Special Education » Learning Disability http://www.dxsbcs.org Tue, 30 Mar 2010 21:55:54 +0000 http://wordpress.org/?v=2.8.6 en hourly 1 Parenting Tips – 5 Skills That NCLB State Are Critical to Early Reading Success http://www.dxsbcs.org/parenting-tips-5-skills-that-nclb-state-are-critical-to-early-reading-success.html http://www.dxsbcs.org/parenting-tips-5-skills-that-nclb-state-are-critical-to-early-reading-success.html#comments Fri, 19 Mar 2010 09:06:37 +0000 admin http://dxsbcs.org/parenting-tips-5-skills-that-nclb-state-are-critical-to-early-reading-success.html

Are you the parent of a young child, who is receiving special education services, that is concerned about whether your child has the needed skills, to learn how to read? Are you a parent of an older child with autism or a learning disability, that is concerned about your child’s reading success. This article will discuss 5 skills that No Child Left Behind (NCLB) states, are identified by research as critical to early reading success. These skills were found in the No Child Left Behind parent Guide.

Skill 1: Phonemic Awareness: Is the ability to hear and identify sounds in spoken words.

Skill 2: Phonics: Is the relationship between the letters of written language and the sounds of spoken language.

Skill 3: Fluency: Is the capacity to read text accurately and quickly.

Skill 4: Vocabulary: Is the words students must know to communicate effectively.

Skill 5: Comprehension: Is the ability to understand and gain meaning from what has been read.

You should make sure, that any reading program that is used for your child with a disability, to teach them how to read, contain these 5 skills. No Child Left Behind requires that any educational program used should be scientifically research based. What this means is that the education program (reading program), must have research to show that the program is effective to teach children to read.

In 2000 the Report of the National Reading Program identified these 5 skills as critical to children learning to read early. In April 2000 these research findings were reported in the National Reading Panel, they have now been written into the NCLB law. Reading first is the program that was started under No Child Left Behind, to help school districts to improve reading achievement.

By making sure that your child’s reading program contains these five skills, you will be increasing your child’s chances of learning to read. You must be involved with your child’s education to ensure that the child continues to make academic progress, and learns to read. Reading gives children a chance at a fulfilled life!

By: JoAnn Collins

]]> http://www.dxsbcs.org/parenting-tips-5-skills-that-nclb-state-are-critical-to-early-reading-success.html/feed 0 Analyzing Lack Of Educational Motivation In Students http://www.dxsbcs.org/analyzing-lack-of-educational-motivation-in-students.html http://www.dxsbcs.org/analyzing-lack-of-educational-motivation-in-students.html#comments Sat, 06 Feb 2010 18:12:13 +0000 admin http://dxsbcs.org/analyzing-lack-of-educational-motivation-in-students.html

Education is the key towards success for every country.It helps to
boost the economy and to generate democratic society. The
main resource of any country is Human Resource. If we’ll prepare
educated human in our society in advance by providing proper education
facilities to our younger generation, then we could move towards the
path of success.

If we look towards our Education system, there are many unveiled reasons
behind the de-motivation and poor academic performance of
students. Despite a great deal of effort since from the day of
independence, academic achievement among students in Pakistan continues
to lag behind. No doubt we are moving towards the successful future, but our education system some how, is hampering the progress of our country.

The results, which we see in matriculation, intermediate and graduation
are not up to mark.

The interest in students to achieve quality education is de-motivated
in the recent years.The only thing student require, is
Certificate/Degree with passing marks.

In the attempt to improve school results, the teacher educators and
education counselor are trying their level best to find the roots of
poor academic achievement of school students.Educational Psychologist
has also developed many tests, to judge and improve the skills of
students, but the real cause has not been founded till date, that what
makes the student frustrated to back out of education so easily?
Might be it’s the fault of Ministry of Education to develop lack of
integrated curriculum and wrong dimensional policies or it might be the
fault of a teacher, whose teaching style is not appropriate to the age
level students they teach, or its the problem of Learning Disability in
a child.

Some point the finger at the outrageous homework loads students given
by the teachers. Students are overburdened with academic demands of
questionable value and, as a result, end up indifferent to studies,
exhausted, and worn out.In addition,the heavy loads of books are not
worthwhile, until and unless the students are ready to go through it.
Our Curriculum Ministry is trying to develop curriculum according to
their own judgement, without keeping in view the taste and level of a
student.

