NLDline
Subj: THE SPECIAL ED ADVOCATE,
SEPTEMBER 21, 1999 (V. 2, NO. 22)
Date: 9/21/99 4:04:51 PM Pacific Daylight Time
From: webmaster@wrightslaw.com (Wrightslaw/ The Special Ed Advocate)
Sender: owner-special-ed-advocate@wrightslaw.com
To: special-ed-advocate@wrightslaw.com
====================
The Special Ed Advocate
The Online Newsletter About
Special Education and the Law
September 21, 1999 Vol. II, No. 22
Visit us today at:
http://www.wrightslaw.com
====================
The Special Ed Advocate is a free online newsletter about special education legal issues,
cases, tactics and strategy, effective educational methods, and Internet links.
As a subscriber to The Special Ed Advocate, you will receive announcements and
"alerts" about new cases and other events. Back issues of The Special Ed
Advocate are archived at our web site -
http://www.wrightslaw.com
If your email address changes, please unsubscribe your old email address and subscribe
your new email address.
For a "printer friendly" copy of the newsletter, go to
http://www.wrightslaw.com/advoc/nwltr/1999/nl_99_0921.html
Contact, copyright, and subscription information is at the end of this newsletter.
=============
1. EARLY REVIEWS: WRIGHTSLAW: SPECIAL EDUCATION LAW
2. “I NEED MORE INFORMATION”
3. PETE SAYS “I CHALLENGE YOU TO FIND . . .
4. MASS. ADVOCATE WANTS INFORMATION ABOUT SEMINARS
5. NEWS FROM MISSOURI
6. SUBSCRIPTION INFORMATION
7. CONTACT INFORMATION
==================
1. EARLY REVIEWS: WRIGHTSLAW: SPECIAL EDUCATION LAW
MARK WEBER, author of “Special Education Law and Litigation Treatise” (link
below) wrote:
"This book provides a comprehensive outline of the Individuals with Disabilities
Education Act and it's impact on the educational rights of children with disabilities. It
combines a detailed, insightful analysis
of the legal requirements with useful information drawn from educational research and
practical tips in dealing with school systems.”
“The book should be a valuable resource for parents and the professionals assisting
them."
SANDRA BRITT, Immediate Past President of LDAA wrote:
“What I would have given for such a wonderful resource when I was preparing for IEP
meetings for my sons!”
“Parents need this information. Never again should a parent go to an IEP meeting,
mediation or due process hearing without being fully informed and prepared.”
MARGARET J. KAY, Licensed Psychologist & Certified School Psychologist wrote:
“WRIGHTSLAW: SPECIAL EDUCATION LAW is an invaluable tool for parents, students,
schools and psychologists.
“You provide a concise, useful, well-organized description of IDEA 97, which provides
the basis for service delivery to special education tudents. I will recommend your book to
my clients and to the individuals we serve in this practice.”
To read what other reviewers are saying about WRIGHTSLAW: SPECIAL EDUCATION LAW, go to
http://www.wrightslaw.com/bkstore/ourbooks/Law_Book_Reviews.htm
MORE TESTIMONIALS
PAULA wrote: "EASY TO FIND, HARD TO LOSE, DIFFICULT TO PUT DOWN. Thanks for the
wonderful book. I am confident that your efforts will touch every school district in this
country."
PAMELA wrote: "What a wonderful book! You did a great job. I start teaching advocacy
(under a private grant) in September. Have already filled out the bulk order form for
board approval. It's terrific to
have all this in one place. My briefcase just became much lighter. For that you have my
undying gratitude!"
DEGO wrote: "I wish I had WRIGHTSLAW: SPECIAL EDUCATION LAW 6 years ago –
it’s great! From now on, I have a book for reference regarding my son's situation and
can check it when I have a meeting for my son. So many things have happened that shouldn't
have happened because I didn't know about the laws so relied on the district's statements
instead of checking things out on my own. Thanks for writing this book. Keep up the good
work.”
For information about the book go to
http://www.wrightslaw.com/bkstore/ourbooks/Law_Book_Announce_99_0712.htm
You can order now using a credit card and our toll-free numbers – or you can order in
our secure Internet store. For complete ordering information, go to
http://www.wrightslaw.com/bkstore/ourbooks/Orderform.html
=================
3. PETE SAYS “I CHALLENGE YOU TO FIND . . .
Charles wrote:
We are seeking compensatory education for various violations of IDEA and were disappointed
that there is no entry for "compensatory" education and services in the index of
your new book.
We hear that in Baltimore home computers and extended school day (also not listed) are
often used to compensate students whose rights have been violated. Hope to see an
extensive discussion of this in the SPED Advocate.
Pete responded:
I challenge you to find “compensatory education” in the statute. I challenge you
to find “inclusion.” Both words are commonly used in special ed litigation
– and neither are in the statute.
Actually, the concept of compensatory education is related to "equitable" relief
that a Court can award as discussed in Section 1415.
The concepts of compensatory, extended school day, inclusion, etc, are all words that have
been used by judges in case law decisions.
Later, we may develop a caselaw book that will include landmark cases below the U.S.
Supreme Court level which is where you will find more information.
You will learn that what is black is white in one jurisdiction, and what is white is black
in a second. The third jurisdiction will say that both are wrong - it is gray. You will
not find a clear case law definition of
these terms that you can hang your hat on.
