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The Anxious Season

May 7, 2012 in Featured, Featured Member by Robert Rummel-Hudson

It’s that time of year again. Schuyler’s IEP meeting is today.

Did you see that? I said that without anxiety, without fear and without slurring my words or developing a nervous tic. I must be getting better at this.

We are generally in a good place for this meeting. The biggest news is that Schuyler herself will be attending the meeting for the first time this year. This is a big deal; it has always been our intention that as soon as she was ready, Schuyler should be present, advocating for her own needs and participating in the decisions being made about her future. I look forward to a day when Schuyler drives the agenda for these meetings.

That day will not be today, however. Today, we’re just hoping she’ll stay focused long enough to make it through the meeting without bribery, Angry Birds or a sedative. But from small beginnings like this, great things grow. I’m excited for her.

Like any special needs parents, we’ve experienced bad IEP meetings in the past. Our current situation is actually pretty golden, particularly compared to ones that took place before we moved to this school district. I can remember one of the very earliest, when Schuyler was just beginning to use an advanced electronic speech device. The technology adviser to the district had been making noise about how Schuyler wasn’t ready for such an advanced model, and that more support from the school wasn’t warranted. We knew better, but our attempts to convince anyone else of the potential for Schuyler fell on unreceptive ears.

A few nights before the IEP meeting, I videotaped Schuyler answering questions on her speech device, including many that required her to move through subdirectories. She had only been playing around with the device for about two weeks. Despite the newness of the device in her curriculum, however, she was able to answer questions using preprogrammed answers. She was able to find and identify colors of specific objects (in this case, rubber ducks). She navigated multiple levels and subdirectories in order to find food menu selections, and she was able to put her choices into very simple sentences. Most of all, she was enthusiastic about using the device. She consistently answered questions with the device that she was perfectly capable of addressing using sign language. And she was just barely getting started. Two weeks had given her this much.

The video was convincing; indeed, it turned around many attitudes among her support team, attitudes that I suspect were built on our reputations as annoying know-it-all parents and because of people like the technology advisor, professionals who were supposed to know better, who were supposed to do better than they did. It would have been easy to feel smug in the face of that meeting, and honestly, I did. For a while, anyway. But the more I thought about it, the more it bothered me. Should it really be the job of a parent to resort to videotaping their own child at home in order to be taken seriously? More importantly to us, should teachers be in the position of limiting a child’s options, basing that decision on budgetary issues?

You might be surprised at my answer, at least to that second question. I recognize the very real fact that for most teachers and administrators, the question quite often boils down to exactly that. What can we afford to do? How much can we afford to help an individual student when each resource that goes into one child is taken away from the rest? It’s a real question, and I recognize that for a small school like the one Schuyler attended, that one child’s needs could very directly affect the services that the rest of his or her class receives. It’s an ugly way to look at it, but it’s a fact and we all know it.

I get a lot of emails and questions about IEPs, particularly from parents who are new to the process and may be attending their first meeting. The one thing that I try to give them is an understanding, or at least my understanding, of how the system works. And I do believe that it works, mostly, and that federal law provides more than adequate protection for the majority of special needs students. I give these parents my opinion, which of course is mine alone and based on purely anecdotal information. I tell them that the key to developing a successful IEP is to recognize a few things going in.

First of all, parents need to understand that everyone in that meeting is there for the same reason: to help our kids. I am convinced that even the people who made our lives the hardest did so out of a sincere belief that what they were doing was in the best interests of Schuyler and her classmates. There aren’t very many outright villains at an IEP meeting, although I imagine there are plenty of parents and teachers and SLPs who would be willing to rebut that point. We’ve all got the same interest at heart.

But having the same interest, my second point begins, does NOT mean that we’re all trying to achieve the same things. The two points sound close, and they are, really. The teachers and support staff want to help their children, they want them all to go into the world with every advantage that the schools can give them. Our goal as parents is to help our child get those same advantages. The key to successfully navigating the IEP meeting, in my opinion, is to recognize that because of their finite resources, the best way for the teachers and administrators to accomplish their goal is to spread their resources out as evenly as possible. Or put more indelicately, I tell these advice-seeking parents, they can do their jobs more successfully by giving your child less.

