Capital Parents Of Students With Disabilities: Are You Aware Of Parent Councils Mandated By State Law? We Need To Unify Now!!!!

Three years ago today, Delaware Governor Jack Markell signed Senate Bill #33 into law.  Among the many changes to Delaware special education, one of the key facets of this legislation was the following:

  • 3125. Parent Councils.

Each school district and charter school enrolling any child with disabilities shall, on an annual basis, contact the parents of each such child to attempt to facilitate the creation and maintenance of a parent council for the parents of students with disabilities. Parent councils will advocate generally for students with disabilities and provide person-to- person support for individual parents and children. The charter schools and school districts shall collaborate and coordinate with existing parent groups and other information and support groups to facilitate creation, maintenance, and effectiveness of the Parent Councils.

While my own son was not in Capital School District when districts and charter schools were required to create the Parent Councils, he was for the 2017-2018 school year.  I contacted the Special Services Office at Capital this morning and was told letters went out to parents about the Parent Councils.  I advised them I never received such a letter.  Apparently there were three meetings during this school year.  The maximum attendance at any of these meetings was eight parents, at the first meeting.  There is absolutely no mention of the Parent Councils anywhere on the district website.  None of their school websites have this information on them either.

I don’t feel we, as parents, should have to wait around for the district to comply to state law.  To that end, I am creating a Capital School District Parent Group and I invite all to attend.  Please email me at kjohlandt70@gmail.com if you interested in joining this group.  Even though it is the summer and our kids are out of school, I believe we should meet and hold discussions on what the district is doing in terms of special education for our children.  Three meetings over one school year is not enough.  I believe we should meet monthly and if warranted to get things going, every other week.  It is also my intention that we should pick a spokesperson for the group to present our findings at each Capital Board of Education meeting each month.  They generally meet on the third Wednesday of each month.  Even if you believe the district is doing everything right, we want to hear from you.  I will also create a Facebook group which will be private so we can discuss things in a private forum.  If you would like to join this Facebook group, please message me on my own personal Facebook profile, under Kevin Ohlandt.

I find it very discouraging that a school district that continually stresses a need for parental involvement can’t proactively advertise for something that is required by state law.  Sending one letter out to parents (which I didn’t even get) for an entire school year is doing the bare minimum.  The United States Supreme Court ruled on a special education case dictating schools must do more than the bare minimum with special education services for students with disabilities.  While that case does not provide a case against Capital not advertising Parent Councils, it does show a consistent pattern in terms of special education.  As a Capital parent, I received robo-calls throughout the year.  Not one robo-call talked about Parent Councils.  My son had many IEP meetings this year.  As well, I was in constant contact with his Principal.  Never once were the Parent Councils mentioned.

I hope to hear from many of you as soon as possible.  For a school district that has 18.3% of their student population designated as Special Education (which means having an IEP) and probably higher due to 504 plans not being listed in that percentage, we need to band together now more than ever.  The district, based on their 2017-2018 student unit count has 1,188 students on IEPs.  8 parents out of 1,188 attended the district’s Parent Council meetings this year.  That is unacceptable and I would hazard a guess most of you did not even know this was an option.

Please share with as many parents of students with disabilities in the Capital School District as you can.  For parents of these students in other school districts or charter schools, please make sure your school or district is following Delaware state law under Title 14 in this area.  Thank you.

Advertisements

Hey Project Veritas, This Is How Our Teacher Union Rolls In Delaware- They Get It Done! Publish That!

A month ago, I posted some articles about a far right-wing group called Project Veritas.  I didn’t know much about them but their videos intrigued me.  I gave the Delaware State Education Association a hard time and that may not have been very fair on my part.  Today, when I read an article by Cris Barrish with WHYY, DSEA President Mike Matthews impressed me a lot!  The article was about Senate Bill 234, which passed the Senate yesterday and will be heard in the House Education Committee in the next few weeks, if not sooner.

Mike Matthews, president of the Delaware State Education Association that represents teachers and other school employees, said crimes and violations like those cited in this article spurred his union’s lawyer to work with state education officials, attorneys and others to craft the legislation.

I remember talking to Mike about some of these horrific crimes that were making the media such as Karen Brooks in Smyrna.  He was as disgusted as I was.  A few years ago, Delaware Speaker of the House Pete Schwartzkopf came out with a similar bill but this one was much better.  I firmly believe DSEA’s role in the writing of Senate Bill #234 made it a much stronger bill.

Matthews said the DSEA “strongly supports” the bill because it could prevent the ability of child abusers to “bounce around’’ to different school districts with their teaching license intact while a serious allegation goes through a copious investigative process at the district level. The bill would also provide extensive due process to protect teachers who are unfairly accused by students, parents or other faculty, he said.

