To qualify for a 504 plan, a physician must first sign a statement (1) identifying the student’s disability or health need, (2) an explanation why the student has a dietary need or allergy, (3) an explanation how the disability or health need constitutes a major life activity, and (4) an explanation what the school can do to address the matter. The next step will be to share this information with school personnel and schedule a meeting to develop a 504 plan.

What types of 504 accommodations might be available to students who have special dietary needs or food allergies? Consider these examples:

• Diabetes
  • Schools may be obligated to hire a certified school nurse or RN in the building when there are diabetic students in schools.
  • School staff may be required to ensure that a student with diabetes eat snacks throughout the day.
  • School staff may be required to know where insulin and hypoglycemia supplies are stored.
  • School staff may be required to monitor glucose levels.
• Cystic Fibrosis
  • Students with cystic fibrosis may require additional calories, and the school may be required to provide either larger food portions or a high calorie diet.
• Allergies
  • A student is allergic to a specific food ingredient. The school nutrition staff may be required to make food substitution or modifications.
  • The school nurse may be required to be trained to give epinephrine to alleviate allergic reactions.
• Feeding difficulties
  • A student cannot chew solids and must consume liquid diets. The school nutrition staff may be required to provide a liquid diet.
  • School staff may be required to hire a qualified person to assist a student who feeds through a tube.
  • School staff may be required to assist a student who is unable to feed herself.

The United States Department of Agriculture has an excellent primer titled “Accommodating Children with Special Dietary Needs in the School Nutrition Programs.” The entire 59 page manual is available here. (If you want even more information beyond the USDA’s primer, check out this 200 page course manual.) The USDA also has published other resources here.

Guidance to developing a 504 plan for food allergies may be found here. A sample 504 plan for students with diabetes may be found here and there. The American Celiac Disease Alliance has a model 504 plan for students with celiac disease.

© 2010, Matthew Stoloff. All rights reserved.

Food Allergies and Special Dietary Needs in School originally appeared on Matthew Stoloff's Blog on June 28, 2010.

Related posts:

1. Students with Disabilities and Extracurricular Activities
2. Mohawks, Tattoos, and Facial Piercings… in School
3. Are IEPs Necessary for Service Animals?
4. School Bullying, Intimidation, & Harassment
5. Services at Public Expense for Students with Disabilities in Private Schools

Since I was born profoundly hearing impaired and am a practicing special education attorney, I offered some general thoughts based on my own personal and professional experience. I would like to share some of these thoughts in this blog post.

In developing an IEP for the upcoming kindergarten school year, it is important to break things down in smaller components:

1. What do you want your kids to learn?
2. What teaching methods do you want the teachers to adopt?
3. What accommodations or modifications do your kids need in order to do well in school?

If you want your kids to learn sign language, whether it’s SEE (Signed Exact English) or ASL (American Sign Language), you have got to talk about that with the IEP team. If you want the teachers to use an FM system or use both visual and audio cues, talk about it. If your kids need an interpreter or need to sit in a particular location for effective lipreading, talk about it.

If your kids cannot hear music, or can hear music but not understand the words, what is the best way to deal with that? If your kids are lipreaders, you want to make sure that the teacher isn’t covering her mouth when reading a story from a book. Similarly, if your kids are lipreaders, how will the teacher/school deal with puppet shows or movies without captioning?

If you want your kids to speak, you need to discuss speech therapy services for the upcoming school year as well. When thinking about speech therapy services, you need to think about how many hours of services your child should receive each week in order for this service to be effective.

It’s probably not too early to think about whether a FM system might be helpful at this stage. Discuss it with the audiologist and speech pathologist.

Social issues should be addressed, but I think kindergarteners tend to be quite social and get along with other kids with disabilities. As kids get older, friendships become more challenging, especially when you move to a different school district where kids haven’t been exposed to children with disabilities.

As HOH/deaf children graduate from kindergarten to elementary school, the IEP becomes more complex because language is increasing exponentially and the IEP team need to discuss more sophisticated technologies, such as cued speech interpreters and Computer Assisted Real Time Captioning (CART).

There are some excellent IEP/special education resources for parents who have hard of hearing and deaf children. One of these resources can be found at Help Kids Hear – Advocacy for Your Hearing Impaired Child.

© 2010, Matthew Stoloff. All rights reserved.

IEPs for HOH/Deaf Kindergarteners originally appeared on Matthew Stoloff's Blog on May 31, 2010.

Related posts:

1. Communicating with the Deaf and Speech Impaired
2. Are IEPs Necessary for Service Animals?
3. Deaf People are not Deaf to Justice

Some parents, however, do not seem to realize how important it is to share the entire file with their special education attorney at the initial consultation.

In the mind of every special education attorney, every single document is important, no matter how old it might be and no matter how irrelevant a particular document may appear. So, when a special education attorney asks, “Please bring every document that you have in your file,” they really do mean that. Even if you think that a document is irrelevant or “too old,” show it to your attorney anyway. Let your attorney make the decision whether it is relevant or not. You will not waste the attorney’s time by sharing too many documents.

By and large, many of these IEPs, evaluation reports, waiver forms, and correspondences between you and the school are very, very important. In fact, they are among the most important pieces of evidence. Without having had the opportunity to carefully review these documents, it is impossible for any special education attorney to make an educated guess what can be done from here on in.

