NLDline
Subj: THE SPECIAL ED ADVOCATE, OCTOBER 1, 1999 (V. 2,
NO. 23)
Date: 9/30/99 8:58:59 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, pwright@wrightslaw.com
=================
The Special Ed Advocate
The Online Newsletter About
Special Education and the Law
October 1, 1999 Vol. II, No. 23
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_1001.html
Contact, copyright, and subscription information is at the end of this newsletter.
=============
1. “WORD BANKS & CALCULATORS” PETE ANSWERS QUESTIONS ABOUT ACCOMMODATIONS
AND MODIFICATIONS
2. LETTER TO WRIGHTSLAW: “I HAVE A QUESTION ABOUT MY CHILD’S IEP.”
3. LETTER TO WRIGHTSLAW: “HELP! I’M POLARIZED!!”
4. CREATIVE SOLUTIONS CONTEST – LINKS
5. NEWS FLASH! FEDS SLAM CALIFORNIA . . . AGAIN
6. WRIGHTSLAW: SPECIAL EDUCATION LAW: NEW REVIEWS
7. THE ADVOCACY CHALLENGE PROGRAM
8. SUBSCRIPTION INFORMATION
9. CONTACT INFORMATION
=====================
1. “WORD BANKS & CALCULATORS” - PETE ANSWERS QUESTIONS ABOUT ACCOMMODATIONS
AND MODIFICATIONS
Many newsletter subscribers have questions about accommodations and modifications. When
should they be used? When should they NOT be used?.
Kelly, who says she is a “regular education inclusion teacher,” writes: “My
question concerns the Related Services and Supplementary Aids page of the IEP. If a
modification is marked, is the regular ed teacher
required to include the modification on every test or activity they create? For example,
if "word bank" is marked, does the teacher have to include a word bank on
everything? And what about a calculator? Can the teacher give an assignment where students
are not allowed to use calculators?”
Pete answers Kelly’s question, then raises some questions of his own.
What is Pete’s biggest gripe about special education?
Why should children learn their multiplication tables?
Who is Diana Hanbury King? Who is Harry Lorayne?
What can we learn from Helen Keller?
To read Pete’s response to Kelly, go to
http://www.wrightslaw.com/advoc/ltrs/ltr_Kelly_accoms_mods.html
================
2. LETTER TO WRIGHTSLAW: “I HAVE A QUESTION ABOUT MY CHILD’S IEP”
Frank wrote:
“I have requested that my daughter's IEP Team add goals and objectives that pertain
to the PECS in her IEP.”
(NOTE: PECS refers to the Picture Exchange Communication System which is used to help
non-verbal children communicate.)
“They told me it is against Federal Regulations for them to mention a specific system
in an IEP.”
“My daughter has been very successful using this system for the last 12 months in a
private school setting. When she attended the private school, the IEP included specific
goals and objectives relating to the PECS.
“I need to ensure that the public school staff use PECS as an alternative means of
communication with her.”
“I’ve searched in the IDEA for something that says specific systems cannot be
mentioned in the child’s IEP but have found nothing. Can you help?”
Pete responds:
You say “They told me it is against the Federal Regulations to mention a specific
system in an IEP.”
That’s news to me! I haven’t heard that excuse before.
The school is saying they would be violating the law if they mentioned using the PECS in
your daughter’s IEP?
Is it against the law to say that a child with mobility problems will need to use a
wheelchair to get around? Or that a child with vision problems will need wear glasses? Of
course not.
If your daughter has communication problems and uses the Picture Exchange Communication
System (PECS), this relates to her disability and should be included in her IEP. There is
no reason to omit the PECS from her IEP unless they don’t plan to use it, and
don’t want to tell you this straight up.
Take your copy of WRIGHSLAW: SPECIAL EDUCATION LAW to the next IEP meeting. Ask them to
show you where it says this in the statute or regulations. (You’ll find information
about how to order WRIGHTSLAW:
SPECIAL EDUCATION LAW later in this newsletter )
The federal regulations are on our web site. Here is a link to the Index page which has
links to the different sections -
http://www.wrightslaw.com/law/code_regs/Index_IDEA_Regs_990313.htm
================
3. HELP! I’VE BECOME POLARIZED – WHERE CAN I FIND A LIGHTENING ROD?
Thelma wrote:
I have become polarized. How can I find someone to act on my child’s behalf who can
be the lightning rod? I have contacted my state's advocacy and protection group. They
can’t help – they are only taking
disciplinary problems at this time.