Amen Mike!  We don’t want ANY teacher or educator milking the system when they are abusing kids.  My take on teachers like this?  They shouldn’t be anywhere near children or teenagers.  But at the same time, we don’t want to necessarily punish the innocent.  Unfortunately, there have been situations where teachers have been victim to false claims.

“It clarifies the process that I think maybe has been muddied for some time,” Matthews said. “It kind of separates this idea that the employer, the district and board, has to take action before [the state can take action] to revoke or suspend an educator’s license when there are allegations of a serious crime.”

My take on this?  Most districts or charters don’t necessarily want the publicity when things go down.  If there is an arrest, they can’t help it.  What happens when an investigation is a stall tactic?  Forcing the state to take action tells the district or charter- “we know this is going on and we will take action when you won’t!”

“The bill takes necessary steps to remove those educators if there is clear fear of harm coming or having come to a child. I like to believe that like any other profession we are always going to have those who do not represent our profession well and need to be exited when it comes to these allegations and potential crimes.”

A fast exit!

What I didn’t foresee with this bill was how it could affect special education.  Barrish wrote about this aspect of the legislation when discussing the “letters of concern” portion of it.

The bill also has a provision that could apply when the state determines that no violation has occurred which warrants disciplinary action, but that “an act or omission” by the teacher is a “matter of concern.” Such a concern could be that the teacher creates inadequate Individualized Education Programs for students who are identified as in need of special education services.

I have very mixed thoughts on this.  A teacher could write a draft IEP before the IEP team convenes to discuss it.  Putting the onus on a teacher for what could be team decisions is very dangerous.  Yes, the teacher is the one that writes the draft, but the team decides what is final.  Any IEP team should include an administrator (usually the Principal or an Associate Principal), the school psychologist, the school special education coordinator (also called an Educational Diagnostician), the school nurse (unless the parent says it is okay for them not to attend), a special education teacher, and a primary teacher.  And of course the parent or parents.  When students reach 8th grade, they typically attend the IEP meetings as well.  Is one teacher out of a whole IEP team the only one that should get a “letter of concern” if the school winds up getting sued for not following an IEP?  Or writing a bad one?  This could open a huge can of worms.  I have always told parents, do not sign an IEP unless you are satisfied with it.  There is nothing preventing you from doing so.  And if you find the IEP isn’t working, you can always request another IEP meeting to revise it.

Now when it comes to teachers not following very specific parts of an IEP, such as not having the student do every other math problem as an example, that is a different matter.  If a teacher willfully doesn’t follow what is written in an IEP, I can’t defend that.  I may need to see more on this part.  The big question would be what happens if a parent sues a charter or district over special education matters.  Would those “letters of concern” become discoverable evidence?  Would the district or charter put themselves in a position of legal vulnerability?  Or would the special education law firm have to subpoena the Delaware DOE to get those letters?

I’m going to take this time and publicly apologize to Mike Matthews for my Project Veritas articles.  A DSEA email was provided to me the same day I saw Veritas’ videos.  I published it without reaching out to Mike for more information.  I regret that.  While the email didn’t condone the actions of the subject of a Veritas video it didn’t defend it either.  It was simply an internal email warning of potential Veritas spies hoping to entrap teacher union members.  I was harsh on DSEA and I acknowledge that.  Legislation doesn’t happen overnight and I will assume DSEA was working with the Delaware DOE on what became Senate Bill #234 long before the Veritas videos came out in May.  I had no idea Veritas was going to jump on my article and put Mike in the spotlight the way they did.  I remember seeing that video and gasping.  Yes, I published it, but the more I found out about Veritas the more something didn’t seem quite right.

I look forward to Senate Bill #234 becoming the law of the land in Delaware!  And I would hope James O’Keefe who seems to have made it a crusade to go after teacher unions can provide “fair and balanced” coverage to show the good things they are doing.  But knowing O’Keefe, he would probably take the credit for it himself.  That seems to be how he rolls!  He can say what he will about some rogue union leaders out there, but here in Delaware, our union looks out for students as well as teachers!

The Dream Becomes A Reality: Exceptional Advocacy for Delaware Students

It all starts with an idea.  But ideas that roll around in your mind will always be just that.  It is now time for action!  Therefore, this is the birth of Exceptional Advocacy for Delaware Students.

For almost four years I’ve been writing about education in good old Delaware.  It’s taken me from the bottom of Sussex all the way to the tip-top parts of the state.  I’ve been to Legislative Hall and the Delaware DOE building more times than I can count.  And nothing has changed.  In fact, I’m going to say it is getting worse.  Especially with special education.  But it isn’t just that.  It is also issues dealing with school discipline, race, gender, bullying, classroom management, class sizes, safety, and trauma coming into our schools in ways our educators are just now starting to fathom and understand.