To understand these terms, you need to do a comprehensive search of all cases in the
Fourth Circuit (if you live in Maryland, you are in the Fourth Circuit), then a search of
Maryland Federal District Court
opinions, Maryland state court decisions, then Maryland State level review decisions
before you will have a clear understanding about how this term is defined in Maryland.
This is the nature of law and legal research, while also understanding that the answer to
your question may change tomorrow.
Re: how to find cases that mention compensatory education, you may want to use the search
engine on our site. I just typed in the word “compensatory” and found about 25
files / articles / cases that contain
the word “compensatory.” This should help.
To do a broader search, go to the U.S. Court of Appeals cases on FindLaw. Search using
terms like “compensatory” and “IEP”
To read Pete’s Challenge in html, go to
http://www.wrightslaw.com/advoc/ltrs/ltr_challege_you_find.html
====================
3. “I NEED MORE INFORMATION”
WRIGHTSLAW: SPECIAL EDUCATION LAW is designed to help you find the answers to your
questions about the Individuals with Disabilities Education Act, Section 504 of the
Rehabilitation Act, and the Family
Educational Rights and Privacy Act.
Many people (like Charles) have requested more or different information about special
education law. At conferences for attorneys, Pete recommends these two publications:
SPECIAL EDUCATION LAW AND LITIGATION TREATISE BY MARK WEBER
“Weber's book is my ‘Bible.’ I use this book whenever I need a
comprehensive analysis of a special ed legal issue. The book includes an extensive listing
of case cites, statutes, regs, and thorough, insightful commentary. I have two copies -
one for the office and one for the house." (Amazon.com review by Pete Wright, July
15, 1999)
CROSS-EXAMINATION: SCIENCE AND TECHNIQUES BY LARRY POZNER AND ROGER DODD.
“Pozner and Dodd are great! “They teach you how to turn 'their' evidence into
'your' evidence by using their testimony to prove your case. I urge the trial attorney to
attend one of their day-long CLE seminars."
For these and other good books about special education law, go to
http://www.wrightslaw.com/bkstore/bks_law.htm
===========
4. MASS. ADVOCATE WANTS INFORMATION ABOUT SEMINARS
I am an educational advocate in Massachusetts and the parent of an 8 year old boy with
special needs. I am an avid reader of your articles and visit your site often. I am
interested in seminars that you or other
organizations may have scheduled regarding special ed law.
I have done several mediations. I am assisting an attorney in an upcoming hearing. I have
taken a seminar on the new IDEA regulations.
I am willing to travel (car or plane) to attend seminars about special ed law, hearing
preparation, disabilities, etc. Can you provide information about seminars or training
that is on your schedule? Thanks
for your input.
Keep up the good work.
I will attach a link to the Fall Conference Schedule but here is a summary:
Thursday, October 7, 1999. ChADD Legal Institute, Washington DC.
The Legal Institute and ChADD Conference will be held at the Washington Hilton and Towers,
1919 Connecticut Avenue, NW, Washington, D.C. 20009
In addition to Pete, presenters at the Legal Institute include Matt Cohen, Josh Konecky,
Reed Martin, Elliott Portnoy, and Carl Smith.
November 12-13, 1999. Achieving Communities Together Now (ACT NOW), Pittsburgh PA.
Friday, November 12: Lunch and Learn for Lawyers.
Saturday, November 13: Pete is the Keynote Speaker.
Saturday, November 13: Pete and Pam will present sessions on "Tests and Evaluations:
What the Numbers Really Mean" and "How to Negotiate an IEP"
ACT NOW will be held at the Sheraton Station Square, Pittsburgh, PA. For more information,
send an email to Kathy Bauer at bauer_house@adelphia.net
The Wrightslaw Conference Schedule is at
http://www.wrightslaw.com/news/1999/news_schedule.html
==============
5. NEWS FROM MISSOURI: THE SPECIAL EDUCATION ASSOCIATION (THE SEA)
We received this News Release from Missouri:
“Like minded, good willed people in Missouri recently banded together to form The
Special Education Association (The SEA).”
“SEA is a membership organization dedicated to acquiring an appropriate education for
all Missouri's special children. The organization intends to serve as the umbrella for the
many special parent and child
assistance groups currently operating throughout the State of Missouri. SEA will assist
parents of special children, who comprise approximately 17% of all Missouri school age
children, in meeting their educational needs.”
“The group states that the parents of Missouri's special children are uniting to form
this organization in large part due to the historical failure of the State of Missouri and
Missouri's Department of Elementary
and Secondary Education (DESE) to meet the critical educational needs of our special
children. “
For more information, send an email to barfieldb@missouri.edu
or write to: SEA, 7733 Forsyth Blvd, 12th Floor, Clayton, Missouri 63105.
================
6. SUBSCRIPTION INFORMATION
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===========
7. CONTACT INFORMATION
Pete and Pam Wright
c/o The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Phone: 804-257-0857
Website: http://www.wrightslaw.com
Email: webmaster@wrightslaw.com
The resources at this website are copyrighted by the authors. They may be used for
non-commercial purposes only. They may not be redistributed for commercial purposes
without the express written consent of Peter W. D. Wright.
It is not necessary to obtain our consent to link to our website or copy, print and
distribute our articles and newsletters for nonprofit purposes so long as the material is
reproduced in its entirety and credit is given to Pete and Pam Wright and
"wrightslaw" including the URL - http://www.wrightslaw.com
Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.
END