The reason for the poor academic achievement could be any out of these.
But the question is, Why the students academic records are more
successful in European and American Countries?

The answer is that, they are keen to learn and explore things. No over
load of work is given to them nor books load and examination pressure
is exerted on them.The books are well integrated too.
The new writers, who want to write curriculum books according to the
requirement of students are never encouraged in our country.

Teachers, even sometimes avoid researching, and teaches whatever is
given in the textbook.

The main contributing factors that lead to low learning proficiency of
students according to my experience as a teacher are as follows

1. Incomprehension of the Studying Purpose


The main reason why so many students don’t feel interested in what they
are doing at school, is the incomprehension of their studying routine.
A vast majority of private and government teachers are not even
bothered to explain to their students what the learning outcomes are,
why they need to achieve them and how they will be assessed.Mostly

Teachers take out their text books and start making a wrong impression
of rote learning on students, and then evaluate their students without
seeing the capabilities of a child.Students are not encouraged to write
their own answers. Despite of it, teacher wants their student to copy
the same answer in the examination, which they have taught or were made
to write.

Thus, the writing and analytical thinking skill gets hamper, for which
we can’t blame a student.

Student just accomplish their tasks by command, which needs to be
bluntly carried out.Students prepare projects, submit reports etc just
to get extra marks, without knowing the purpose of their study.

2. Wrong Assessment Process


Assessment means to evaluate children capabilities, not to judge them.
Assessment in Pakistan is often wrongly intended by teachers as a
punishment for students, or traps to catch them out. Grades seem to
exist in order to show students’ errors, mistakes and drawbacks in the
study area, rather than to give students reasonable chance of
demonstrating their achievements of specific learning goals. Same five
years questions, wrong curriculum development by the ministry of
education, changing of the course at the last moment of the end of the
year are going on in secondary and higher classes. Assessment should
not be based on counting the pages, which a student fills. Rather than
this, evaluating system should be changed.Invigilators should be well
educated to judge the learning tasks and own input, else the wrong
assessment process, which is going on since a long time would create a
fearful attitude in students towards assessment.

Students are learning not for acquiring knowledge but for getting a
“pass.” Students, who works hard gets low marks, because the teacher
checks the paper according to their knowledge and often forgets student
effort of contributing towards answering question.

3. Lack of integrated Curriculum


Ministry of Education is making such a curriculum, which is not up to
mark and is not well integrated with full resources. Mistakes in the
books and wrong statements makes student furious.
Activities are always missing in our curriculum books. The quality and
the presentation of book makes jack a dull boy.

Our curriculum is made by professionals, but the question is, Why the
curriculum is not made yet, according to the needs and requirement of
the students? We are just trying to change our curriculum all the time
on the basis of the prevailing fear of any other examination
systems,coming ahead in the competition. If we are capable, why don’t
we move ahead rather than taking wrong decisions at the end moment.

4. Teachers Fault


With classes consisting of more than 15-20 children, many students feel
deprived of the due attention on their teacher’s part.Teachers are the
leader and a role model for every student. Every student want to be
unique and want their place in teachers heart. They are placed among
the great lot of students without their personal interests, and
problems with studying being taken into account. As a result, students
don’t feel cared about, lose their identity, become indifferent to
studies and lose faith in the brighter future.

Teacher should treat their student equally and give proper attention to
every student of his/her class.

5. Wrong attitude of parents


Many parents are “performance oriented,” which emphasises results such
as students’ grades, rather than knowing whether their child have
mastered the material or not.They just want their child to be on the
top of the list and thats all.

Children gets frustrated, when parent keeps a lot of expectations from

our child, which de-motivates them most of the time.

There are many parents,who tells their child in advance that they have
to join their fathers or forefathers business after passing school,
which also makes student less motivated to perform well in examination
and thus, poor performance is seen in the results, just because of the
wrong impression embossed by parents on their children.

By: Munir Moosa

]]> http://www.dxsbcs.org/analyzing-lack-of-educational-motivation-in-students.html/feed 0 How Do I Know If My Child Has A Learning Disability? http://www.dxsbcs.org/how-do-i-know-if-my-child-has-a-learning-disability.html http://www.dxsbcs.org/how-do-i-know-if-my-child-has-a-learning-disability.html#comments Thu, 04 Feb 2010 16:37:55 +0000 admin http://dxsbcs.org/how-do-i-know-if-my-child-has-a-learning-disability.html

Are you the parent of a child that is struggling with reading, writing, or math? Have you been told by special education personnel that your child does not need to be tested for a learning disability? This article will discuss signs and symptoms of learning disabilities.