Thus, if you have a child in the 9th grade who had his first IEP in the 4th grade, I want to see that 4th grade IEP; it is most likely very relevant to your case. If you signed a form waiving reevaluation, I want to see the form; it is most likely very relevant to your case. If you have an evaluation report that was done “ages ago,” I want to see that report; it is most likely very relevant to your case.

Sadly, I’ve had a meeting or two where parents neglected to furnish copies of a medical report, an audiology report, or the first IEP report, because the parents didn’t think it was important. When this happens, it can be particularly frustrating for the parents because they will need to find the documents and then return for another meeting. To save time and money, locate every document that exists, and then organize it either by date or by topic (e.g., IEPs / evaluation reports / progress reports / etc), and bring it to the consultation meeting.

To sum up, if you have any of the following documents (or if you know that the school district has copies of these documents), make a copy and show them to your special education attorney at the initial consultation:

• all of the evaluations (whether done by the school district or privately);
• all of the IEPs;
• any and all forms that you signed (including forms that you signed waiving your right to reevaluation);
• all report cards;
• all progress reports;
• all suspension and disciplinary reports (if any); and
• all written correspondences between the school district to you (including any letters/emails suggesting that your son drop out of school).

By organizing your entire file in a systematic way, your special education attorney will appreciate knowing how well prepared you are and will be able to make an informed decision about how to proceed.

For more information about locating and organizing your child’s file, see Wrightslaw’s Organizing Your Child’s Special Education File: Do It Right!

© 2010, Matthew Stoloff. All rights reserved.

Preparing For Your First Meeting With A Special Education Attorney originally appeared on Matthew Stoloff's Blog on May 24, 2010.

Related posts:

1. Special Education Services in Charter Schools
2. Carter’s Service Dog Case
3. Guest Blogger at Connecticut Special Education Lawyer Blog
4. Are IEPs Necessary for Service Animals?

1. the parent has a disagreement with the School District and unilaterally places the child in a private school, or
2. the parent has no disagreement with the School District and unilaterally places the child in a private school.

Under Scenario #1, the parent believes that her child is not being provided a free and appropriate education (“FAPE”) at a public school, which is the reason why the parent is unilaterally placing her child in a private school.

Under Scenario #2, the parent simply believes that the private school will provide a better (or the “best”) education for her child.

I want to focus on one aspect of special education law when Scenario #2 occurs.

There is an interesting issue regarding whether a School District is required to provide special education services to a student with a disability and is enrolled in a private school. The Individuals with Disabilities Education Improvement Act (“IDEIA”) regulation section 300.452 addresses this scenario. This section provides:

(a) General. To the extent consistent with their number and location in the State, provision must be made for the participation of private school children with disabilities in the program assisted or carried out under Part B of the Act by providing them with special education and related services in accordance with Secs. 300.453-300.462.

(b) SEA Responsibility–services plan. Each SEA shall ensure that, in accordance with paragraph (a) of this section and Secs. 300.454-300.456, a services plan is developed and implemented for each private school child with a disability who has been designated to receive special education and related services under this part.

(Authority: 20 U.S.C. 1412(a)(10)(A)(i))

Therefore, in a situation where a parent enrolls her child in a private school, and the child is eligible for services under the IDEIA, it appears that the School District would be required to provide some services. However, the amount of funding for such services would be limited to federal “Part B” funds; and only a proportionate amount of those federal funds would be expended for such services.

How is the “proportionate share” calculated?

The Office of Special Education Programs issued a letter in 2000 that provides the proportional share formula and an extremely useful illustration explaining how to use the formula.

The question whether the School District should provide services to a child with a disability and is attending a private school has popped up from time to time. The regulations appear to address this somewhat adequately. The proportionate amount of federal funding that must be expended is clearly set forth in regulations 300.453(a). Whether the proportional amount of funding for any particular student has in fact been expended will, of course, require, a fact finding investigation.

Perhaps more important than calculating the proportionate share of federal funds is the recognition of the fact that the IDEIA does not require that a School District provide state funds to eligible children placed in private school. Thus, even if a proportional share of federal funds is expended for an eligible child placed in private school under the IDEIA, this does not necessarily mean that the School District will disburse state special education funds. This may be problematic because the amount of funding for special education services may be less than what eligible children placed in private schools would have received had they been enrolled in a public school.

For more information about the regulations governing parentally placed children in private schools, I highly recommend reading the Office of Special Education Programs (OSEP) letter, dated 2000: Parentally Placed Children in Private Schools.

© 2010, Matthew Stoloff. All rights reserved.

Services at Public Expense for Students with Disabilities in Private Schools originally appeared on Matthew Stoloff's Blog on April 19, 2010.

Related posts:

1. Special Education Services in Charter Schools
2. College Bound Students with Intellectual Disabilities
3. Students with Disabilities and Extracurricular Activities
4. Are IEPs Necessary for Service Animals?
5. Twice Exceptional Students: A Primer

The term “twice exceptional” (sometimes denoted by the symbol ‘2e’) refers to individuals who have learning disabilities but are gifted in one or more fields, such as music, art, science, or mathematics. There is no universal definition of the term “gifted,” but many agree that it can mean extremely talented in a particular area or having an unusually high IQ.