It sounds harsh until you examine the flip side of that. Your job as a parent, I tell them, is the exact opposite. It sounds callous, as if you are saying you don’t care about other disabled kids as long as your own child gets what they need, and it’s not that simple, not at all. Special needs parents are some of the most sympathetic people on earth, for perhaps obvious reasons. But in that meeting, it is the parent’s role as their child’s advocate to attempt to secure the most resources for their kid, at the necessary expense of other kids.

It sounds crass when stated that way. In a perfect world, the village would take care of them all. But the truth is what it is, and the system works when everyone takes their position with confidence and doesn’t take the other side’s position personally. It’s inflammatory, perhaps, to talk about sides, because what ideally emerges out of this conflict is a plan for that child that balances every party’s needs and responsibilities. It forms from compromise, and it works when parents respect the teachers and the support staff, and when the school believes in the parents and takes seriously their instinctual knowledge of what their child is capable of. It resembles an architectural structure, supported from different angles. When the Individuals with Disabilities Education Act works properly, no parent gets to run roughshod over a school, and no school gets ultimate control over a child’s curriculum.

And in the end, everyone is right back where they started, trying to help the student.

Which is not to say that I didn’t wonder about the feasibility of brining a flask to the meeting today. I mean, if everyone plays nice, I’ll be happy to share.

Getting Started in Special Education: First Steps

August 1, 2011 in Ask the Special Ed Lawyer, Featured, Insider Insight, Latest Articles by dianaglick

This first published in May 2010. It was Diana Glick’s 2nd article for us and it’s a terrific reminder right now – before regular session school starts – to start educating ourselves about the basics. If you get a chance read all of Diana’s articles from the start. Especially helpful is the one about what your legal team will need from you; should you ever have the need for one..

On a personal note, about Diana. She contacted me from my personal blog Kidneys and Eyes after I’d posted something about my son’s IEP. It was just a little advice; something to keep him mind. I wrote her back, thanked her and promptly asked her if she’d be willing to contribute to the site and she agreed without hesitation. Why? Why would a busy attorney want to write for a site like ours? Pure desire to educate parents navigating the maze of special education.

Thank you Diana!

————–

By Diana Glick

If you have decided to seek special education services for your child, you have likely traveled a long and often difficult journey already. Your child may have a longstanding medical diagnosis, or you may have been concerned about her performance in school and tried other interventions before getting to this point.

The Individuals with Disabilities Education Act (IDEA) that I discussed in my introductory column has two major categories of services for disabled children: Part B and Part C. Part B will encompass the majority of our discussion of the legal perspective as it applies to school-age children; however, if you are the parent of a very young child with an already diagnosed disability, you should know that services are available to children aged 0-3 under Part C.

Early Intervention

Part C, also referred to as Early Intervention, is available to children with developmental and other disabilities from 0-36 months of age, and includes assessments and services. The services under Part C are provided in accordance with an Individualized Family Service Plan. Part C programs are available in all 50 states, but eligibility criteria vary significantly. If you are interested in seeking out programs for a child under three, the best place to start is at the website for the National Dissemination Center for Children with Disabilities. This website contains information about what is available under Part C and provides Early Intervention contact information for each state.

After Early Intervention

Part B of the IDEA encompasses special education services for children ages 3 through 21, which are administered by local school districts. If you suspect that your child needs special education services, the first step is to request an assessment. It is best to make this request of the school principal and to do so in writing. Each state has different timelines for assessment. For example, in California, once the school receives a request for assessment, they have 15 days to provide parents with a written assessment plan. This is not the case in Ohio, where the school has up to 30 days to respond to a request for assessment. Federal law provides that the District must obtain your written consent to proceed with testing, which is typically done with an “assessment plan.” Once you have signed and returned the assessment plan, the District has 60 calendar days to conduct the assessments and convene and IEP meeting to discuss their findings, unless state law provides a different timeline.

Getting a response

What should you do if you make a written request and get no response? As an attorney, I often hear stories of difficult communication with schools and school district personnel. The last thing you want to do is get off on a bad foot with people who are there to help your child. On the other hand, it is frustrating to be ignored. If you are not getting a response from your child’s teachers or the school principal, the next step is to contact the school district’s special education director. This person is sometimes housed in the Student Services or the Special Services department. It is also important to conduct communication in writing and to start a binder with your child’s special education documentation. A well-organized binder helps you track your child’s course through special education and safeguard important documents. If you are having difficulty getting a response from the District to requests for an assessment, I recommend keeping a copy of all of your communications and having a school secretary or administrative assistant initial and date your copy to confirm the date of receipt.