To that end, I am taking my email/Facebook/social media/cell phone advocacy out of the digital world and into the schools.  This will be a huge task and I need your help!

These are the issues I am willing to advocate for students:

Special Education: whether it is IEPs or 504 plans, it is important to know your child’s rights, the parental rights, and the rights of the school.  Many parents feel overwhelmed in IEP meetings.  Trying to learn about federal IDEA law, Delaware State Code, and all the pending special education legislation is a task in itself.  Do you have a child with a unique disability that may warrant very specific goals or accommodations in their IEP?

School Discipline: does the punishment fit the crime?  Does the punishment meet the criteria of the school student code of conduct?  Does it follow state law?  If a student has an IEP or 504 plan was it a manifestation of their disability or just poor choices?  What are the rights of students when there are School Resource Officers, constables, or armed security?  When is physical restraint warranted?  How does it work with transportation and busing when a discipline issue comes up?

Trauma: Is your child going through a Post Traumatic Stress Disorder based on violence in their neighborhood?  Or in their own home?  Are their grades falling behind as a result of this?  Are they acting out?  These are students that may not be special education but need an advocate to help schools and teachers sift through these issues so they can give your child the best education possible.

Bullying: Is your child being bullied?  Are you finding the school isn’t doing everything they can to put a stop to it?  What steps can you take to make sure they do?

These are my goals:

To serve any of the above needs or potential conflict a parent may have with a school.

To guide parents on the appropriate ways to deal with the folks in the schools.  This isn’t as simple as it looks, and when things escalate, there is a proper chain of steps to go through.

To work with every school district and charter school in the state to make sure Parent Council Groups for special education are up and running.

To advocate meaningful dialogue between parents and schools.  This is crucial.  But it is also important to make sure there is one adult in the room who can be unbiased and impartial.  Screaming heads don’t get you far.  It might feel good in the short-term, but it is not conducive to the best interests of the one person who matters the most- your child!

To inform parents of their child’s rights and how that applies to the school setting.  To inform parents of the differences between legislation and regulation and what is enforceable and what is not.

To make sure due process rights are followed to the letter of the law in discipline situations.

I am not an attorney nor do I pretend to be.  I am just a parent with my own special needs child who has run the gauntlet with Delaware schools.  If your child’s school building doesn’t know me directly, they know of me.  All the district and charter leaders know me as well as the legislators.  I have contacts all over the place and know exactly who to go to when things need to happen.  I’ve helped parents out for years but it is time to take it to the next level.

I will be doing this work at no cost.  But any organization or business (whatever this turns out to be based on demand) needs funding.  Pure and simple.  So I am asking for donations from folks in Delaware who see this growing need in our state.  Whether it is a dollar or more, every bit counts.  I am willing to go up and down our state to help our kids.  I am centrally located in Dover so my door is open for all!

If you are of mind to help get this going and help sustain this, any contributions are certainly welcome!  Please go to the Exceptional Advocacy for Delaware Students page here: https://www.gofundme.com/exceptional-advocacy-for-delaware

If you are a parent who needs help in dealing with a situation involving your child at a Delaware school, please contact me as soon as possible.  My email is kjohlandt70@gmail.com and we can exchange phone numbers from there.

DON’T BLINK!

Do me a favor.  While you are reading this, play a little game with me.  I am talking through the 3rd wall here, to you, the reader.  Pretend I am on a stage and you are just one of hundreds of folks in the audience.  This game is called “DON’T BLINK!”.  You have to really focus.

I’m on the stage talking about your least favorite subject, whatever that might be.

DON’T BLINK!

You have to focus on not blinking your eyes.  Easy, right?  We’ll see.

As I babble on and on about your least favorite subject, DON’T BLINK!  I want you to take out a piece of paper.  I’ll wait for you.  While you are getting it though, DON’T BLINK!  Don’t even think about it.  Keep those eyes open.  DON’T BLINK!  Did you get your paper yet?  Did you bother to get a pen?  DON’T BLINK!

Good, you have your paper and pen.  I want you to write a set of numbers.  It will be 13, 26, 39, and you have to write down the rest.  DON’T BLINK!  I need a set of 20 numbers.  DON’T BLINK!

How many numbers do you have down?  But wait, while you DON’T BLINK and you are writing down the numbers, I want you to yell out “VITAMINS”.  But DON’T BLINK while you yell out “VITAMINS” while you are writing down the numbers.  Don’t you dare!  And don’t be caught off guard from the people staring and laughing at you because you yelled “VITAMINS”.  Because you have an assignment you have to get done.  And DON’T BLINK!