“Twice exceptional” is not used to refer to those who may be gifted and physically challenged. Rather, “twice exceptional” is reserved for those who are gifted and exhibit some type of learning, behavioral, social, and emotional deficit. For example, individuals who excel in mathematics and have been diagnosed with Asperger’s Syndrome, central auditory processing disorder, dyslexia, schizophrenia, or attention deficit hyperactivity disorder may be classified as “twice exceptional.” Thus, “twice exceptional” students are students who need assistance with improving deficits while improving their strengths.

As many academics and practitioners have observed, these twice exceptional students are something of a paradox (see, e.g., Gifted But Learning Disabled: A Puzzling Paradox and Gifted and Learning Disabled: Twice Exceptional Students). On the one hand, they have above average skills in certain areas, but on the other hand, these same students have poor or below average social skills, or severe emotional deficits, or other comparable deficiencies.

Special education services are available for twice exceptional children, but in order to be eligible, evaluations must be conducted and assessments must be made. Once a student has been identified as having a disability (and subsequently found to be twice exceptional), the student may be eligible to receive appropriate supports, such as accommodations and modifications, to succeed in school. Linda Silverman gives a good overview of the identification and assessments in “Gifted Children with Learning Disabilities: Lost Treasures.” To gain further insight, see Mary Ruth Coleman’s “The Identification of Students Who Are Gifted.”

Familiarity with your state’s laws and regulations governing services and programs for the gifted, talented, and twice exceptional is very important. It is best to start with your state’s Department of Education. The New Jersey’s Department of Education, for instance, has a very helpful Frequently Asked Questions about Gifted and Talented Services. There are also state-specific Gifted Children associations that may be able to provide assistance to you and your child. The New Jersey Association for Gifted Children is one such organization.

There is far more information about twice exceptional students and the different ways of educating these students than there were years ago. The internet has been a very important resource for parents of twice exceptional children. These links are worth looking into: Twice Exceptional Children (2e) from Wrightslaw, Twice Exceptional from the Council for Exceptional Children, and Hoagies’ Gifted Education Page. There are also blogs such as 2e: Twice Exceptional Newsletter and Eide Neurolearning Blog.

To find a twice exceptional program for your child, see this interactive map.

© 2010, Matthew Stoloff. All rights reserved.

Twice Exceptional Students: A Primer originally appeared on Matthew Stoloff's Blog on March 29, 2010.

Related posts:

1. College Bound Students with Intellectual Disabilities
2. Students with Disabilities and Extracurricular Activities
3. Services at Public Expense for Students with Disabilities in Private Schools

In that same blog article, I mentioned that the Columbia School District had argued that Carter could not bring his service dog to school because it was not in his IEP. I wondered how a judge would respond to that argument.

On December 17, 2009, Judge Wexxsten issued an opinion, granting a preliminary injunction permitting Carter to bring his service dog to school.

Put simply, a preliminary injunction is an order to do something or not to do something. It is a quick temporary remedy until the merits of the case are decided. Think of it as a band-aid that doesn’t stick a long time. In this case, the judge issued an order allowing Carter to bring his service dog to school. Carter’s right to bring his service dog to school is temporary, however, because the preliminary injunction does not answer the question, “Does Carter have a legal right to be accompanied by his service dog to school?” If the answer is “Yes,” then Carter will have a right to bring his service dog to school. If the answer is “No,” then Carter will not be able to bring his service dog to school.

In order to win a motion for a preliminary injunction, the moving party (e.g., Carter) must be clear and persuasive. In addition, the moving party must show all four basic elements to win the motion, in essence: (1) there is a right to do or not to do something; (2) harm could be caused if the motion is not granted; (3) there is no alternative; and (4) the moving party is likely to win on the merits.

Judge Wexxsten found that Carter was successful in arguing each of these four elements. Judge Wexxsten provided a clear and concise analysis, finding that Carter had a right to a service dog; that Carter would be harmed if he could not bring his service dog to school; that Carter had no alternative to having a service dog; and that Carter was likely to win on the merits.

Judge Wexxsten’s opinion is worth the read. A copy of the Kalbfleisch opinion may be downloaded here.

© 2010, Matthew Stoloff. All rights reserved.

Carter’s Service Dog Case originally appeared on Matthew Stoloff's Blog on March 8, 2010.

Related posts:

1. Are IEPs Necessary for Service Animals?
2. Service Animals in the Schools

Along with other special education attorneys who blog, I have previously discussed the importance of IEP transition planning (“The Day After Graduation“). I have written that it is never too early to think about what happens to your child the day after graduation. By the time 9th, 10th, or 11th grade rolls around, some students with disabilities, including those with intellectual disabilities, will start thinking seriously about going to college.

It is important individuals with intellectual disabilities who plan to go to college have a basic understanding of disability rights laws such as the Americans with Disabilities Act and Section 504 of the Rehabilitiation Act of 1973.

In addition, it is important to have some familiarity with the Higher Education Opportunity Act (HEOA). Many parents and students with disabilities have not heard of this law. At the time of this writing, even Wikipedia did not have an entry for HEOA (though it does have an entry for the Higher Education Act of 1965). This is not surprising since the HEOA is a fairly recent statute that President George W. Bush signed into law on August 14, 2008.