In my next column, I will discuss the various eligibility categories and what parents can do when there is a disagreement about eligibility among the members of the IEP team. In future columns, I will also discuss alternatives to an IEP, such as 504 plans.

We are also interested in hearing from you! Feel free to suggest topics for further discussion; just keep in mind that I cannot provide legal advice for your specific situation.

Disclaimer:
This column reflects the views of Diana B. Glick in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this column is to assist in dissemination of information about federal special education law, but no representation is made about the accuracy of the information. The information contained in this column is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting.
By using this column you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This column is not intended to be advertising and Diana B. Glick does not seek to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.

What’s happening around the community

March 4, 2011 in Around the Site, Featured by Admin Dawn

Remember tomorrow is our first ever In Real Life event but it won’t be our last! Our goal is to give you opportunities to build your support network on AND off-site. We are working on more events for laster this year so stay tuned!

March & April Book Club Book

We’re very proud to announce that we’ve chosen site member Suzanne Kamata‘s anthology Love You to Pieces: Creative Writers on Raising a Child with Special Needs.

The first collection of literary writing on raising a child with special needs, Love You to Pieces features caregivers’ perspectives at every stage in the lives of children with mental or physical difficulties, from premature birth to middle age. In this rich blend of short stories, essays, and poems, families cope with autism, deafness, muscular dystrophy, Down syndrome, other forms of retardation, and more, laying bare the moments of rage, disappointment, and guilt that can color their relationships. Parent-child communication can be a challenge at the best of times,b ut here we see the epic struggles and triumphs of those who speak their own language – or don’t speak at all – and those who love them dearly. Together, the authors paint a beautiful, wrenchingly honest portrait of what it means to care for a child who does not experience the world as we do.

We hope you will join us!

Welcome to our New Members

Aubrey L.: “I have a support group for others affected by premature birth (I was born three months premature) called www.precious-miracles.org as well as special needs (I work as a Care Aide within a school district). I want my website to be a place of support, encouraging words, a listening ear, a shoulder to lean on. Please visit my site to find out all the interesting offerings it has!”

Danielle: “I work in special education and am the proud mother of a child with special needs!”

Heather: “My daughter is 5 1/2 years old, and was diagnosed with CP around 10 months. It has been a long road and just intersted in meeting others with simillar life stories.”

Beth: “I am the very happy mom and 2 boys! Matthew is two and perfectly happy, healthy! Grant is going to be 1 in March and he is perfectly happy and for the most part healthy besides his CP he has! He is doing great and accomplishing so much! These boys bring so much joy to my life!”

Pat Boyle England: “Advocating for kids” and who blogs at septanorthbellmore.blogspot.com

Chaney who blogs at Here’s My Voice

Ann Rounseville: “I am currently a stay at home mom of an adorable 3.5 year old little boy who is diagnosed with PDD-NOS, Global Developmental Delay and Hypotonia. He is non-verbal but has the best belly laugh in the world! I am also expecting a baby in May. Life with our little guy has not been easy and I find meeting other parents of kids with special needs to be so very helpful and important!”

Jaymi Griesmeyer: “I am the mother of three amazing children. My oldest is 7, he is gifted and has generalized anxiety disorder. My second son is 6 and was born with a congenital heart defect and had open heart surgery when he was 5 days old. My youngest is a 3 year old girl who has epilepsy and developmental delays.”

Ginger Adams

Tisha Libbey: “i have a 5 yr old daughter with CP. she is legally blind, has a VP shunt and a G tube for all meals”

Kristy Allen: “Mom of son with developmental delay.”

Jenny: “I have mild Autism. I may even be Aspergers but I dunno. I have a little brother with sever Autism. I’m also a Christian. I’m a greatful believer and follower of Jesus Christ.” Jenny blogs at The World of Mismatched Socks

Deanne Webber: “I am the mom of 2 incredible children”

Have you added your blog yet?

There are lots of ways to help us discover your blog or website:

• You can add your blog feed to our site. Every time you update, we will pull in an excerpt and post it to our Blogging Our Lives Group. It will also show up in our activity feed that updates here and on our front page.