The National Center on Learning Disabilities has a checklist that is available to help you determine if your child has a learning disability. The checklist is separated into 8 categories: Gross and Fine Motor Skills, Language, Reading, Written Language, Social/Emotional, Attention, and a category called other.

Below are some of the things that are on the checklist:

1. Has trouble with buttons, hooks, snaps, zippers and trouble learning to tie shoes.

2. Demonstrates poor ability to color or write within the lines.

3. Grasps pencil awkwardly.

4. Demonstrates early delays in learning to speak.

5. Mis- nounces words frequently.

6. Confuses similar looking letters and numbers.

7. Has difficulty recognizing and remembering sight words.

8. Has trouble naming letters.

9. Avoids writing and copying.

10. Uses uneven spacing between letters and symbols.

11. Spells poorly.

NCLD states that the more characteristics that you check the more likely that your child is at risk of having a learning disability.

Susan Barton of Bright Solutions also has Warning Signs of Dyslexia. These signs, are a lot of the same signs, mentioned previously from the National Center on Learning Disabilities. Delayed speech, difficulty with hand writing and shoe tying, slow inaccurate reading, difficulty with spelling, poor pencil grasp, guesses letters based on shape and context.

Susan Barton also includes these warning signs for Dyslexia, which is a specific type of learning disability:

1. Left Right Confusion

2. Difficulty Learning Confusion

3.Auditory Processing Delays

4. Letter or number reversals

5. Difficulty telling time with hand clock

6. Trouble with Math

7. Messy bedroom, backpack, desk

8. Poor Written Expression

9. Limited Vocabulary.

If your child has a lot of these characteristics you might want to go the NCLD web site and down load the Learning Disabilities Checklist. Fill it out for your child, and send a copy to school personnel. Ask for your child to receive psychological testing to determine if they have a learning disability.

By: JoAnn Collins

]]> http://www.dxsbcs.org/how-do-i-know-if-my-child-has-a-learning-disability.html/feed 0 5 IDEA Requirements for Independent Evaluations at Public Expense http://www.dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html http://www.dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html#comments Sat, 16 Jan 2010 18:20:09 +0000 admin http://dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html

Are you the parent of a child with autism or a learning disability that needs an Independent Educational Evaluation (IEE), to determine their educational needs or services? Have you heard that parents can ask special education personnel in their school district to pay for an IEE at public expense? This article will discuss the 5 IDEA (the Individuals with Disabilities Education Act) requirements for an IEE at public expense.

1. IDEA 300.502 under (b) (1) states that parents “Have the right under this part to obtain an independent educational evaluation at public expense if the parent disagrees with the evaluation obtained by the public agency.”

2. Special education personnel may ask why you disagree with their evaluation, but they cannot require you to give an explanation of what you disagree with. In fact I recommend not telling them what you disagree with, because they may try and limit the IEE.

3. IDEA 300.502 (b) (2) states “that if a parent requests an independent educational evaluation at public expense, the public agency must without unnecessary delay either; 1. File for a due process hearing to show that its evaluation is appropriate, or 2. Ensure that an independent educational evaluation is provided at public expense. . .”

4. IDEA 300.502 (5) (e) states “If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.” Many school districts try and put a lot of criteria on parents for IEE’s at public expense. For Example: geographic, cost, name of evaluator must be on a list etc.

5. Except for the criteria in 4 above, school districts may not impose other conditions or timelines on the IEE at public expense.

The Office of Special Education Programs (OSEP) has stated, that school districts may develop criteria for IEE’s at public expense; with these two exceptions.

a. The school district cannot make criteria, that prevent the parent from getting an IEE at public expense. For Example: If you live in a small town, with no available evaluators, and your district states that the evaluation must be done within 30 miles; it would be impossible for you to find an evaluator. Or the special education personnel make the cost so low that you cannot find anyone to evaluate your child. This may prevent you from getting the IEE at public expense, so stand up to special education personnel.

b. School districts must allow parents, to prove that their child’s circumstances are unique, and require a waiver of the criteria. For Example: If you feel that your child needs to be seen by a Clinical Psychologist, the cost is probably going to be more than a psychologist would charge. If you can prove unique circumstances, why your child needs to be evaluated by a Clinical Psychologist, then the school district is supposed to pay for the Clinical Psychologist. Whether a school district is willing to do that, without a due process hearing, depends on your school district.