The HEOA is a law that covers a variety of areas related to higher education. For example, the law increases student aid. It also requires that higher education institutions comply with certain requirements and issue regular reports, such as drug and alcohol related violations on campus.

Parents of college students or college-bound students with intellectual disabilities should be familiar with HEOA because the law imposes requirements that colleges and universities develop effective transition programs and ensure that students with intellectual disabilities obtain appropriate transition services.

Under the HEOA, a “student with an intellectual disability” is one who has a developmental disability or cognitive impairment. Interestingly enough, the HEOA points out that a student who has an intellectual disability and was eligible under the Individuals with Disabilities Education Act meets the definition of a “student with an intellectual disability.”

Key aspects of the statute is that it allows students with intellectual disabilities to:

• Qualify for Pell Grants, Federal Supplemental Education Opportunity Grant (FSEOG), and Federal Work Study under certain circumstances (section 485);
• Receive support from the Talent Search and Upward Bound programs (section 403);
• Receive supports to prepare for undergraduate programs (section 404);
• Obtain common financial aid forms in an accessible format of the student’s choice (section 483);

Perhaps the most significant part of the HEOA is Title VII (section 701 et seq.), which provides students with intellectual disabilities a comprehensive transition program in a degree, certificate, or non-degree program.

Accordingly, under the HEOA, federal funds may be used for supports, services, as well as programs to promote inclusion of students with intellectual disabilities in academic and extracurricular programs. Funds may also be used to increase or promote socialization, independent living skills, and integrated work experiences for students with intellectual disabilities.

The fact that colleges and universities may use federal funds to assist students with intellectual disabilities to acquire independent living skills or to promote inclusion is significant. Although the HEOA is not identical to the Individuals with Disabilities Education Act, it is as if the spirit of the IDEA is being stretched out to the university campus.

Parents of children with intellectual disabilities who want to go to college should explore what HEOA may have to offer. As part of the college or university selection process, it is a good idea to speak with someone in disability services about services and supports that may be available under the HEOA, as well as under Americans with Disabilities Act and Section 504 of the Rehabilitiation Act of 1973.

For more information about choosing the right college for individuals with intellectual disabilities, Think College! is a fantastic starting point.

Below is an hour-long video of UCLA Professor Olivia Raynor’s outstanding presentation of the benefits and challenges of college life for individuals with intellectual disabilities. The video is captioned; first click play, then click on the “CC” button on the lower right hand corner of the video screen to activate the captioning.

© 2010, Matthew Stoloff. All rights reserved.

College Bound Students with Intellectual Disabilities originally appeared on Matthew Stoloff's Blog on March 1, 2010.

Related posts:

1. Services at Public Expense for Students with Disabilities in Private Schools
2. Students with Disabilities and Extracurricular Activities
3. Twice Exceptional Students: A Primer

I’m glad that Jennifer found my article, “The Day After Graduation,” worthy of publication on her blog. This is an article that encourages parents who have children with disabilities to think about what will happen to their children after they graduate from school. I feel that this is an important article because I have, unfortunately, seen parents who realize too late that their children aren’t ready for graduation–either the annual IEP goals were not met, or the transition planning were not developed properly.

After reading “The Day After Graduation,” be sure to check out the many, many special education articles posted on Jennifer’s blog.

Thank you again, Jennifer!

© 2010, Matthew Stoloff. All rights reserved.

Guest Blogger at Connecticut Special Education Lawyer Blog originally appeared on Matthew Stoloff's Blog on February 25, 2010.

Related posts:

1. Summer Blog Post Round-up
2. The Lovely Blog Awards: My 15 Nominees
3. Preparing For Your First Meeting With A Special Education Attorney
4. Special Education Services in Charter Schools

• Aspergers, Autism, and Ambivalence: On Losing My Label
• Autism and Aspergers in the DMV-V: Thoughts on Clinical Utility
• Autism, Aspergers, and Definitions: Names Don’t Really Matter
• Is it Autism or Aspergers, Part 2?
• Aspergers No More!
• No More Aspergers Syndrome?

Although the final edition of the proposed DSM-V will not be published until 2013, some people find the move to “merge” Asperger’s with autism disturbing.

Autism spectrum is a neurological disorder. It affects learning, language, social development, and behavior. But not all people with autism are the same. People with Asperger’s are regarded as high functioning individuals who are extremely intelligent, yet their social interactions are poor and their behavior may be awkward. In contrast, some people with autism may have extremely low IQs, as well as poor social and behavioral developments. The differences between a diagnosis of ‘Aspergers’ and ‘autism’ can be significant.

What are the reasons that the American Psychiatric Association (APA) wants to eliminate ‘Aspergers’? According to this report, one reason is because ‘Aspergers’ has become “too vague.”  I found this rationale very interesting since the next edition of the DSM eliminates “substance abuse” and will be replaced by more specific diagnoses, such as “cannabis-use disorder” and “alcohol-use disorder.” Why, then, does the DSM propose to eliminate Asperger’s and opt for generalization such as “low functioning autism” and “high functioning autism”?

