NLDline
Subj: The Special Ed Advocate,
November 11, 1999 (V. 2, N. 28)
Date: 11/11/99 10:17:28 AM Pacific Standard Time
From: wrightslaw@wrightslaw.com
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
November 11, 1999 Vol. II, No. 28
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/main_newsletter_archives.htm
Contact, copyright, and subscription information is at the end of this newsletter.
===================
1. “HELP! WE ARE HAVING PROBLEMS WITH THE SCHOOL . . .”
2. CREATIVE SOLUTIONS: HOW ONE PARENT ADVOCACY GROUP DEALT WITH THE “CHALLENGE"
3. OCR COMPLAINT (December, 1998)
4. PRESS RELEASE (November 8, 1999)
5. WRIGHTSLAW CREATIVE SOLUTIONS AWARD GOES TO PIER
6. ACT NOW CONFERENCE (PITTSBURGH) (November 12, 1999)
6. SUBSCRIPTION INFORMATION
7. CONTACT INFORMATION
=================
1. “HELP! WE ARE HAVING PROBLEMS WITH THE SCHOOL . . .”
Many parents of children with disabilities write ask for advice about how to handle
problems with their schools. Some parents devise creative "win-win" solutions to
school
problems.
To SOLVE school problems, you must learn to think creatively. Don't allow yourself to get
bogged down in anger, resentment, helplessness, and other negative emotions. Don't waste
your time debating the unfairness of the situation.
Newsletter subscribers will recall that in September, a letter from a Georgia Mom led us
to harness “the power of the Internet” and sponsor our first Creative Solutions
Contest. In that case, a 3 year old child with cerebral palsy and autism was supposed to
receive early intervention services. The school refused to provide transportation because
he lived on a private road that “might not be safe when it rains.”
For information about that problem, go to
http://www.wrightslaw.com/advoc/ltrs/ltr_GA_Mom_child_bus_990909.html
The Georgia Mom’s transportation problems were resolved after Georgia advocate Becky
Milton and New Hampshire psychologist John Willis stepped in to help.
You can read the “inside story” in the October 21 1999 newsletter:
http://www.wrightslaw.com/advoc/nwltr/1999/nl_99_1021.html
We are receiving many emails from parents whose disabled children are not being
transported to and from school. For example, this week, a parent wrote:
“I would appreciate some advice on the transportation of our special needs child to
school.”
“In the afternoon, my son is transported from school in a small bus that pulls into a
parking lot next to the house. In the morning, they send a big school bus that has no ramp
or aide. The transportation department say they can’t use the small bus in the
morning because some kids would be on the bus too long.”
“In other words, the school cannot transport him TO school but will transport him
FROM school.”
“They want my son's grandmother to drive him to school. She is elderly and this would
be a hardship on her. Do you have any suggestions?”
==============
2. CREATIVE SOLUTIONS: HOW ONE PARENT ADVOCACY GROUP DEALT WITH THE “CHALLENGE"
When the parents of disabled children unite and work together, they are a powerful force.
Tidewater Virginia parents formed an advocacy group called PIER (Protecting Individuals
with Disabilities Education Rights).
PIER found that their school district routinely sent disabled kids home early–an hour
early!
Working together, PIER came up with a Creative Solution to the transportation problems in
their district. Here’s the “inside story.”
=================
3. OCR COMPLAINT (December, 1998)
In December, 1998, PIER filed a compliant with the Office for Civil Rights alleging that
Virginia Beach City Public Schools (VBCPS) discriminated against students with
disabilities:
“Students with disabilities were routinely dismissed from school before the end of
the instructional day, required to use separate bus loading and unloading areas, arrived
to school late in the morning, rode segregated buses, and endured unreasonably lengthy bus
rides.”
“Students with disabilities who are dismissed before the end of the school day are
given no meaningful opportunity to cover or makeup the instruction, knowledge or benefits
they have been denied due to early dismissal.”
“Consistent with School Board policy, nondisabled students receive a minimum of 6.5
hours of instructional time per day. In violation of this same School Board policy,
students with disabilities are guaranteed only 5.5 hours. “
PIER supported their claims by conducting a series of observation of the schools:
“To document the early departure of students from schools, members of the community
conducted organized observations of school bus departures from school property at 39
randomly selected VBCPS schools. Documented observations by PIER and data provided by
VBCPS revealed that at 35 of the 39 observed schools, school buses transporting only
students with disabilities departed from schools before the ending time of the
instructional day . . “
PIER advised the school district that they were making observations:
“Throughout the observation period, PIER kept the VBCPS administration appraised of
the fact that observations were being conducted. In late spring VBCPS was verbally
reminded that PIER intended to file a complaint regarding the early dismissals. Final
observations were scheduled, and occurred on June 15, 1998.”
“The morning of June 15, PIER telephoned VBCPS to inform the school district that
observations would be occurring that day.”
At that point, the school district initiated a “cover-up.” As you see, the
“cover-up” backfired:
“When PIER observers arrived at the schools on the afternoon of June 15, they
observed buses being rerouted back to school parking lots by security guards and heard
announcements on PA systems and bus radios that buses were not to leave school property
until the general education students were dismissed.”
“Students with disabilities were observed to be waiting outside of the school
building or sitting on buses for up to thirty minutes until the end of the school day for
nondisabled students.”
