Delaware Special Education Due Process Hearing Decisions & Administrative Complaint Resolutions Released For Four Districts & One Charter School

Three Delaware Due Process Hearing and two Administrative Complaint decisions were put on the Delaware Department of Education website with varied results.  The Due Process cases involved the Colonial School District, Brandywine School District, and a combined case against Delaware College Prep and the Delaware DOE.  As well, an Administrative Complaint decision involving the Red Clay Consolidated School District prevailed for the district where another Administrative Complaint involving the Milford School District prevailed for the student.

In most of these cases, there were complaints around Independent Educational Evaluations in terms of the costs and the timing of them.  Other cases involved residential treatment center costs, a school making sure IEP accommodations were followed, and statute of limitations.  These are important decisions to read.  Parents can avoid many pitfalls by reading these and seeing what they shouldn’t do.  Special education is complicated enough but even a careless error on a parent’s part can lead to future ramifications.  All schools, districts, and teachers should read these as well.  Special education will never get better unless the players are informed of their rights in all sides of the issues.  Many of these cases involve timing, on either the school or the parent’s part.  The Brandywine case is very interesting.

Many schools in Delaware start up again in two weeks.  Many parents will be requesting IEPs or updates to existing ones.  Now is the time to see what cases are setting precedence!

Due Process Hearing: Colonial School District Vs. Student

Due Process Hearing: Student Vs. Brandywine School District

Due Process Hearing: Student vs. Delaware College Prep and Delaware Department of Education

Administrative Complaint: Student Vs. Red Clay Consolidated School District

Administrative Complaint: Student Vs. Milford School District

 

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Delaware Special Education Due Process Hearing Showcases What Rights A Parent Should NEVER Give Up

A recent due process hearing in Delaware, filed by the parents of a child with a mood disorder, gave an example of the first thing parents should not do with special education.  The due process hearing was against the Cape Henlopen School District.  The parents claimed the district did not fulfill their obligation under IDEA with manifestation determination.  The case also showed a glaring flaw with special education law in the Delaware code, one I hope a legislator picks up on in the 149th General Assembly beginning in January.  Or if a very brave soul with a great deal of tenacity picks up the baton and literally runs for their life during the last two days of the 148th General Assembly and miraculously gets a law like this passed in the next two days, that would be a true miracle.  What did the parents do that ultimately caused a dismissal of the case? Continue reading

Campus Community Loses Two Special Education Due Process Hearings, First Victories For Parents In 4 Years

Campus Community School, a Delaware charter school, recently lost two special education due process hearings.  These were the first due process hearings in Delaware since 2013, and the first time parents won cases in Delaware since 2011.  In both cases, the school was ordered to pay substantial compensatory damages.  Both cases were represented by McAndrews Law Firm, P.C.  In an article the law firm put out today, attorney Lauren O’Connell-Mahler wrote:

The school was further ordered to review and revise the child’s IEP to address absences due to illness, and to provide remedial education to its staff regarding their obligations to identify all children with disabilities. The panel found that the school’s record-keeping was inadequate, and determined that the Delaware Department of Education should conduct oversight of the school’s record-keeping until meaningful improvements were in place. Finally, the school was ordered to provide additional information to parents of children with disabilities concerning the educational rights of children so that those rights could be preserved and protected.

Both of the cases are below.  Campus Community received their charter renewal from the Delaware State Board of Education in December of 2015.  Neither of these cases came up at all during any of the formal proceedings for the charter school.  The school did have a comprehensive review of their special education in May of 2014.  This was something their board requested according to board minutes around that time.  The report was included as part of the record for their charter renewal.

Due Process Hearing 16-01

Due Process Hearing 16-05

The Coalition For Fairness & Equity In Schools Needs YOUR Help!

A new group has formed in Delaware called The Coalition for Fairness & Equity In Our Schools.  This group is looking for one thing in our schools, as per their Facebook page:

Diverse group advocating for statewide changes to discipline practices to eliminate suspensions for low-level offenses and adopt a restorative approach.

This group was convened by the American Civil Liberties Union of Delaware to help eliminate the “school to prison” pipeline coming out of many of our schools in Delaware, specifically the Wilmington schools.  You can read more about them here.

To this end, they have started a petition which can be found below, and I strongly encourage all to sign in support of this petition.  As a special needs father, I have seen first-hand what disproportionate discipline can create, and so much of what these children are exhibiting are manifestations of their disabilities.  This doesn’t mean it’s a free-for-all, but it also doesn’t mean punish whenever you want, which leads to social stigma that is very damaging for so many students with disabilities.  I have always promoted a simple mantra: work with the disabilities, not against them.  When anyone tries to fight something that is natural, it becomes stressful for all involved.  This can make a minor situation become infinitely worse.  It isn’t just about social groups for students either.  The adults have a HUGE responsibility in this as well.