To gain better insight, I read the relevant proposed revisions for Asperger’s Disorder in the proposed DSM-V. There, I learned that the rationale for eliminating ‘Aspergers’ is apparently grounded in the view that ‘Aspergers’ may be an overused term (“‘Asperger syndrome’” is used loosely with little agreement”). Furthermore, a single spectrum is just more reflective of the symptoms: patients should be given a diagnosis based on the severity of the symptoms rather than a diagnosis based on a specific “condition” within the spectrum.

Even so, there is at least one report suggesting that certain members of the APA are engaging in politics. Given that the DSM should be grounded in science, any form of politiking associated with the drafting of the DSM ought to be prohibited. Furthermore, the APA is inviting public comment. This, too, is contrary to science. According to one NPR reporter:

The APA has made a big deal of the DSM being the product of an intense scientific process. So if the group changes the contents based on interest group politics, they open themselves to fresh criticism that the DSM is less scientific than claimed.

Dr. Simon Baron-Cohen, the director of Autism Research Center at Cambridge University, wrote an op-ed in the New York Times. Dr. Cohen is concerned about the proposed changes in the DSM because there has not been sufficient scientific and cultural research to justify the change. He writes:

[S]cience hasn’t had a proper chance to test if there is a biological difference between Asperger syndrome and classic autism. My colleagues and I recently published the first candidate gene study of Asperger syndrome, which identified 14 genes associated with the condition. . . . We don’t yet know if Asperger syndrome is genetically identical or distinct from classic autism, but surely it makes scientific sense to wait until these two subgroups have been thoroughly tested before lumping them together in the diagnostic manual. I am the first to agree with the concept of an autistic spectrum, but there may be important differences between subgroups that the psychiatric association should not blur too hastily.

See also Dr. Roy Richard Grinker’s New York Times op-ed, which adopts a different viewpoint.

It remains to be seen whether Asperger’s will ultimately be lumped into autism and what impact this will have on special education. There is some concern that the proposed changes could affect special education services. One report, however, suggests that schools in Wisconsin and Minnesota will not be affected if the changes take place.

How the proposed changes could ultimately affect students with Asperger’s in school is a complex issue that special education attorneys will need to be prepared to address.

Even if the DSM-V is adopted, there is, arguably, nothing to stop psychiatrists, psychologists, and other health care professionals from using the term ‘Aspergers.’ And there is, of course, nothing to stop “Aspies” from describing themselves as such–they are proud of it.

© 2010, Matthew Stoloff. All rights reserved.

Whither Aspergers? originally appeared on Matthew Stoloff's Blog on February 17, 2010.

No related posts.

Charter schools are elementary or secondary schools in the United States that receive public money but have been freed from some of the rules, regulations, and statutes that apply to other public schools in exchange for some type of accountability for producing certain results . . .

In Charters: Students With Disabilities Need Not Apply?, Thomas Hehir reminds us that charter schools are not exempt from special education law. Indeed charter schools must comply with the Individuals with Disabilities in Education Act, Section 504, Americans with Disabilities Act, as well as applicable state anti-discrimination laws. Randy Chapman, the Director of The Legal Center for People with Disabilities and Older People in Colorado, provides a concise overview of the laws that charter schools must comply with in The IDEA and Charter Schools. For more specific examples in Question and Answer Format, see the Pennsylvania Education Law Center’s pamphlet, Students With Disabilities Attending Public Charter Schools.

Yet, according to studies and anecdotal evidence that Mr. Hehir cites, charter schools apparently serve few students with disabilities and may be discouraging students with disabilities from enrolling.

There is at least one white paper about the special education challenges that charter schools must face: Lauren Morando Rhim’s Special Education Challenges and Opportunities in the Charter School Sector (NCSRP Working Paper # 2008-12, Center on Reinventing Public Education) (cited with permission).

This paper clearly illustrates the many special education issues that charter schools face due to their small size. Here is an excerpt:

[C]harter schools are generally too small to realize economies of scale when it comes to special education staff or programs. For instance, a charter school with a child with autism is required to provide the same services and supports as a district with a large number of children with autism. Furthermore, the district can place the students with autism in a single school and concentrate specialized staff, materials, and equipment, thereby distributing the overall program cost across multiple children. A charter school with only one or two children with autism cannot distribute the cost of the services across multiple students.

If charter schools are too small to realize economies of scale, then parents and their children will, inevitably, face challenges too.

Another interesting challenge for parents of students with disabilities is that a charter school can be its own district or it can be its own Local Educational Agency (LEA), which may be problematic. A good overview of these two challenges can be found in Public Charter Schools and Students with Disabilities. For more details about the relationship between charter schools and LEAs, I suggest reading Charter School Legal Status and Linkage to an LEA.

In late 2009, the Boston Globe ran a story, Charter schools lag in serving the neediest, which questioned the successes of charter schools due to the fact that charter schools recruit fewer children with special needs and children whose native tongue is not English. The reporter asked a very important question: “Are many charter schools achieving dazzling [achievement test] scores because of innovative teaching or because they enroll fewer disadvantaged students?”

I don’t know the definitive answer to that question, though the evidence we have seems to suggest that charter schools aren’t terribly in favor of school diversity. Based on what I’ve read thus far, it appears that school segregation is increasingly becoming a hot topic once again–this time in charter schools.

When charter schools do not serve the needs of disadvantaged students, including students with disabilities, this gives the public a distorted view why charter schools may be so successful.