Pete responds:
For years and years, other parents have gone down the same road, traveled the same paths
as you are now. These paths CAN lead out of the woods and forest.
These parents have found psychologists, experts, advocates, and attorneys who can help.
Other parents are out there –they are your best resource.
You can find help by joining several local and state disabilities organizations. There are
groups that represent the interests of the different disabilities – Learning
Disabilities Association (LDAA),
Autism Society of America (ASA), International Dyslexia Society (IDS), Alexander Bell
Association, Tourette Syndrome, Association of Retarded Citizens (ARC), Children and
Adults with Attention Deficit Disorder
(ChADD), Down Syndrome, and others.
If your child has a very unique condition and you cannot find an organization in your
area, use a search engine like Yahoo, Alta Vista, Dogpile to find the national
organization.
Join others who are struggling with these same issues. The solutions to problems will be
similar, regardless of the nature of the child’s disability.
Re: being polarized. It’s good that you can recognize this. Take a deep breath, slow
down, and regroup. I’ve found that children are often more resilient than their
parents.
Get a copy of “How to Argue and Win Every Time” by Gerry Spence (it’s in
our bookstore) at
http://www.wrightslaw.com/bkstore/bks_negotiate.htm
Jump to Chapters 8 and 9. Read about the mother who talked to the Board of Supervisors
about a dangerous country road. You need to learn how to present issues or problems –
this is essential to success.
======================
4. CREATIVE SOLUTIONS CONTEST
Our first Creative Solutions Contest was a huge success. Before long, we’ll send
information about the next Creative Solutions Contest so watch your email box.
We announced the Contest Winners on a Saturday night. Since then, several people wrote to
request updated links so here they are -
Creative Solutions Contest #1: Summary and Winners
http://www.wrightslaw.com/creative/vote1.htm
The Creative Solutions Contest winners were John Willis and Becky Milton – a great
team!
John Willis is co-author of the “Guide to Identification of Learning
Disabilities” (1998 NY State ed.) (Acton, MA: Copley, 1998); author of
"Diagnosis: Developing Informed Reading Assessments and Interpretations" in S.
Brody (Ed.), Teaching Reading: Language, Letters, and Thought. (Milford, NH: LARC
Publishing, 1994). Dr. Willis has taught courses for the University System of New
Hampshire and Antioch/New England Graduate School and presented numerous workshops to
teachers and psychologists.
Becky Milton is the parent of a child with a disability. Her advocacy journey began 10
years ago when her son was diagnosed with Attention Deficit Disorder. Becky and her son
have walked down a very rocky road.
We asked Becky to provide us with some biographical information. She sent us a powerful
story about shame, humiliation, and empowerment. If you missed Becky’s story, go to
http://www.wrightslaw.com/creative/milton.htm
=================
5. NEWS FLASH! FEDS SLAM CALIFORNIA
According to a new article in The Special Education Observer, the U. S. Department of
Education issued a Monitoring Report about serious, ongoing problems in California’s
largest school districts.
These problems are not new. In 1996, the U. S. Department of Education issued a report
about similar deficiencies in California’s special education system.
Attached to the Monitoring Report was a letter by Judith Heumann, Office of Special
Education Programs, to the California Superintendent of Public Instruction.
In her letter, Heumann cited California’s failure to “exercise its general
supervisory responsibility over local school districts in the State . . . serious
deficiencies have been allowed to exist for a number
of years . . . resulting in long-standing, serious noncompliance.”
You can read a comprehensive article about problems in California’s special education
system at the Special Education Observer’s site:
http://www.jps.net/saclda/observer/
The lead article, “Findings Document More than a Decade of Mismanagement: Feds Slam
California Special Education” is at http://www.jps.net/saclda/observer/obs19/slam.htm
You can read the Report on the site maintained by the California Department of Education
too – you’ll have to hunt for it but the Report IS there (although it is buried
DEEP). To hunt for the Monitoring
Report, go to http://www.cde.ca.gov/spbranch/sed/index.htm
======================
6. WRIGHTSLAW: SPECIAL EDUCATION LAW: NEW REVIEWS; UPDATE ON THE ADVOCACY CHALLENGE
PROGRAM
WRIGHTSLAW: SPECIAL EDUCATION LAW continues to receive favorable reviews.