• You can add your blog address to your signature file on your profile.

• Next time you write a great blog post let us all know about it by sharing it as Community News. It will update to the Community News page and go out on our Twitter stream.

 

Welcome to this week’s New Members!

January 21, 2011 in Around the Site, Featured by Admin Dawn

Wow, we are growing quickly! Welcome to all our new members!

Jean Kes: “I am a stay at home mom. I have my own home-based business in the coffee business. Everyone usually drinks coffee, latte, mocha, hot chocolate or green tea and this is healthy. I have 1 son who is 10 and has L1 Syndrome (genetic hydrocephalus) CP, non-verbal (for the most part) has a communication device, in a wheel chair. I am big advocate for special needs. Believe in alot of alternative therapies. My son get’s weekly massage to help with different issues we have done Hyperbaric Oxygen Therapy, Vision Therapy, Music Therapy. He does Conductive Ed in the summer a very good program to help with gross motors skills and all. We have done Ionic Foot Bath, and others. I like to think outside the box. We also like to do alot of natural alternatives with out the side effects to stay healthy. I go to Closingthegap.com which is a assistive technology conference plus others. I enjoy being home making $ so I can be there to help my son with what ever he needs.”

Lydia Roman

Brandi Fought: “I am the mommy to two wonderfully special children. Matthew is almost two with many diagnosis. Autumn is one and a half. She was born much too early and is paraplegic. We live our lives one day at a time, celebrating each and every victory!”

Emma Sterland: “I manage a website for parents, carers and professionals connected with learning disability. http://www.Netbuddy.org.uk is a free online resource with hundreds of practical tips and ideas on supporting someone with special needs.”

Stephanie: “I’m a stay at home mom to 2 kids. My youngest, Jack, is 17 months old and has special needs. Jack was born with congenital bilateral cataracts. He had cataract removal surgery and now wears glasses or contact lenses. He is legally blind, has microcephaly and major developmental delays. Jack is extremely small for his age and has been labeled with faiilure to thrive. He has been tested for chromosome abnormalities, infectious diseases, and metabolic disorders. Tests have come back normal, so we are still on the hunt for a diagnosis. In the meantime, Jack does OT and visual stimulation therapy.”

Kathleen Rainwater: ”

Single mother of three special needs children, two biological, “typical” children (now adults!), and one stray foster daughter. I chose this gig. My special kids were adopted. My three special kids are still at home: ages ten, eleven, and nineteen. It’s just now occurring to me that probably two of them will be with me for life. Some days, I’m very okay with that; some days not so much. It’s a rough road for us all, but I want it to be a terrific adventure. Kameron, the eleven year old, was a 25 week preemie with a grade IV bleed, crack-exposed; vented and trached for the first 3 years; now diagnosed with AVMs. He is very smart, funny, and can be annoying as heck – especially to his sister, Klaryssia. He also has CP and is DD and is considered a spastic quadriplegic. Klaryssia is the 19 year old; she has DD and mental health issues, but is pretty high-functioning, maybe around eight years old cognitively… Kobi is ten and only has some learning delays. He was also premature, but his main issues stem from failure to thrive and drug-exposure in utero. I don’t have much compassion left for their bio-moms. But, I love the children they made.”

Christine Patch: “Mom to 3 boys. Twins – William & Kevin born at 27 weeks in 1999 and Tyler was born full-term in 2005. The twins both had a Stage III brain bleed, only 1 requiring a VP shunt. They are developmentally delayed and have tested on a 2 – 5 year old level and classified as MR.”

Amy Fisher: “SAHM to son with hypotonia, delayed myelination, apraxia of speech & epilepsy. No dx – though have literally had every genetic test in the book – all neg./normal.”

Jennifer Kneice: “I have 4 children. 3 have some special needs right now. I love them all.”

In Real Life Connect Event in Atlanta

Meet Julia in person and get inspired by speakers Sue Boardman, MDiv, PhD and special education teacher Whitney Blackmore at our first (but not our last!) In Real Life Connect event! Our goal has always been to help you build relationships online and off so expect more meet up opportunities around the country this year! We would love to see you in Atlanta this spring! Get more information and register here. (This first ten registrants will get a copy of A Boy and a Turtle, Lori Lite’s relaxation book for kids!)