Remember any criteria that a school district makes for an IEE at public expense must not prevent the parent from getting the IEE; and they must allow for waiver of criteria if the child’s circumstances require it. A good independent evaluation can benefit your child by determining their disabilities or educational and related service needs.

By: JoAnn Collins

]]> http://www.dxsbcs.org/5-idea-requirements-for-independent-evaluations-at-public-expense.html/feed 0 How to Use a Parent Input Statement to Benefit Your Child’s Education http://www.dxsbcs.org/how-to-use-a-parent-input-statement-to-benefit-your-childs-education.html http://www.dxsbcs.org/how-to-use-a-parent-input-statement-to-benefit-your-childs-education.html#comments Thu, 07 Jan 2010 21:42:03 +0000 admin http://dxsbcs.org/how-to-use-a-parent-input-statement-to-benefit-your-childs-education.html

Are you the parent of a child with autism or dyslexia, that knows what educational services your child needs, but do not know how to communicate them to special education personnel? A parent input statement, that is written before the IEP meeting, can help you be an effective advocate for your child, and bring up needed educational services that will help your child learn.

A parent input statement is a one page statement, where you can give written input into your child’s education. You can include: things that work for your child, things that don’t work, academic struggles that they have, behavioral difficulties, any educational or related services that you believe they need, extended school year (ESY), assistive technology (AT).

Tips for writing input statement

1. Keep it short, maximum one page.

2. Use facts as much as possible.

3. State what educational and related services you think your child needs, and why.

4. Discuss academic progress or lack of academic progress, and what you think needs to be done about it.

5. Include any adaptations, modifications, educational or related services that are helping your child learn.

6. Discuss any behavioral difficulty your child has, and what the school has done about it. Also state if you feel that they are not handling the behavior/discipline according to IDEA.

Parent Input Statement 9-6-29xx My son Tommy is 9 years old, is in fourth grade, and receives special education services under the category of Learning Disability. I have received the results of his Woodcock Reading Mastery test from his teacher, Mrs. Jones. Tommy’s Word Identif ication at a grade equivalent of 1.7, word attack (decoding)of 2.7, and a basic skills cluster with a grade equivalent of 1.9. This means that my son Tommy’s reading is at least 2 years below his grade appropriate peers. I am very concerned that if Johnny does not receive appropriate instruction in reading, his life will be negatively altered, forever.

IDEA and No Child Left Behind state that curriculum must be “scientifically research based.” What this means is that their is research to show that the program works to teach children to read. The Orton-Gillingham Methodology of simultaneous multi sensory instruction has many years of research to back its effectiveness with teaching children to read. I have information on this methodology that I would like to share with the IEP team.

Tommy, not only needs an Orton-Gillingham reading program, but the person who is teaching him must be trained in this area. My son also needs to receive the program for the recommended length of time, not less. Tommy is currently receiving 30 minutes a day of reading instruction while the Orton-Gillingham program recommends xx amount per day of instruction. Thank you for working with me to help my son Tommy learn to read.

Miss Smith

Mention at the beginning of your meeting that you have a parent input statement to share with the IEP team.Bring up the parent input statement when you think it is an appropriate time.Bring enough copies for everyone at the meeting, and make sure that it is attached to your child’s IEP.

A parent input statement will help you clearly state what educational or related services that your child needs. Remember that for your child to receive an appropriate education the instruction they receive must “give meaningful benefit” to your child.

By: JoAnn Collins

]]> http://www.dxsbcs.org/how-to-use-a-parent-input-statement-to-benefit-your-childs-education.html/feed 0 Education Options for Children With Special Needs http://www.dxsbcs.org/education-options-for-children-with-special-needs.html http://www.dxsbcs.org/education-options-for-children-with-special-needs.html#comments Tue, 29 Dec 2009 02:07:47 +0000 admin http://dxsbcs.org/education-options-for-children-with-special-needs.html

A child with special needs and learning disabilities is someone who is different developmentally and formatively from normal children. This is either due to a physical, mental, or emotional handicap, a formative delay, or a particular learning disability.

Nowadays, a lot of educational allowances are accessible to families in order to assist them with the extraordinary costs of giving special educational or related services to children with special needs. This, very often could include a very gifted child with certain physical and mental disabilities.

