Students with Disabilities Excel with High Expectations, Access, and Inclusion
"We know that when students with disabilities are held to high expectations, have access to a robust curriculum in the regular classroom, they excel." Secretary of Education , Arne Duncan Until recently, the Department of Education's primary focus was evaluating states compliance meeting procedural requirements- timelines for evaluations, due process hearings and transition services. Under the new framework, Results-Driven Accountability (RDA), the Department will also include educational results and outcomes for students with disabilities in making each state’s annual determination under the Individuals with Disabilities Education Act (IDEA). “Every child, regardless of income, race, background, or disability can succeed if
Worth A Second Look: Haben Girma’s 2010 Speech on 35th Anniversary of IDEA
"One of the treasures of IDEA is that it provides children with disabilities the luxury of just being students. Unfortunately there are still many school districts where students with disabilities are denied their right to an education." Haben Girma
Intersection of Law, Education and Civil Rights
As a deaf-blind student with very limited sight and hearing, Haben Girma '13 learned that you must be a self-advocate and come up with creative solutions to the problems you face. If that fails, she says, then the law can be a strong ally.
Congress Changes Special Education Funding Regulations
This month, Congress clarified how states that fail to adequately fund special education services from year to year will be penalized. The changes to IDEA regulations, put forth by the Obama administration, are said have “broad support on Capitol Hill”. Special education funding is governed by “maintenance of effort”, or a regulation stating that funding levels must maintained or increased from one year to the next. States need special permission and a waiver from the federal government to be exempt from meeting maintenance of effort in any given year, or they may find themselves facing serious consequences. South Carolina and
US DOE “Access to Sports for Students with Disabilities Is a Civil Right”
U.S. Education Department is telling schools they must include students with disabilities in sports programs or provide equal alternative options.
Q&A: IDEA and child care
This 4-page brief explains the basics of the Individuals with Disabilities Education Act (IDEA) to child care providers, including early intervention for children under the age of 3 and special education and related services for school-aged children. It
CEC Celebrates IDEA’s 37th Anniversary
On November 29, 1975 President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142), landmark legislation that forever changed how American’s view individuals with disabilities. Now known as the Individuals with
Access to the General Curriculum for Students with Disabilities: A Brief Legal Interpretation
Access to the General Curriculum for Students with Disabilities: A Brief Legal Interpretation By Joanne Karger and Charles Hitchcock Introduction The 1997 reauthorization of the Individuals with Disabilities Education Act (IDEA) introduced important changes in the provision of special education services for students with disabilities. One of the most significant changes concerns the requirement that students with disabilities receive access to the general curriculum. Specifically, the new Amendments require that students with disabilities: (1) have access to the general curriculum; (2) be involved in the general curriculum; and (3) progress in the general curriculum. The purpose of this brief is to
COPAA Announces Keynote and General Session Speakers for 2013 Conference
COPAA is an independent, nonprofit membership organization of special education attorneys, special education advocates, related professionals, and parents/family members. Our primary mission is to secure high quality education services for children with
My Civil Rights
Inclusion, Martin Luther King, Jr, The Civil Rights Acts of 1964 and education.
Stop IDEA Funding Cuts!
There could be some big changes awaiting you during the next school year if Congress does not act soon to save programs for children with disabilities such as the Individuals with Disabilities Education Act (IDEA). Many federal programs will automaticall
Educational rights for children with AD/HD: A primer for parents
This primer for parents is aimed at helping parents recognize attention-deficit/hyperactivity disorder (AD/HD) and learn about the two main laws, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, th
Releasing IEE Data Without Parent Consent
I am a private psychologist. I completed an IEE, then turned in the report to the district and parents. We held an IEP meeting to review the results. Can the district request that I release my raw test data, test protocols, and test materials to the scho
School bans disabled girl from using walker
Kristi Roberts was stunned when school officials insisted that her disabled 5-year-old daughter switch to a wheelchair from the walker she’d been using for the previous two years. Little LaKay had battled cerebral palsy and epilepsy since she was born, a
Expanding Opportunities for People with Disabilities – Fact Sheet on President Obama’s 2013 Budget Proposals
We now face a make-or-break moment for the middle class and those trying to reach it. After decades of eroding middle-class security as those at the very top saw their incomes rise as never before and after a historic recession that plunged our economy i
Details of Obama’s proposed $70B for education
The U.S. Department of Education would receive nearly $70 billion under President Barack Obama’s FY2013 budget, which he presented to Congress on Feb. 13. This is a 2.5 % increase from 2012. Obama's 2013 education budget focuses on STEM initiatives and workforce readiness. “In these tough budget times, the Obama administration is making a clear statement that high-quality education is absolutely critical to rebuilding our economy.If we want to strengthen the American workforce, we must continue to invest in education. U.S. Secretary of Education Arne Duncan
The President’s FY 2013 Budget: What does it mean for Special and Gifted Education?