Children love to visualize or imagine filling their bodies with the colors of the rainbow. This effective stress-management technique also known as guided imagery is widely accepted and used by both traditional and holistic communities. This gentle but powerful technique stimulates the imagination. Visualization can have a positive impact on your health, creativity and performance. It can lower stress and anxiety levels. It can be used to decrease pain and anger.The colorful imagery in this story quiets the mind and relaxes the body so your child can manage stress and fall asleep peacefully. Relax with colors!

Remember our Thursday chat!

Each Thursday we have a live chat from 8pm EST. Our chat moderator, community member Michelle Howard signs off at 9pm but you are welcome to hang out as long as you like. Our chat is available to any community member at any time so feel free to set up your own chat time, too.

Avatar Issues

Our software has some crazy bug and we’re waiting for an update that will fix it. Meanwhile if you’re having trouble getting your avatar up there as the right size, you can email your image to Dawn and she’ll crop it and email it back to you so it’ll upload correctly.

Welcome to this week’s new members!

January 14, 2011 in Around the Site, Featured by Admin Dawn

Welcome to:

Kathy Costigan: MOM of 3 kid. ages 20/11/10 1 with PDD. I like my life + I know this is a year that will be life changing, in a Good Way.

Elizabeth: Wife and mum of two. My son is 16 and typically developing; my daughter is 13 and has Phelan-McDermid Syndrome, ASD, ataxic-quad CP, kidney disease, seizures, GDD and a host of other diagnoses. I work outside the home PT at a Christian bookstore and am going to schoo full-time to get credentialled as a Special Education Teacher for moderate to severe special needs.

Kerry Murphy: I am the mother of a beautiful, charming and funny little boy with a form of muscular dystrophy. Most days are good, some days are great, and other days are plain horrible. I thought I’d do some writing and share my experiences; the good, the funny, the not so good and the downright ugly. All of us deal with challenging situations in different ways, and I believe that no way is better or worse than another. These observations, stories and hints are I hope helpful, sometimes funny, maybe sad but always honest. You may not have a child with a disability; but my guess is you know and or love someone who does. This blog is for all of us.

Heather Price: First and foremost, I’m a mom of AWESOME four year old twins, both with various special needs. Chananiah has classic autism. His issues are social and communicative. Reena has hypotonia, a speech delay, and probably dyspraxia and ADHD. Her issues are physical and auditory. She’s about two years behind with gross motor skills and wears cute little foot braces. While they’re in preschool or sleeping, I run two businesses (frankly, the stress of making a full time income in part time hours while having two special needs kids is starting to get to me a bit, hence, needing the support of this group!) ARE YOU LOOKING FOR PART OR FULL TIME WORK AT HOME? I am currently interviewing for positions with both companies. Call me at 216-870-3142 to inquire. (I shortened Heather’s bio because it was so long but if you want more info about her, her kids and her businesses, please click through the link!)

Sandi Jardine: I am a 51 yr old mom of 3 kids – my 2 sons are special needs (Aspergers and ADHD) and my husband has Aspergers as well. My adult daughter is NT.

Kelly: http://adventureswithtwoboys.blogspot.com/

Tiffany: Hello! I’m Tiffany. I’m 24, Christian and a SAHM to two boys- ages 4 & 2! I am married and we live in OK! My youngest son, was born with Spina Bifida: Myelomeningocele so I am continuously trying to spread awareness about this disability. My boys are my whole world! I’m into digital scrapbooking, photography & editing. And, I love to read, whenever I find the time to sit down to concentrate!

Kirstine: http://www.anderledesbarn.dk

Carrie M: I’m a SAHM to Maggie (11/08) and Molly (06/10 born with Down Syndrome).

Please head over and introduce yourselves!

Wading Through the Alphabet Soup: An Introduction to Federal Special Education Law

December 11, 2010 in Ask the Special Ed Lawyer by dianaglick

One of the first things I explain to clients during an initial intake appointment is the basic federal standard for educating students with disabilities. This is frequently referred to as the “alphabet soup” of special education: the IDEA mandates that schools provide FAPE in the LRE according to the child’s IEP. Keeping in mind that talking in acronyms is just job security for attorneys, let’s break it down:

IDEA = Individuals with Disabilities Education Act

This is the federal law ensuring that special education services are provided to children with one or more qualifying disabilities, whose disability interferes with their ability to receive an education. The IDEA originated in 1975 under President Ford and has been reauthorized and changed several times, most recently in 2004. While the IDEA is federal law and applies to all public school children in the country, each state also has its own education laws that may be slightly different than the federal requirements; states may provide more protections than those available under federal law, but may not provide fewer or less than the federal standard.