Assessment of developmental problems

Kids with developmental problems are entitled to educational evaluations as part of the medical clearance process. No sooner has it been suspected than parents ought to describe the child’s developmental problems on their medical history form.

This is so that evaluation and treatment plans of the childs educational needs may be devised early in the child’s life. Experts, with special education degrees, in the field emphasize the importance of early intervention.

Children with learning problems ought not to be considered abnormal. They just have a different way for handling information. The solution lies in parents and teachers finding out what the childs processing system is as it helps the kids compensate with their strengths. Since developmental problems affect several aspects of a child’s physical and psychological health, oftentimes the assessments are extensive.

The assessment of a child having trouble in school could include an educational evaluation as well as the special needs of a child such as speech, hearing, and neurological examinations, plus a series of psychiatric interviews.

Processing a childs developmental problem

If developmental problem is suspected when parents are abroad, the family should have the child examined by a Regional Medical Officer, Regional Psychiatrist, or Nurse Practitioner. Parents also ought to get written reports from a school so that the problem can be fully understood.

It is unlikely that a full assessment will be completed immediately. The complications of the issues often call for a multi-specialty approach. This is why evaluations are usually done. However, a medical evacuation is not normally required.

After the assessment is done, the child will be cleared to return to post. Then the school at post will have the benefit of the childs specific educational recommendations in trying to develop a program for the child. However, before the child is cleared for an onward post, a letter from the proposed new school will is required.

When making a clearance decision for the child, assessors and the Medical Division often consider the appropriateness of boarding school placement or home study options or online special education courses.

By: Kevin Pederson

]]> http://www.dxsbcs.org/education-options-for-children-with-special-needs.html/feed 0 4 Parenting Tips to Avoid School Districts Attorney at Special Education IEP Meetings http://www.dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html http://www.dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html#comments Mon, 14 Dec 2009 03:11:06 +0000 admin http://dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html

Are you the parent of a child with autism or a learning disability? Are you a single parent who sometimes feels intimidated by special education personnel, at IEP meetings? Have school personnel told you that they will be bringing their attorney to your child’s next IEP meeting, and you are upset? Some special education personnel state that they want their attorneys at IEP meetings, to try and intimidate parents, and have them not ask for additional services. This article will give you 4 easy to use parenting tips, to help you prevent your school district, from bringing their attorney to your child’s IEP meeting.

The Individuals with Disabilities Education Act (IDEA) is silent, on any attorney’s at IEP meetings, parents or school districts. But if the school district has an attorney at an IEP meeting and the parents cannot afford an attorney, then the parent will not be able to be an equal participant in the IEP process.

Tip 1: Once you are notified that the school’s attorney is coming to your child’s IEP meeting, notify them in writing that you will be canceling the meeting. Also tell them your reason for canceling the meeting (cannot afford an attorney and feel that I would not be an equal participant), and that they do not have your permission to have the meeting without you. This last part is important, so that if they have the meeting, you can file a state complaint and ask that everything done at the meeting be thrown out, because the meeting was illegal.

Tip 2: After you have canceled the meeting, go to the Department of Educations Web site at ed.gov, and type in Special Education in the box. Once you get to special education, in the Search box put “OSEP policy letter to Hillary Clinton July 23, 2001.”

The letter was written by Hillary Clinton asking whether it is appropriate for a district to invite its attorney to IEP meetings. OSEP answered Hillary’s letter by stating that: School districts can invite people that have knowledge or special expertise regarding the child. However ever if the attorney possessed knowledge about the student, his or her presence would have the potential of creating an atmosphere that would not be in the child’s best interest. . .Therefore the best interest of the child compelled OSEP to strongly discourage attendance of attorneys for school districts at IEP meetings.

Tip 3: Write another letter to your school district and include copies of the Hillary Clinton Policy Letter on School Attorneys at IEP meetings. Ask them to reconsider their decision to bring their attorney to your child’s IEP meeting. If they will not reconsider go on to Tip 4.

Tip 4: File a state complaint with your state department of education, stating that your school district is violating IDEA, by not allowing you to be an equal participant in your child’s IEP. Special education personnel are doing this by inviting their attorney to your child’s IEP meeting. The state has 60 days to complete the complaint. Send in copies of all letters, to and from school personnel, as well as the Hillary Clinton Policy Letter with your complaint.