From SCHOOL PSYCHOLOGY RESOURCES ONLINE:
This is a practical, affordable book written by an attorney who is a nationally known
expert in special education law.
Peter Wright argued and won the landmark Florence County School District IV v. Shannon
Carter case before the U.S. Supreme Court.
Here, the Wrights present the full text of IDEA 97 interspersed with Pete Wright's
valuable comments on the law and its interpretation. This alone makes the book a
worthwhile purchase. In addition, there is the
text of Section 504 of the Rehabilitation Act of 1973 and the Family Educational Records
and Privacy Act. Landmark U.S. Supreme Court Decisions are also presented and discussed.
If you are involved with special education, you should read this book. I am looking
forward to the next book, “From Emotions to Advocacy”, referred to in the back
cover.
NOTE: School Psychology Resources Online is an excellent resource for anyone who wants to
learn more about special education. This site is comprehensive and is a wonderful
resource. To explore this excellent,
well-designed site, go to http://www.schoolpsychology.net
FROM THOM HARTMANN (AUTHOR OF “ADD: A DIFFERENT PERCEPTION”)
“Brilliant and necessary for anybody with special ed issues Pete and Pam Wright have
pulled together one of the most important how-to manuals ever written for navigating your
way through the morass of special
education, and for using the law to demand/get a good education for your
child. (Pete is the attorney who argued and won the "Shannon Carter" case before
the Supreme Court, putting ADD/ADHD on the map.) Highly recommend you get and read this
book: it's a gold-mine of information.” (5 Star Review on Amazon.com)
ORDERING INFO:
INTERNET STORE: To place an order on our secure Internet store, follow this link -
http://www.wrightslaw.com/store/index.html
TOLL-FREE FAX: Print the order form, fill in the requested information, and fax toll-free
to 800-863-5348. Fax modem users can "save to file" this form, input the correct
information with a text editor, then fax.
TOLL-FREE PHONE: Call toll-free 877 LAW IDEA (877-529-4332) between 9:00 a.m. and 5:00
p.m., Eastern Time. After 5:00 p.m., leave your name and phone number on our toll-free
voicemail. We will call you on the next business day to confirm your order.
Click here for complete ordering information:
http://www.wrightslaw.com/bkstore/ourbooks/Orderform.html
AMAZON.COM: If you prefer, you can place an order from Amazon.com. Just click this link -
http://www.amazon.com/exec/obidos/ASIN/1892320037/specialedadvo
=============
7. ADVOCACY CHALLENGE PROGRAM
Several people have written to request information about bulk orders for advocacy
training. Here are the details of the Advocacy Challenge Program:
In the Advocacy Challenge program, people who teach advocacy classes OR provide other
forms of advocacy and/or training OR book distribution may order units of 20 books for
half price.
Normally, the cost for 20 copies of Wrightslaw: Special Education Law is $599.00 ($29.95
each). With the Advocacy Challenge Program, the cost for 20 books is just $299.50 plus
shipping (which is very inexpensive,
especially if you use parcel post rates).
In the Advocacy Challenge Program, the minimum order is 20 books. Participants can order
20 books, 40 books, 60 books, etc. (one box contains 20 books).
For more information, go to
http://www.wrightslaw.com/bkstore/ourbooks/AdvChallenge.htm
or send an email to advocacy@wrightslaw.com
=================
8. SUBSCRIPTION INFORMATION
To subscribe to The Special Ed Advocate, go to
http://www.wrightslaw.com/approve.htm
You will receive an automatic, computerized confirmation that your request "has been
forwarded to the owner of the special-ed-advocate list for approval and that it is a
closed list." Within a couple of days, you
will receive a message confirming that you are a subscriber.
To unsubscribe to The Special Ed Advocate, send an email to
majordomo@wrightslaw.com
In the beginning of your message, insert the following words exactly, with the hyphens,
all lowercase
unsubscribe special-ed-advocate
===========
9. 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