Whether or not the public has a distorted view of charter schools, the reality is that there are more than 5,000 charter schools throughout the country. That number will surely increase; and the government, children’s advocates, and special education attorneys must work together to ensure that charter schools comply with applicable federal and state laws governing special education.

Charter schools are a viable option for many children. In some cases, it may be a viable option for children with disabilities. Before enrolling your child at a charter school, it is important to do your research and due diligence. If you are considering finding a charter school for your child, see this map.

© 2010, Matthew Stoloff. All rights reserved.

Special Education Services in Charter Schools originally appeared on Matthew Stoloff's Blog on February 1, 2010.

Related posts:

1. Services at Public Expense for Students with Disabilities in Private Schools
2. Are IEPs Necessary for Service Animals?
3. Service Animals in the Schools
4. Students with Disabilities and Extracurricular Activities
5. Preparing For Your First Meeting With A Special Education Attorney

Generally speaking, parents will claim that their child’s misbehavior is involuntary and a manifestation of a disability.

In contrast, teachers and school administrators may claim that there is nothing wrong with the child’s health: the child’s misbehavior is voluntary and willful. The child is simply “lazy,” “stubborn,” “insolent,” “maladjusted,” “high-strung,” or “anti-social.”

Consider these examples:

• A student is unable to focus on any particular subject for longer than 10 minutes at a time and can only complete a portion of the work within a specified period of time (laziness or a possible manifestation of Attention Deficit Hyperactivity Disorder?);
• A student repeatedly talks out loud in the classroom at inappropriate times (stubbornness or a manifestation of Tourette’s Syndrome?);
• A student refuses to listen to the teacher’s instructions (insolent or a manifestation of Oppositional Defiant Disorder?);
• A student becomes irritated and uncooperative when subjects are not being taught according to the regular schedule (maladjusted or a manifestation of Asperger’s Syndrome?);
• A student must repeatedly leave the classroom to wash her hands at inappropriate times (high-strung or a manifestation of Obsessive Compulsive Disorder?);
• A student is unable to respond appropriately when assigned to a partner or team (anti-social or a manifestation of autism?).

In many of the examples given above, the student’s misbehavior may disrupt not only her own education, but her peers as well. For example, a student who sits in front of the classroom and appears to have an urgency to wash her hands repeatedly every 30 minutes will cause a slight disruption to others in the classroom by getting up, walking towards the back of the classroom for the restroom, then returning to the classroom again. Similarly, a student who is unable to control his speech during a test will disrupt his classmates’ concentration during the testing period.

In such instances, these students may need modifications, accommodations, and/or a Behavior Intervention Plan (“BIP”) in order to minimize classroom disruption, improve appropriate behavior, and maximize the learning process.

How might that work? Here are two examples:

Example #1: It seems fairly clear that if a student who suffers from Obsessive Compulsive Disorder and feels an overwhelming urgency to wash her hands every 30 minutes like clockwork, the student should be placed in the back of the classroom, nearest to the door leading to the hallway. This way, the disruption to the rest of the class is minimized. This is a modification. However, we must also keep in mind that so long as the student is in the restroom to wash her hands, she is missing important classroom instruction. So, perhaps an accommodation in the form of a note-taker or digital tape recorder would be appropriate. This way, the student won’t miss anything; and disruption to education is minimized. Equally important, the student will not be disciplined for leaving the classroom at inappropriate times.

Example #2: It has been observed that individuals with Tourettes’ Syndrome speak out more often because of stress. In other words, stress may be one factor that is triggering a student with Tourettes’ Syndrome to speak out more often. Thus, teachers and specialists will need to observe closely to determine what, if anything, is triggering a student to speak out loud. All relevant observations should be recorded. Ideally, these observations will also tell us when the outbursts are occurring. These observations will be helpful in developing a Behavior Intervention Plan (“BIP”), which will help teachers utilize methods to reduce the frequency of inappropriate outbursts.

Caption: A student is about to throw a paper plane while class is in session.

So, where do we begin?

If a student is misbehaving, and it is suspected that this may be a manifestation of a disability, the child should be evaluated and a Functional Behavioral Assessment (“FBA”) may need to be conducted. Without medical and psychological evaluations, we cannot know whether a student’s misbehavior is voluntary or a manifestation of a disability. In some cases, we cannot begin to know how to address a student’s misbehavior without a FBA.

In the examples given above, the FBA may not be necessary for students who suffer only from Obsessive Compulsive Disorders (Example #1), but it may be helpful for students who suffer from Tourettes’ Syndrome (Example #2).

In all cases, it is very important that parents and school administrators work together as a team to develop effective ways of addressing the behavior while maximizing education.

To see a sample FBA form, see this document from Utah State University.

For a sample letter requesting a FBA, see this website.

To learn more about behavior, FBAs, and how to develop positive interventions to address misbehavior, see SchoolBehavior.com and “Functional Behavioral Assessments and Positive Interventions: What Parents Need to Know.” For more technical information, I recommend reading “Functional Behavioral Assessment” and “Functional Behavioral Assessments: What, When, Why, Where, and Who?”

© 2009, Matthew Stoloff. All rights reserved.

Addressing Behavior to Promote Learning originally appeared on Matthew Stoloff's Blog on December 21, 2009.