I actually had this happen to me several years ago. I told the special education person that I would be canceling the meeting. After thinking about it, the school district changed their mind about having their attorney come to my son’s IEP meeting. The meeting was held without the presence of an attorney.

By using these 4 easy to use tips, you will be able to advocate for your child to try and prevent the school district, from bringing their attorney to your child’s IEP meeting. Good Luck, the fight is worth it!

By: JoAnn Collins

]]> http://www.dxsbcs.org/4-parenting-tips-to-avoid-school-districts-attorney-at-special-education-iep-meetings.html/feed 0 4 Ways to Use Least Restrictive Environment in Special Education, to Benefit Your Child http://www.dxsbcs.org/4-ways-to-use-least-restrictive-environment-in-special-education-to-benefit-your-child.html http://www.dxsbcs.org/4-ways-to-use-least-restrictive-environment-in-special-education-to-benefit-your-child.html#comments Sat, 28 Nov 2009 20:36:47 +0000 admin http://dxsbcs.org/4-ways-to-use-least-restrictive-environment-in-special-education-to-benefit-your-child.html

Do you have a child with autism, or a learning disability that is in a regular classroom? Do you have a child with another disability that is in a self contained classroom, and you would like them to receive some mainstreaming? This article will discuss the individuals with disabilities education act (IDEA) requirements, for least restrictive environment (LRE), and how you can use them to benefit your child’s education.

IDEA states: “To the maximum extent appropriate, children with disabilities . . . are educated with children who are non disabled.” What this means is that children with disabilities, have the right to be educated with children without disabilities.

IDEA also states: “Special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

IDEA requires a continuum of placement options. These options start in the regular classroom go to a special class, special school, hospital program etc.

Ways to use LRE to help your child:

1. Use the requirements of LRE, to gain access for your child to the regular classroom curriculum. Many studies have shown that children with disabilities that have access to the regular education curriculum, do better in their education. LRE requires that placement option discussions need to start at the regular classroom, and then become more restrictive, as the child’s disability warrants.

2.If your child requires a self contained placement, use the requirements of LRE to help them receive mainstreaming. When a child is young 5-9 years, there are a lot of opportunities for interaction with non disabled children. Lunch, recess, arts and crafts, music, special parties or projects. Children with behavioral issues can learn appropriate behavior by having contact with non disabled children.

3. Use the LRE requirements of IDEA to get your child a placement other than the regular classroom, if their educational needs require it. Many school districts only offer an inclusive (regular education) placement; which they are not allowed to do under the “continuum of placement options” in IDEA.

4. Use the LRE requirements of IDEA to get your child “supplementary aids and services” that will help your child succeed in the regular classroom. These aids and services can be anything that your child needs in order to benefit from a regular classroom placement. For Example: A classroom aide, an individual aide, shorter assignments, tape recorder, modified curriculum, modified or shorter tests, ability to take tests verbally, etc. The list is endless, just depends on your child’s educational needs.

By knowing the least restrictive environment requirements, you will be able to successfully advocate for the placement that will meet your child’s educational needs. Remember that LRE is different for each child, depending on their disability and needs.

By: JoAnn Collins

]]> http://www.dxsbcs.org/4-ways-to-use-least-restrictive-environment-in-special-education-to-benefit-your-child.html/feed 0 Special Education – Are Parents Allowed to Observe Child’s Classroom? http://www.dxsbcs.org/special-education-are-parents-allowed-to-observe-childs-classroom.html http://www.dxsbcs.org/special-education-are-parents-allowed-to-observe-childs-classroom.html#comments Sun, 22 Nov 2009 06:02:22 +0000 admin http://dxsbcs.org/special-education-are-parents-allowed-to-observe-childs-classroom.html

Are you the parent of a child with a learning disability or autism who
would like to observe their school classroom? Have you been told by
special education personnel, that you cannot observe your child’s
classroom? This article will teach you about what is allowed under
law, about school observations. By going to your child’s classroom and
observing, you can ask for any changes that you believe your child
needs. This will help your child receive an appropriate education.

School personnel may state that you cannot observe because of the
children’s confidentiality; this is untrue. The Supreme Court ruled in
Owasso Independent School District v. Falvo (534 US 426 2002) that
confidentiality of other students can’t be used as a reason to deny
observation by a parent. They established that, students have no
expectation of privacy.

Special Education personnel may deny you from observing your child’s
placement because of FERPA (the Federal Education Rights and Privacy
Act). FERPA does not prevent observation by parents or their
professional representatives. FERPA only protects written records.

