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House Leaders Draft Proposed Changes for Reauthoritization of No Child Left
2007-08-29 18:37:00
The leadership of the House of Representatives has issued a memorandum outlining changes to be incorporated in the No Child Left Behind tentatively agreed to by the leaders of both parties. Please note that his document is only a draft. You can review the memorandum at http://edlabor.house.gov/bills/MillerMcKe onNCLBDiscussionDraft Summary.pdfAmong the many highlights are the following: permitting states to use growth models in calculating Adequate Yearly Progress; adoption of a maximum "n" size; funding to develop alternate assessments; permitting special education students who exit to continue to be counted in that subgroup for up to three years; maintaining the one percent cap (students with the most severe cognitive disabilities taking the alternate assessment) and two percent cap (students with disabilities taking modified assessments based on modified standards), but allowing certain districts with a high number of students with disabilities to obtain a wavier permitting up to...
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Ontario Canada: Comparative Special Education Law
2007-08-27 17:03:00
I have a couple of friends who work for the Ontario Ministry of Education . Canada has no national special education law; each province may adopt their own regulations.Because of my background, I was most interested in dispute resolution mechanisms. In Ontario there is a special education Appeals Board, but school districts are not obliged to implement their decisions. Instead, most special education disputes are contested in the Ontario Human Rights Commission. A denial of FAPE essentially constitutes unlawful discrimination on the basis of handicap under the law there. There is also a major lawsuit pending involving preschool children with autism alleging handicap and age discrimination as well as violations of the Charter of Rights and Freedoms. For more information, see www.edu.gov.on.ca and www.ohrc.caThis system is very different than our due process hearing (with embedded resolution session) system that we have adopted in the United States. I think that it is beneficial...
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New Stuff
2007-08-27 16:54:00
I admit that I am new to blogging and that I am only gradually becoming hi-tech. (Oddly people who still say high-tech are predominantly low-tech!) Nonetheless, I have included some new bells and whistles on the blog. Please note that on the left side, there are now a number of buttons where you can vote that you like this blog. Those buttons can also lead you to other interesting blogs. Also, you can search this blog if you want to quickly find one of the archived posts or comments. If you would like to receive our posts by email or by rss feed, you can also subscribe using the links on the bottom of the left-hand column of the blog. Maybe next we will try music and videos- the challenge will be finding music or video relating to special education law!
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Beware the Resolution Session- Part I
2007-08-21 20:31:00
A brand new mandatory resolution session is added to the due process hearing process by IDEA’04. Section 615 (f)(1)(B). Within 15 days of receipt of a parent request for a due process hearing, the LEA must convene a meeting with the parents, a representative of the LEA with “decision making authority,” and relevant member(s) of the IEP team who have “specific knowledge of the facts identified in the complaint.” The LEA may not bring their lawyer unless the parent has a lawyer. The parties may avoid the resolution session only by waiving the meeting in writing or by participating in mediation. Section 615(f)(1)(B)(ii). ). If the parent/student’s lawyer does attend the resolution meeting, he will not be awarded attorney’s fees for his attendance if the parent is the prevailing party. Section 615(i)(3)(D)(iii). If the LEA has not resolved the complaint to the satisfaction of the parents within 30 days after receipt of the complaint, the hearing may occur and “all...
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Thanks Utah!
2007-08-21 20:20:00
I recently had the pleasure of getting to spend a chunk of time in beautiful Ogden and Salt Lake City, Utah . I presented at the annual Utah Special Education Law Institute, and I conducted a training for hearing officers, mediators and facilitators for the state Office of Education. I also did some work on a pending due process in Utah in which I am serving as the hearing officer. I want to thank the folks from the USOE who took such good care of me. The conference was very high quality and enjoyable. The training went well. Thanks to all.By the way, the bloggers choice award voting is going very well. Last time I checked, this blog was No. 10 for best educational blog and No. 11 for best business blog. Please give us your vote today by registering at http://www.bloggerschoiceawards.com/ and then following up their email with your vote.
