high stakes testing. Very often the problems center on the age of the evaluations which substantiate the needed accomodations, the validity of the evaluations or the documentation contained in the IEP or other student records.  In the Spring there is almost no leeway to correct gaps in documentation.

T’was the Night Before Christmas Break by Lori Miller Fox

T’was the night before Christmas break, when all through my head,
I knew nothing was scheduled, but worry, and dread;
The boredom was lurking around the corner with fear,
The anxiety of knowing vacation was near;
The children were nestled all snug in their beds,
After putting on their orthotics, and getting their meds;
And me with my ice cream and dad with his beer,
Were worried, so worried that vacation was near.

Where Do Your Candidates Stand On Special Education ?

With mid-term elections set for later this week, there is a lot of cliche verbiage about being "for education". Unfortunately, "education"  for most candidates has little if anything to do with special education.  There are a vast number of families in this country who have a child, grandchild, niece/nephew or other relation with special needs. The problem is unlike other voting blocs we do not consistently vote our interests in elections, nor we even query candidates as where they stand on issues which effect our interests.  I dream of a time when issues relating to special education will be on the political agenda on a regular basis, just as other recognized issues such as gun control, taxes, race, foreign policy and crime.  If we as a community commanded the political respect that the elderly have achieved, the state of special education would look a lot different. It starts with identifying openly and repeatedly what our political priorities should be and then pressing them at all levels of elections. The following are some of my thoughts on political priorities:

Boo! Hoo! [Halloween for Kids With Special Needs] by Lori Miller Fox

Every year as Halloween approaches, I battle mixed feelings. For my “typically developing” daughter, it’s a day second only to her birthday. It’s a day when she can be a princess both inside and out, gather all the candy she and her dad can carry, and eat until she can’t fit one more Skittle or piece of Reese's into her tiny mouth.  For me, it’s a day when I too want to fit every piece of Reese's into my mouth but only to swallow the pain. 

Halloween, has always been a symbol of childhood. It’s a day when children can be children and live out their costume and candy fantasies. But for kids with special needs and their families, it can be a day of segregation, isolation and frustration.

Since many children with special needs can’t or have to limit their intake of candy, my son’s only enjoyment on Halloween was ringing the doorbells--a task, which in a wheelchair, was made very difficult by steps and stoops and shrubs and stares. So many unfamiliar “neighbors” tried to relieve their shock and saddness by dumping  handfuls of candy my son would never eat into a bag that he couldn’t hold. But then again, more for the grieving parents.

Now that my son is 14, I thankfully no longer have to worry about what kind of costume goes with a wheelchair, and I can avoid the painful “elementary school parade” for which upright posture was the only thing to be grateful.  And I can mindlessly answer the door and force a smile on my face as I pass out the Hershey bars.

Today as I look back on my Annual Autumn anxiety, I realize that as parents of children with special needs, we’re often the ones having to wear the costumes. And not only on Halloween, but every day.  From the smiles we paint on our faces to the stiff upper lips we rubber cement onto our chins.  As our children grow, we become the people they need us to be, to enable them to be who they are. 

FAPE Applies to Busing

It is that magic time called "Back to School."  For most of my clients it is not so magic, more like nerve racking. Transportation seems to be  the first issue that rears its ugly head:

School Supply Lists For Kids With Special Needs Can Be Full of Sheets by Lori Miller Fox

It’s that time of year again.  Back to school. When parents all over the country, list in hand, ambush the stores in search of the perfect school supplies. Red, plastic, 8x12 pronged folder with pockets, green wide-ruled five-subject spiral notebook.  Every subject has a specific pencil, every class a unique pen. But somehow those itemized  lists never seem to apply to my son. Just seeing the word “Elmers” used to get me unglued, the word “ball point” would start me balling, and the word “scissors” would cut me to my very  core. The only thing that seemed remotely useful was the mandatory box of Kleenex tissues to wipe away the tears, so I always bought an extra for my own supply closet.

After years of suffering in silence, I’ve put together my own, more functional list for kids with special needs, their families and the staff who “just don’t get them”.

The Time is Not Right...

As the school year winds down to the last few weeks for many children, what I hear from many school people is that various suggestions can not be done NOW because the year is almost over. Curiously, throughout the year the time never seems right.

Spring Fever and Behaviors

While I have not seen any scientific or statistical studies, in my personal experience the period from mid-April to the end of the year can be among the most problematic periods for serious behaviors in school.  I do not think that it is an accident or happenstance that some of the worst violence in schools has occurred during this period of time.  Bad things can happen in school at any time but during this period the odds seem higher.