If your school district states that parent observations violate HIPPA,
they are incorrect. HIPPA is for medical records, and in most
cases does not apply to school districts.

In my opinion, parents do have a right to observe the current
and proposed placement of their child. This is because parents
have a right to “meaningfully” participate in determining their
child’s IEP and placement. These rights were up held in 2 court
cases (Honig v. Doe 1988, and Burlington School Committee v.
Mass Dept. of Education (1985). Parents have unique knowledge
of their child, and they should be able to observe in the classroom.

If your school district continues to assert, that you have no right to
observe your child’s current or proposed placement, ask by what
authority are they stating this. Also ask for proof in writing, of
whatever authority they are using. Take what they send you, and file
for a formal state complaint. Parents have the right to be an “equal
participant” in their child’s education. If you are prevented from
observing, then you will be denied your “right” to be an equal
participant.

Classroom observations are extremely important for parents to do, as
often as they are able. Things can be going on that you are not aware
of, classroom observations bring these to light. Then you will be able
to use the information to fight for educational changes that your child requires.

By: JoAnn Collins

]]> http://www.dxsbcs.org/special-education-are-parents-allowed-to-observe-childs-classroom.html/feed 0 Burden Of Proof In Special Education Due Process http://www.dxsbcs.org/burden-of-proof-in-special-education-due-process.html http://www.dxsbcs.org/burden-of-proof-in-special-education-due-process.html#comments Sat, 21 Nov 2009 12:39:04 +0000 admin http://dxsbcs.org/burden-of-proof-in-special-education-due-process.html

Are you the parent of a child with autism that has struggled to get them an appropriate education? Have you considered filing for due process for your child with a learning disability? Have you wondered who has the burden of proof, in a due process hearing? In 2005 The US Supreme Court heard a case on burden of proof in due process; the case was 546 US Schaffer v. Weast. This article will discuss burden of proof after the Supreme Court case Schaffer vs. Weast.

The question before the court on this case was At an administrative hearing (due process) assessing the appropriateness of a IEP, which party bears the burden of persuasion? The justices ruled that the burden of proof in a due process hearing challenging an IEP, is placed upon the party seeking relief, in other words the party that filed.

The reason this case made it all the way to the Supreme Court is because Maryland, where this case originated, did not have a regulation stating who had the burden of proof. 10 States place the burden of proof at a due process hearing on the school district. These states are: Alabama, Alaska, Connecticut, Washington DC, Delaware, Georgia, Illinois, Kentucky, Minnesota, and West Virginia. These states are not affected by this ruling

17 States place the burden of proof on the party that files for a due process hearings. These states are: Colorado, Indiana, Kansas, Louisiana, Maryland, Michigan, Mississippi, Oklahoma, New Mexico, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, and Virginia. These states are not affected by this ruling

The states that are affected by Schaffer vs. Weast are: Arizona, Arkansas, California, Florida, Hawaii, Idaho, Iowa, Maine, Massachusetts, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Vermont, Washington, and Wisconsin. Some states on this list may have passed laws, since this ruling that put the burden of proof back on the school district. Check with your state board of education to see if a law was passed in your state. If it was not, the burden of proof is on the party that filed.

Schaffer vs. Weast did have one positive section of the ruling. Justice Sandra Day Oconnor wrote: School districts may also seek such hearings, as Congress clarified in the 2004 amendments. They may do so for example, if they wish to change an existing IEP because the parents do not consent, or if parents refuse to allow their child to be evaluated.

What this means, is that school districts are required to file for a due process hearing, if they wish to change a child’s IEP. Before this, school districts were able to implement an IEP without a parents permission. The only way they could not, is if a parent filed for a due process hearing. Since the burden of proof has switched to the party that files in some states, this section is important.

For example: If you live in Idaho, a state that requires burden of proof on the party that files, and your school district wants to change your child’s IEP, without your consent; they are required by Schaffer vs. Weast to file for a due process hearing; and thus bear the burden of proof.

If the school district did not file for a due process hearing and the parent was forced to, they could ask a hearing officer to shift the burden of proof to the school district. This means that the school district, would have to prove that the changes that they want to make to your child’s IEP, are appropriate.

By understanding the burden of proof in a due process hearing, you will be able to make an informed decision about whether to file for a due process.

By: JoAnn Collins

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