CEC Calls for a Greater Investment in Core Programs in FY13 Budget: Special and Gifted Education The following is a statement from Deborah A. Ziegler, Associate Executive Director, Policy and Advocacy Services, the Council for Exceptional Children, regar
Obama ignores special ed, again…
“Fully Funding the Individuals with Disabilities Education Act: Barack Obama has been a strong and consistent advocate for fully funding the Individuals with Disabilities Education Act (IDEA). Congress promised to shoulder 40 percent of each state’s “exc
Obama’s Education Budget Focuses on Teachers and Higher Ed
President Barack Obama’s budget, released Monday, built on the education priorities that he laid out during his State of the Union speech last month: an increased focus on higher education and strengthening the nation’s teaching workforce. For fiscal yea
Bullying of Kids With Disabilities – Part II
Bullying remains a hot button issue in special education law. This is the second post in the current series on this topic. Last week I discussed some of the key cases finding that bullying of children with disabilities can be a violation of the Individua
Procedural Safeguards – The Series – Part I
This is the first installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With Disabilities Education Act. I work a lot in this area, so it is near and dear to my heart. Despite the importance
Autism and the DSM V
The DSM V is the yet (2013) to be published Diagnostic and Statistical Manual, the handbook for diagnosing psychiatric and psychological illness or disorders. The latest iteration was the DSM IV TR (Diagnostic and Statistical Manual Four, Text Revision)
Supreme Court Says NO to IDEA Case
In the special education case, Compton Unified School District v. Addison (Case No. 10-886), the justices had asked the U.S. solicitor general's office for its views last April on a question under the federal Individuals with Disabilities Education Act: whether a parent may bring a claim in a due-process hearing that a district violated the law's "child-find" provision.
Wrightslaw
Wrightslaw's mission is to provide parents, advocates, educators, and attorneys with accurate, up-to date information about special education law and advocacy so they can be effective catalysts. * Information for parents about their rights and responsibilities * Information for teachers about professional training so they can meet the diverse needs of their students * Information for advocates about laws, regulations, and advocacy strategies * Information for attorneys who want cases, pleadings, and tactics and strategies
Rights Task Force
The Rights Task Force is part of The Consortium for Citizens with Disabilities and focuses on civil rights and protections for people with disabilities, and for enforcement of rights provisions by federal agencies. Issues covered include the Americans with Disabilities Act (ADA), Section 504, and protections secured through the Individuals with Disablities Education Act (IDEA)
Council of Parent Attorneys and Advocates
The Council of Parent Attorneys and Advocates’ mission is to be a national voice for special education rights and to promote excellence in advocacy. Their primary goal is to secure high quality educational services for children with disabilities. The Council of Parent Attorneys and Advocates (COPAA) is premised on the belief that the key to effective educational programs for children with disabilities is collaboration -as equals- by parents and educators. This is the premise of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the 1973 Rehabilitation Act, the federal statutes that guarantee children with disabilities a free, appropriate
Charter Schools Excluding Students with Significant Disabilities in Florida
A new report by the Miami Herald and StateImpact Florida – a National Public Radio initiative - confirms CEC’s ongoing concern that many charter schools are failing to serve students with disabilities, particularly students with significant disabilities
The Gift of Knowledge
It’s been a couple of years now that I’ve been blogging about special education legal issues. Unfortunately, the realities of juggling a busy law practice, a family, and other professional commitments don’t allow me to do it enough, and I continue to ye
IDEA Money Watch Responds to Something’s Got to Change
In June 2011, the American Enterprise Institute (AIE) released “Something Has Got to Change: Rethinking Special Education,” a paper that examines special education spending and seeks to offer practical solutions to “tame out-of-control special education spending while serving special-needs students better.” IDEA Money Watch responds to the points AIE brings up. AEI also provided a teleconference during which the paper’s author, Nathan Levenson, presented a brief overview and responded to questions. Full Article at IDEA Money Watch