Related posts:

1. Twice Exceptional Students: A Primer
2. Students with Disabilities and Extracurricular Activities

• The Individuals with Disabilities in Education Improvement Act;
• Section 504 of the Rehabilitation Act of 1973;
• State education law;
• Case law;
• How to file for a due process petition;
• How to make a case before the due process hearing officer; and
• The student’s disability.

It also requires a good appreciation of the following:

• How a particular disability impacts the student’s education at school;
• The different tests that have been designed to measure the student’s deficiencies;
• How these tests differ from each other; and
• What is being measured and what the scores indicate.

Practicing attorneys will be well versed in any particular area of law that they focus on. Procedural issues are usually straightforward in most cases. But perhaps the most challenging aspect of trying special education cases is understanding the different tests that psychologists utilize and what the scores indicate.

In every special education case, attorneys must constantly ask: (1) What test was implemented? (2) Why was this test implemented? (3) Are we sure that this is the right test? (4) Why not this test or that test? (5) What does the test measure? (6) How do these numbers (scores) explain the student’s deficiencies? (7) How can we show that this test or that test is a better measurement of the student’s deficiencies? (8) Shouldn’t more tests be conducted? (9) Should we get another evaluation? (10) Where do we go from here?

Since there are many different types of learning disabilities, the science and math of the various tests that are designed to detect a child’s learning disability require considerable time to grasp.

But understanding each specific test is not an easy task. There are hundreds, if not thousands, of tests. Our understanding is compounded by new tests that somehow appear out of thin air, as well as new test versions that replace old versions.

A young student listens to instructions.

Consider, for example, the types of tests that psychologists may give to a student suspected of having dyslexia: Wide Range Achivement Test (WRAT), Woodcock-Johnson Test (WJR), Peabody Individual Achievement Test Revised (PIAT-R), Woodcock Reading Mastery Test Revised, Gray Oral Reading Test (GORT), Slosson Oral Reading Test Revised (SORT-R), Comprehensive Test of Phonological Processing (CTOPP), among others.

What are the differences between all of these tests? Well, there are many theories. And this is why it is important to learn as much as we can about these tests, understand as much as we can about the limits of each test, and ask psychologists as many questions as we possibly can to gain as good an understanding as possible.

A great starting point to learn about the different tests that are available for specific (suspected) disabilities may be found at Test Reviews Online. More information about each specific test may be found at the List of Tests. WrightsLaw’s Assessments, Evaluations, and Tests, which contains an extensive list of articles, will help lay down the groundwork for understanding how your child performed on his or her tests.

In addition, I highly recommend reading Jennifer Laviano’s five important tips about tests and measurements (see below with links). Jennifer is a special education attorney who practices in Connecticut and blogs extensively on special education issues. Jennifer’s five tips are outstanding, and her blog articles are worth the read:

Tip #1: Pay Attention to Subtests

Tip #2: Don’t Compare Apples to Oranges

Tip #3: Be Suspicious of Strict Rules of Eligibility

Tip #4: Learn About Rating Scales

Tip #5: Use the Right Assessment Tool

Unless a special education attorney was once a psychologist in a past lifetime, special education attorneys cannot be familiar with all of the tests that are available and cannot be expected to explain the discrepancies between scores or between tests. However, we can certainly learn as much as we can by consulting with as much material as possible, talking with other special education attorneys, attending seminars and conferences, talking with school psychologists who performed the initial testing, talking with independent psychologists who performed the Individual Educational Evaluation, and/or examining witnesses at due process hearings.

Having said that, it is extremely important that parents of children with learning disabilities understand psychoeducational testing. Every child with a learning disability depends on someone who can implement the right test and interpret the scores accurately. Who better than parents to ensure that their children have been tested properly and are making progress on a year-to-year basis?

Learning about the different tests and what the scores mean are not easy tasks. But it is do-able. Learn what you can. A little knowledge will go a long way.

© 2009, Matthew Stoloff. All rights reserved.

Tests, Measurements, and All That Jazz originally appeared on Matthew Stoloff's Blog on December 7, 2009.

No related posts.

The importance of extracurricular activities cannot be overemphasized, particularly for students with disabilities who are mainstreamed because it provides an opportunity for them to learn new skills, improve their talents and self-esteem, and develop relationships with their peers. In addition, when students with disabilities participate in extracurricular activities, other “nondisabled” students will look past one’s “disability” and focus more on one’s talents and skills.

Therefore, it is important that parents understand that students with disabilities have the right to participate in extracurricular activities at school.

The federal law known as Section 504 of the Rehabilitation Act requires that public schools provide students with disabilities equal opportunities to participate in extracurricular activities as their non-disabled peers. For those who enjoy reading regulations may refer to 34 CFR Section 104.37.

Many schools must also comply with another applicable federal law that prohibits discrimination on the basis of disability: The Americans with Disabilities Act. Like Section 504, the regulations that public entities (which include schools) must adhere to under the Americans with Disabilities Act are stringent.

Children with disabilities may also be protected by another federal law known as The Individuals with Disabilities in Education Improvement Act. This is a very important law that affords children with disabilities the right to a “free and appropriate education.” A “free and appropriate education” may include gym classes, including physical and occupational therapy, as well as any extracurricular activities that may be available to the general student population.