FAPE = Free Appropriate Public Education

The IDEA defines a free appropriate public education as special education and related services that are provided at no cost to parents and are in accordance with the child’s Individualized Education Plan (IEP), among other requirements. 20 U.S.C. 1401(9) (2009). The majority of legal disputes are about the meaning of “appropriate” for a child’s particular circumstances. In 1982, the Supreme Court issued a decision in Board of Education v. Rowley, which provides a working definition of FAPE as “a basic floor of opportunity” providing “some educational benefit.” Bd. of Education v. Rowley, 458 U.S. 176, 200 (1982).

What does “a basic floor of opportunity” mean in real terms? Because children who are eligible for special education have such a wide range of disabilities and needs, it cannot be defined as a specific set of services. However, most children who have passing grades or are making progress towards their IEP goals will be found to have received a basic floor of opportunity.

LRE = Least Restrictive Environment

This is one of the major improvements that the IDEA has made for students with disabilities. No longer does the law allow disabled children to be warehoused or educated exclusively in a special education setting, as long as their IEPs indicate some mainstream time during the school day. The LRE requirement has led to better outcomes, both academically and socially, for disabled students. It can also be a double-edged sword in some instances when parents are seeking a more restrictive environment for their child.

IEP = Individualized Education Plan

All students who are eligible for special education are to receive services in accordance with an IEP, which must be developed to meet the child’s individual needs. Those of you who already have some experience with special education have probably spent many hours at IEP meetings and have a sense of what they entail. We will talk more about IEPs in future columns.

I am excited to be included in this new community of families supporting children with special needs and look forward to sharing more of the legal perspective with you all. In future columns, I will address such topics as the difference between IEPs and 504 plans, discipline issues, assessments, the fair hearing process, private placements and knowing when to seek out legal help, among others.

We are also interested in hearing from you! Feel free to suggest topics for further discussion; just keep in mind that I cannot provide legal advice for your specific situation.

Author Diana B. Glick

Disclaimer:

This column reflects the views of Diana B. Glick in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this column is to assist in dissemination of information about federal special education law, but no representation is made about the accuracy of the information. The information contained in this column is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting.

By using this column you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This column is not intended to be advertising and Diana B. Glick does not seek to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.

The puzzle of learning disabilities

December 10, 2010 in Insider Insight by Admin Dawn

by Jill Lauren

To be learning disabled – meaning that a person is of average to above average intelligence with a processing deficit that makes learning challenging – is tremendously puzzling. How can one be smart, yet have trouble learning in school? This conundrum has perplexed many, including myself when I began to study various aspects of learning. In fact, I sat in a class about learning disabilities at Northwestern University for almost an entire semester without truly understanding the syndrome until a classmate explained it to me. I remember that moment clearly because I found the paradoxical nature of learning disabilities fascinating and decided to pursue a career as a special education teacher.

Kids want answers, too

When I started teaching, it was no surprise to me when my learning disabled students explained that they were completely confused by why they needed extra academic support; after all, their parents and teachers were often telling them how smart they were. Soon I realized that not only did I need to teach specific skills, but I also needed to educate my students as to what a learning disability actually was. Typically, I found that my students started questioning their academic capabilities around third grade. Prior to that time, coming to the resource room and getting stickers was reason enough to be there! By third grade, kids are more aware of who they are, in relation to their peers, and want answers.