I have seen multiple videos from other countries where students disabilities are celebrated, not hidden.  The classes and staff are educated on them, and this creates a much more tolerable environment for all involved: the student with disabilities, their classmates, the teachers, the staff, the admins, and the entire school.  Aside from all this, there are very specific laws regarding disproportionate punishments and manifestation determination.  In Delaware, and also under IDEA and Section 504 law, if a student is suspended more than ten times during a school year, the IEP team or 504 team must convene to determine if a behavior was a result of the disability.  A parent can also request this if they believe this to be true in a discipline situation.

What should result from this is the stakeholders involved get together, talk about the issues and behaviors, and the school psychologist should do a functional behavioral analysis.  Based on the results of this, a behavior intervention plan should be established with all parties agreeing, not just the administrators of the school.  And I would caution parents to be very careful about the wording of these BIPs as they are called.  I highly recommend knowing your child’s disability to the best of your ability, and find out what is typical or atypical behaviors associated with the disability.

When all efforts have failed, and a parent feels their efforts for their child are not being met, that is the time to take further action.  There are numerous things you can do, but one I do NOT recommend is taking that action through the Delaware Department of Education.  Their best solution seems to be “mediate” which is good, but this can also stifle your rights for your child.  Sometimes, as many special needs parents can attest to, you have to fight for your child.  The DOE methods of resolution do not have the best odds of working to your child’s benefit.  I’m sure they would disagree with me, but the bare fact that there have been NO due process hearings in Delaware for two years and a smattering of administrative complaints over a ten year period is testament to this fact.  Their way just doesn’t work.

Furthermore, the number of special education lawsuits when parents reach their wits end (not to get rich quick, that is NOT what happens with these lawsuits) has skyrocketed in Delaware over the past few years.  This is a more proven resolution method for far more parents than the DOE has ever helped over  the past decade.  In fact, many of the curriculums and specific IEPs the DOE wants (which are not part of approved federal IDEA law as brought before the U.S. Congress but resolutions and regulations tacked on by the US DOE with no Congressional approval), will wind up being more harmful to many students in the coming years as they are forced to adapt to national standards that are controversial at best, culminating in standardized assessments that on the surface purport to close the achievement gaps, but will in actuality further widen them.  This will in turn bring in more “consultants” and “non-profit companies” who need to  help these “failing” students.  All the while, teachers who don’t have the proper resources and are dealing with very large classrooms will be evaluated based on these high-stakes assessments.  This is why I don’t trust the DOE, and why any special needs parent should be very wary of them.

But back to this coalition, I am in full support of this group, and this is very needed in our state.  I just wish I had known about it sooner!  I would strongly encourage this group to take a very strong look at various disabilities and the neurobiological events that take place when so many of these “behaviors” occur, as well as the exponential increase of them when unneeded stress is placed on these students from the adults in the school.

US Senator Wants to Improve Special Education for Parents and Increase IDEA Funding #netde #eduDE @DEStateBoardEd

United States Senator Tom Harkin, a Democrat from Iowa, wants to improve IDEA and make it better for parents.  In a recent article on Disability Scoop, Harkness stated he has introduced legislation that will allow parents to recoup their fees for expert witnesses in a due process hearing if they prevail.

In 2006, the US Supreme Court ruled parents can get their attorney feeds paid by the school district if they win, but they were still on the hook for the expert witnesses.  These witnesses could include doctors, psychologists, psychiatrists, or neurologists.  All of which charge hourly for witness testimony at more than their typical hourly rate.

According to the Disability Scoop article:

“Without access to expert witnesses, families may be unable to make an argument for the educational needs of their children,” Harkin said. “This legislation is an essential step for protecting the rights of students with disabilities and ensuring that all families, regardless of their financial resources, can advocate for and protect their children’s rights through due process, consistent with congressional intent.”

As well, Senator Harkin has introduced other legislation which would allow for IDEA to gradually increase their funding until they reach the 40% funding cap they originally agreed to almost 40 years ago.  This would give more desperately needed special education funding to schools.  The plan would allow for the full funding to be reached by 2023.  The funding for this, according to the legislation, would come from tax increases for those earning more than $1 million a year.

For more information, please read the article at http://www.disabilityscoop.com/2014/09/12/senator-burden-idea-disputes/19667/

Delaware DOE: The Eye of the Hurricane in Special Education

In a hurricane, everything is wild and chaotic.  Winds are fierce, rain is massive, and destruction looms.  Many people flee, but some stay hoping for the best.  Homes are destroyed, roads are flooded, and lives are frequently lost.  In the middle of a hurricane, everything is calm.  It can sometimes be sunny, and rain may not be present and it can be viewed as a moment of peace.  The eye is the center of the hurricane, and everything that happens is a result of the eye.  This is the Delaware Department of Education in regards to special education. Continue reading