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The "M" word Resurfaces
2007-08-13 22:43:00
IDEA’04 imposes a new requirement that the special education and related services and supplementary aids and services to be provided to the child under an IEP must be based on “peer-reviewed research to the extent practicable.” Section 614 (d)(1)(A)(i)(IV). This change raises a number of questions and potential problems. The new phrase is not defined anywhere in the law. The phrase “peer-reviewed research” may have one meaning in academic communities, but lawyers will argue over what it means in the context of special education. In its analysis of comments to the new federal regulations, OSEP declined to define the phrase “peer-reviewed research.” 71 Fed. Reg. No. 156, at page 46664 (8/14/06). The phrase “to the extent practicable” is an odd choice for statutory language; it is rare for the Congress to impose a requirement, but qualify the requirement with what may be a built in excuse for noncompliance. OSEP also declined to define the phrase “to the exten...
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Bullying- New Hot Button Issue
2007-07-25 04:52:00
Bullying is the hottest of hot button issues in special education law.Generally the claim of the parent is that the student cannot receive the benefit of his IEP if he is being bullied. Bullying is a growing problem that is starting in earlier grades and lasting longer. (San Diego Tribune, 7/9/07). Courts and hearing officers are beginning to hold that disability-based harassment may result in a denial of FAPE. In Shore Regional High Sch Bd. of Educ v. P.S. 41 IDELR 234, 381 F.3d 194, (3d Cir. 8/30/04), the Third Circuit held that the school district’s failure to stop bullying may constitute a denial of FAPE. Bullies constantly called the student names, threw rocks and hit him with a padlock. Despite repeated complaints, the bullying continued and the student eventually attempted suicide. See also, Preschooler II v. Clark County Sch Bd of Trustees 47 IDELR 151, 479 F.3d 1175 (9th Cir. 3/21/7); Stringer v. St. James R-1 Sch. Dist. 45 IDELR 179, 466 F.3d 799 (8th Cir. 5/3/6); Scrugg...
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We've Won a Blog of the Day Award!
2007-07-18 16:54:00
We are pleased to announce that we have won a Blog of the Day Award for July 15, 2007. We understand that it was a Serendipity Sunday Award. We are now proudly displaying the Blog of the Day brag badge. Thanks for the award. Here is the Blog of the Day link http://blogofthedayawards.blogspot.com/Pl ease remember that we are still in the running for best education blog and best business blog for the blogger's choice awards. We are getting votes for these awards. If you'd like to vote, you need to register at this site http://www.bloggerschoiceawards.com/Thank s for your support. Also remember that you can vote on the new poll feature on the bottom left portion of this blog. Lotsa voting going on.

NEW Internet Poll: Is the due process system fair?
2007-07-17 21:41:00
We now have the capability to add an occasional poll to this blog.The first poll is about the state due process systems. Do you think that the hearing system is fair? Please register your opinion on the poll found near the bottom left-hand side of this blog.We are not pretending that this is a "scientific poll," but we suspect that the results will be interested. Let us know how you like this new feature.
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JoLeta Reynolds Award
2007-07-13 18:44:00
JoLeta Reynolds is one of the best people on the planet. Many folks who work in special education know her well. She is a senior policy advisor for OSEP. She was instrumental in the re authorizations of IDEA, wrote the federal regulations after the 1977 reauthorization of IDEA and she was key in the writing of the new regs. She helps everybody who has a question. Many times she has helped me personally understand the nuances of the regs; she is very patient and supportive of me. She has persevered through obstacles that would stop many of us in our tracks. She is great!A couple years ago, LRP, the company that publishes special ed decisions, started the JoLeta Reynolds award. If you know somebody who works for state, federal or local education agencies who has had an awesome impact upon the lives of children with disabilities, consider nominating them for the award. Here is a link: http://www.lrpinstitute.com/joleta.htmlBe ing nominated for this prestigious award is a gr...
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We're Nominated for Blog Awards
2007-07-07 19:16:00
I am honored to report that this blog has been nominated for a blogger's choice award in the categories of best education blog and best business blog. If you want to cast us a vote, or if you like lotsa blogs, look at this website:http://www.bloggerschoiceawards.c om/Thanks and keep on bloggin'.
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Interviews
2007-06-30 21:48:00
I enjoy being interviewed on special education law topics. Some of my friends have asked for links to a few of these interviews.The following relate to the Winkleman decision by the Supreme Court:http://www.edweek.org/ew/articles/2 007/06/06/39scotus.h26.html?tmp=173216160 8http://www.specialedconnection.com/LrpSe cStoryTool/index2.jsp?contentId=3771762&a mp;query=(({GERL}))&chunknum=1&topic= Main&listnum=0&offset=6Supreme Court watchers will be watching the direction that the Roberts Court will take in special education cases. They are definitely interested in the topic.
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