One afternoon, I took a student named Margaret out for ice cream because though she was typically a happy child, she was becoming increasingly concerned and saddened about her academic challenges. When I asked her, “Why do you think school is hard?” she responded, “Because my parents said I have a learning disability.” I was completely surprised that she knew this term. Then I asked, “What’s a learning disability?” Her answer, “I don’t know, my parents didn’t tell me that,” helped me to fully recognize my responsibility to find a way to make the mystery of LD understandable to a third grader. I reached for the one aspect I felt could make the concept real: role models. Back in the 1980s, Tom Cruise, Cher and Bruce Jenner topped the list of success stories of people with learning disabilities. As I explained what I knew of each person, Margaret’s eyes lit up. There were other people out there like her – and they were not only successful, but also famous. My explanation completely legitimized her experience and gave her a sense of hope. She also felt proud to be just like Tom, Cher and Bruce such that she suggested to me, “There should be a book for kids like me about people with learning disabilities.” I promised Margaret I’d find that book. When I couldn’t find it, I decided to write it.

Sharing our stories is a gift to our kids

My first book, Succeeding with LD, was written in 1997, and it was dedicated to Margaret. It contained twenty-two profiles of regular folks, children and adults, with learning disabilities. I was uncomfortable profiling famous people, as I was concerned that most kids would not believe that they could really be like them. Years later, Rick Lavoie confirmed that suspicion when he shared an anecdote about a teenager who told him, “I have pimples and a big nose. What do I have in common with Tom Cruise?” Of course, when public figures share their learning challenges, it is a gift to kids. For the purposes of a book, however, I wanted students to be able to hold a book in their hands that contained at least one person with whom they could truly relate. Succeeding with LD was recently reprinted in a third edition that contains updated profiles of twenty-one of the original stories.

Last year, my publisher asked me to write a new book for younger children with learning disabilities that also profiled success stories. That’s Like Me! contains fifteen new profiles and includes a foreword by Caldecott winner Jerry Pinkney, who is also dyslexic. It is a full-colored picture book and was honored by the New York Branch of the International Dyslexia Association with the Margot Marek Award for the “most outstanding book written for adults or children with dyslexia or related learning disabilities.” I shared this award with the thirty-seven people who so courageously told their stories in both of my books in order to comfort and inspire others. I am completely honored and humbled to have been given the opportunity to bring such honest and heart-warming stories to people with learning disabilities. Many of the people in the books have become dear friends. They join me on panels to discuss various ways that people with LD can pursue their own dreams, like they did.

And where is Margaret these days? After being told by an advisor that she should not go to college, but should instead pursue a career in retail, she obtained a Masters in Social Work from Columbia University after years of grueling study. Margaret also joins me on panels, as she is now a role model herself. We often reflect on the conversation we had when Margaret was in third grade, the impact of which led to the creation of two books and have comforted so many people with learning disabilities.

Jill Lauren has a B.S. and M.A. in Learning Disabilities from Northwestern University. She has been teaching LD students of all ages for over twenty-five years. Known as an expert in the area of reading and writing, Jill has trained teachers around the country to utilize a variety of structured, multi-sensory approaches to the instruction of reading and written language. Jill has also worked with various schools to implement successful reading programs.

Assessments In the Driver’s Seat

November 3, 2010 in Ask the Special Ed Lawyer, Insider Insight by dianaglick

The most important thing to remember about assessments is that they not only determine eligibility — they also drive placement and services.

A good and appropriate initial assessment can be used by the IEP team to determine whether a child is eligible for special education. My prior articles have described the requirements for eligibility, in short: a qualifying disability and a showing that the disability interferes with a student’s ability to access his or her education. However, that initial assessment will also set the stage for the placement and services offered by the district. While the eligibility category (such as autism, specific learning disability, or a speech/language impairment) will signal the main interventions to be provided, an IEP should include services necessary to address all of your child’s areas of need.

For example, if a child is eligible for special education as a student with Other Health Impairment because of a diagnosis of ADHD, he should receive services designed specifically to address the challenges arising from attention deficit. However, it is possible that in the scope of the assessment, the evaluator also identifies some problems with social/emotional functioning, such as withdrawal, anxiety or depression. These issues should be addressed as well, usually by an initial offer of school-based counseling, or a social skills groups for students.

When Assessments Steer You Wrong

Clearly, when an assessment is used to conclude that a child is not eligible for special education or not eligible under a certain category that you may be seeking, this can be a frustrating setback in your advocacy efforts. However, the worst assessments are the ones that provide absolutely no useful information about a child. Even if you disagree with a particular recommendation or conclusion that the district may have drawn from an assessment, the data itself can still be very helpful in understanding your child’s educational strengths and deficits.