“PIER faxed a handwritten note to VBCPS the next morning, after being unable to reach
VBCPS Administration by telephone the afternoon before. The note informed VBCPS that PIER
was halting observations because of the hardship placed on the students with disabilities
the day before while waiting outside in the heat and on stifling hot buses.”
“Apparently, instructions had been sent by VBCPS Administration to schools on June 15
informing the schools not to allow buses to leave the school property early. However this
directive merely stopped buses from leaving early, not students with disabilities from
being dismissed before their nondisabled peers.”
In their OCR Complaint, PIER made several allegations:
“VBCPS has a predetermined policy that students with IEPs will have a 5.5 hour
program as evidenced by the VBCPS's current IEP form that states, "All students
should have the availability of receiving a full (5.5 hours) program if determined
appropriate by the IEP committee and included in the student's IEP.”
“Parents are not advised during IEP meetings or at any other point that their
children with disabilities are entitled to a school day of 6.5 hours as provided to
nondisabled students.”
“VBCPS discriminates against students with disabilities by applying a more limited
length of the school day for students with disabilities as compared to the length of the
school day provided for nondisabled students . . . The majority of students with
disabilities need intensive remediation and services in part due to prior mis-education
and denial of equal educational opportunity . . . With this intensive need it is
inappropriate to shorten the school day for students who perform poorly on State-based
testing . . . Indeed a strong argument can be made under Section 504 that these students
are entitled to additional, supplemental services in order for them to attain outcomes
expected for all students.”
You can read the full OCR COMPLAINT at
http://helios.whro.org/cl/eci/bbs/messages/124.html
===========
4. PRESS RELEASE (November 8, 1999)
(A portion of the press release is quoted below.)
VIRGINIA BEACH SCHOOLS AGREE TO RESOLVE ALLEGATIONS OF DISCRIMINATION
“Virginia Beach City Public Schools (VBCPS) has entered into an agreement with the
federal Office for Civil Rights (OCR) to address allegations of discrimination of students
with disabilities. Protecting Individuals with disabilities Education Rights (PIER), a
local community group, filed a complaint with OCR in December alleging VBCPS systemically
discriminated against students with disabilities who required transportation
services.”
“Students with disabilities were routinely dismissed from school before the end of
the instructional day, required to use separate bus loading and unloading areas, arrived
to school late in the morning, rode segregated buses, and endured unreasonably lengthy bus
rides.”
“In 1998 PIER conducted observations at 39 randomly selected schools. Ninety percent
of these schools dismissed students with disabilities before the end of the instructional
day. PIER observed 347 incidents of buses leaving school before the end of the
instructional day. VBCPS provided documentation indicating that all of these buses were
used to transport students with disabilities.”
“VBCPS has agreed to take additional steps to resolve the complaint.”
“The agreement with OCR requires VBCPS to modify the school district's individualized
education program procedures to include a particular written plan to address
transportation issues, to provide transportation information to parents through a
newsletter, and to develop a brochure to notify families of transportation
requirements.”
“The agreement by VBCPS to resolve the complaint closes this phase of the OCR
investigation initiated in February that included a four day on-site investigation by OCR
staff in May.”
“Some students with disabilities may need separate transportation services, a
shortened school day or other special transportation services. PIER fully supports the
right of parents to have these needs met through the IEP (individualized education
program) process.”
“The resolution agreement between OCR and VBCPS will advance the civil rights of
students with disabilities. PIER is pleased that VBCPS has agreed to resolve the complaint
rather than continue with an even more lengthy and expensive OCR investigation.
Cooperation by VBCPS with parents will result in more dollars being spent on education and
fewer dollars being used for administrative and legal fees. Children with disabilities
have won a significant battle to receive equal educational benefits.”
“Parents of children with disabilities who continue to experience discrimination can
contact PIER at 757-461-8007 or OCR at 202-208-7670.”
The full text of the Press Release is at
http://helios.whro.org/cl/eci/bbs/messages/128.html
===============
5. WRIGHTSLAW CREATIVE SOLUTIONS AWARD GOES TO PIER!
The members of PIER are parents of children with disabilities. Working together, these
parents challenged the school district’s policies and prevailed. They were patient,
determined and creative. Hundreds of disabled children will benefit because of their
efforts.
We are pleased to announce that PIER has received the WRIGHTSLAW CREATIVE SOLUTIONS AWARD.
We are sending FIVE copies of WRIGHTSLAW: SPECIAL EDUCATION LAW to PIER to help them
continue their advocacy efforts.
Congratulations!
==================
6. THIS WEEKEND: THE ACT NOW CONFERENCE IN PITTSBURGH
Don’t forget to register for the ACT NOW Conference, Sheraton Inn Station Square,
Pittsburgh PA, SATURDAY, NOVEMBER 13, 1999.
The ACT NOW Conference (Achieving Communities Together Now) is being planned and
implemented by parents. The Conference will focus on special education, IEPs, inclusion,
health care, mobility, planning for the future, and lobbying - issues that parents of
disabled children deal with every day.
PETE WRIGHT will give the Keynote Address.
The ACT NOW Conference is sponsored by the Center for Creative Play and the Pennsylvania
Developmental Disabilities Council.
For information about the Conference, call Kathy Bauer at 412-343-4379 or send an email to
Kathy Bauer at bauer_house@adelphia.net
=============
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
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Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.
END