Under these federal laws, schools must not discriminate against students on the basis of disability and may be required to implement necessary modifications or provide accommodations in order for students with disabilities to participate in extracurricular activities.

Here are a few concrete examples:

1. A student with diabetes who tries out for the cheerleading team may not be excluded because she may need to give herself insulin.
2. A student with autism or Asperger’s Sydrome may not be excluded from participating in Tae Kwon Do classes because he or she is non-verbal.
3. A deaf or hard-of-hearing student may be provided a sign language interpreter to help facilitate communication at a student government club meeting.
4. A student who is blind may be permitted to touch the chess pieces on the board or have someone verbally explain where a piece has been moved to.
5. A school would be required to provide wheelchair accessible mode of transportation for a disabled student who wishes to participate at an off-site, school-sponsored music training program.
6. A student with mobility issues who wants to play golf but cannot walk long distances may ride in a golf cart.
7. A student who is allergic to nuts may join a baseball team and ask the school to implement a policy prohibiting all team players from bringing, eating, or spitting out sunflower seed shells, pumpkin seeds, and peanuts.

Additional examples of modifications and accommodations are provided in this wonderful article titled, “‘I Know I Can Do It’: Sports are for Disabled People Too.”

Over the years, there have been many interesting cases involving students with disabilities who were denied from participating in extracurricular activities. A summary of some of these cases may be found here and there.

The purpose of this article was to inform parents that extracurricular activities play an important role in every child’s life. Children with disabilities who participate in extracurricular activities develop skills and talents and friendships. Children with disabilities have the right not to be discriminated against on the basis of disability. Moreover, schools may not deny children with disabilities the opportunity to participate in extracurricular activities.

If your child has a disability and is interested in participating in an extracurricular activity, but has not been able to do so, your child may be a victim of disability discrimination. It is important that you advocate on behalf of your child and speak with the school to find out why your child has not been afforded an opportunity to participate in an extracurricular activity of his or her choosing. If you are unable to make headway with the school, you may wish to consult with a child advocate or a special education attorney for assistance.

© 2009, Matthew Stoloff. All rights reserved.

Students with Disabilities and Extracurricular Activities originally appeared on Matthew Stoloff's Blog on November 16, 2009.

Related posts:

1. Services at Public Expense for Students with Disabilities in Private Schools
2. College Bound Students with Intellectual Disabilities
3. Twice Exceptional Students: A Primer
4. Are IEPs Necessary for Service Animals?
5. Special Education Services in Charter Schools

In a previous blog post, I discussed the law and issues relating to service animals who accompany children with disabilities to school. Thus far, I have not discussed whether it is necessary to have an Individualized Education Plan (IEP) in order to bring a service animal to school. Those of you who have been reading my blog for some time probably know the answer to this question.

Caption: A boxer dog lies down with her head on a laptop.

Briefly, an Individualized Education Plan (IEP) is a written document that consist of goals and objectives agreed to by the parents and school district on behalf of an eligible child with a disability. The IEP will also contain the necessary accommodations, modifications, and services that the school must provide in order for the eligible child to gain a meaningful and beneficial education.

The IEP is governed by a federal law known as the Individuals with Disabilities Education Improvement Act (IDEIA [but commonly referred to as IDEA]), which guarantees eligible children a free and appropriate education.

Ideally, and when appropriate, the IEP should be designed to address the child’s educational, developmental, social, and functional needs. Thus, once a child has been identified as an eligible child, parents and the school district will meet to discuss what accommodations the child needs, what modifications are necessary for the child, and what other services the child requires in order to develop intellectually, physically, and emotionally. For additional information on IEPs, I recommend visiting Jennifer Laviano’s Connecticut Special Education Lawyer blog, the A2D Educational Advocates blog, and The WrightsLaw Way.

There seems to be conflicting information on the internet whether service animals are required to be in the IEP. This confusion is natural because the Individual with Disabilities Education Improvement Act is complex, and there are other federal disability laws at play: The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Both the ADA and Section 504 prohibit discrimination on the basis of disability. Virtually all schools are covered by the ADA, and schools that receive federal funding are subject to Section 504 requirements.

As I have explained elsewhere on this blog, the ADA protects individuals with disabilities and their service animals. There is no age limit or age requirement to be eligible under the ADA. So, all individuals who meet the ADA definition of “disability”–regardless of age–are protected under the ADA.

Therefore, if schools are places of public accommodations, schools cannot discriminate against children with disabilities under the ADA. It follows that schools cannot prohibit children with disabilities from bringing their service animals to school. Likewise, public schools that receive federal funding may not discriminate on the basis of disability and must develop a 504 plan for students who meet the definition of “disability” and want to bring a trained service animal to school.

So, does a child with a disability need an IEP in order to bring a service animal to school? I don’t think so. Hopefully, the judge in the Illinois case will see it the same way. If the judge does not, it will be interesting to find out why. I, along with many other disability rights and special education attorneys, impatiently await the judge’s decision.

© 2009, Matthew Stoloff. All rights reserved.

Are IEPs Necessary for Service Animals? originally appeared on Matthew Stoloff's Blog on November 9, 2009.

Related posts:

1. Service Animals in the Schools
2. Carter’s Service Dog Case
3. IEPs for HOH/Deaf Kindergarteners
4. Service Animals in Training on Airplanes
5. The Year of the (Service) Dog