Some of the more common issues that that arise with assessments are when the district fails to use an appropriate testing instrument, fails to properly score a test, or fails to administer or conduct any testing in an area that is a known issue with the child. To expand upon the example above with the child who suffers from ADHD, if that child’s teachers have noted troubling behaviors in the classroom that they believe could be emotionally-based, or if his parents are raising concerns about his mental health status, this would be considered an additional area of suspected disability. When his triennial re-evaluation rolls around, the district should absolutely include some kind of assessment to address these concerns.

Federal law sets forth several requirements for evaluations, including that they be conducted at least every three years, but not more than once per year unless agreed upon by the IEP team. A full assessment should include a variety of testing instruments and tools, so as not to rely on a single measurement of a child’s ability. In addition, standardized tests should be administered in accordance with the publisher’s instructions by knowledgeable and qualified personnel, should be given in the language of the student and should not be racially or culturally discriminatory. One key requirement is that the child must be assessed in all areas of suspected disability.

Getting Back on Track

A major part of my practice involves helping parents navigate a situation in which their child has not been appropriately assessed. The law allows parents to obtain an independent educational evaluation (IEE) at public expense when they disagree with a district assessment. A key point to note: there generally must be an assessment with which to disagree. While there are exceptions to every rule, if the district simply fails to assess and you take them to court, they will likely be given an opportunity to conduct an evaluation before having to pay for a private one.

If you request an independent educational evaluation, federal regulations provide the district with two choices: they can either agree to your request or they can file for due process to establish that their assessment was appropriate. In most cases, the district will determine that it is more cost-effective to pay for an independent assessment than to incur the expense of a due process hearing against the parents. However, it is important to know that the district may file for due process in response to a request for an IEE.

Many times, a district will deny the parents the requested IEE, but fail to bring due process. In this situation, parents often seek out a private assessment themselves and then request that the district reimburse them. They may have to file for due process against the district in order to obtain this reimbursement.

If the district agrees to fund an IEE, parents should be given the opportunity to negotiate with them regarding the independent professional who will conduct the evaluation. It is important to go with an assessor who is truly independent of both the parents and the district so that all sides feel they are getting an objective opinion. Ask other parents in your community for references in order to identify the good assessors in your area.

Once an independent assessment has been conducted, the district should convene an IEP meeting to consider the results of that assessment. If the independent assessor draws different conclusions than the district, this may strengthen the parents’ argument for a particular category of eligibility, a particular placement or additional or different services. Parents may use the independent assessment in a due process hearing against the district to establish that the district’s assessment was inappropriate or that the child has been denied services because of the district’s failure to identify his or her needs.

While trying to obtain an appropriate assessment of your child can be a frustrating experience, the law has built in a mechanism for a second opinion, which in most cases I recommend pursuing. Having more information about the student’s strengths and deficits leads to better team decision-making, better educational planning and better outcomes for the child.

Disability may lead to emotional problems

November 2, 2010 in Special Needs News by Admin Dawn

Huron Valley Schools has approximately 500 students — and there’s about 82,000 students in Michigan — with learning disabilities. This does not include students diagnosed with speech and language disorders, cognitive disorders, or ADHD disorders who get placed in a category called physical or otherwise impaired.

This is according to the Michigan Department of Education’s web site, Census for 2009.

By definition, the term “Specific Learning Disability” refers to a student who’s achievement in one or more of the basic learning areas of reading, writing or arithmetic is substantially below that which is expected, given the child’s chronological age, intellectual level and grade placement. This also assumes that the learning disability is not due to other reasons such as might be the case in the other categories for special education noted above.

via Disability may lead to emotional problem | hometownlife.com | the Observer & Eccentric Newspapers and Hometown Weeklies.

Major change to special education in Hampton

November 1, 2010 in Special Needs News by Admin Dawn

When Hampton teachers returned to school after summer break, they were caught unprepared with a major change — most would now be collaborating with a special education teacher, and up to half of their students would have disabilities.

Parents were called in for last-minute meetings and asked to sign off on paperwork moving their children from special education classrooms to general classrooms in the fall. The change happened in middle and high schools.

The district’s new special education director, Elisabeth Powers, dissolved 37 percent of self-contained special education classrooms, going from 175 to 110 over the summer.

via New director brings major change to special education in Hampton – dailypress.com.

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