While you are doing all this, I want you to capture whatever smell is in the room and focus solely on that smell.  Smell it with every fiber of your being while you DON’T BLINK!, write down your numbers, and deal with the stares you got from yelling “VITAMINS”.  How many numbers do you have down?  If you cheated, you probably have the 20 different numbers.  That is, if you blinked, didn’t focus on the smells in the room, didn’t yell “VITAMINS”, and only focused on the numbers.

For students with Tourette Syndrome, this is their life in the classroom.  It can happen in other areas of schools as well.  When they are younger, the tics come naturally.  But as they get older, and notice more and more the odd little stares or classmates asking them what they are doing, they begin to do everything they can to suppress those tics.  But those tics are neurological in nature.  Little signals go out from the brain that affect those with Tourette Syndrome and command the body to do those things.  Suppression can be done, but it is energy that can’t be destroyed.  It comes out in other ways.

In the “DON’T BLINK” game, that exercise was for those who don’t suffer from Tourette’s.  So they can possibly understand, at a very small and miniscule level, what those with tics go through every day.  For far too many of these special needs students, that energy does come out in some way when they are suppressing tics.  But the more stimuli they have around them, the harder it is to focus on that.  Add a few different things to that soup, and you can understand why those who exhibit motor or physical tics have a hard time keeping their cool.  It is almost like having a case of the hiccups, all day, every day.

Suppressing tics also has another side effect: exhaustion.  It can be physically tiring to attempt to stop your body what it naturally wants to do.  Most students with Tourette Syndrome do not suffer from just that disability.  They have what are known as co-morbidities.  We’ve all heard the alphabet disabilities: ADHD, OCD, and ODD.  But add anxiety, depression, sensory processing issues, and yes, at times, rage.  It can be a perfect storm.

There aren’t many students with Tourette Syndrome in Delaware.  I know of less than ten myself.  There could be more.  But for even this small population of students, we MUST get it right for them.  They are counting on us.  For far too many Tourette Syndrome students across the country, schools want to address the disability the same way they would ADHD.  It is a complex puzzle, but the pieces can be put together.  It takes time, and patience, and calm.  We have come very far with Autism but I believe if it wasn’t so prevalent, we would be just as in the dark as we are with Tourette Syndrome.

In my opinion, a student with Tourette Syndrome should be celebrated in schools.  They are just like you and I with intelligence.  Many TS students are wicked smart.  But their body and mind can send out a signal on a dime without them even being aware.  Or other times it is like when you know you are going to sneeze and you try to stop it.  But most times, it is like trying to stop a case of the hiccups.  I believe it is incumbent on our schools, from elementary to high school, to let everyone they can possibly tell in that building, exactly what those tics are and where they come from.  Because if a student with TS is ticcing, they can’t help it.  Let them tic.  We wouldn’t tell a blind person to see or a paralyzed person to walk, right?  It is the exact same thing.  Let students and staff know it isn’t weird.  Do the “DON’T BLINK!” game with the students.  Let them know and feel what it is like for the TS student.  Talking about tics is VERY different from experiencing them.

This isn’t just about special education.  It’s about doing what is right.  We want to educate the “whole” student.  We want “compassionate” schools.  But we need to practice what we preach.  All schools need to do a better job with understanding manifestation of disabilities.  So many want to treat things as a behavior.  Unless you are 100% sure, assume it isn’t.  If you are a teacher or staff member in a school that doesn’t teach a TS student, let me make a recommendation for you.  You might be generally aware a student has disabilities but you may not be sure what the manifestations are.  Ask your building leader or special education coordinator if you can see their IEP.  I’m pretty sure most parents wouldn’t object to any adult in a school wanting to know more about their child with Tourette Syndrome.  As parents, we can only educate so many.  We have restrictions the school might not have.  We don’t have access to every single teacher or staff member.

Students with Tourette Syndrome go through things daily you and I can’t imagine.  At the end of the day, they want what we all want- to be loved and accepted.  That’s all.  Nothing more, nothing less.

Christina Missing A Special Education Director

When John Dewey retired from the Christina School District two months ago, it put the second largest school district in the state without a Special Services Senior Director.  This is the title for the person overseeing special education in the district.  So who is running special education in Christina School District?  With the number of complaints I receive about special education in Christina you would think they would make sure this key vacancy in their district is filled.  But nope, here we are two months later and nothing.  How long are they going to keep this key position vacant?

Joint Senate & House Education Committee Meeting To Hear Special Education Strategic Plan Tomorrow

**Updated, 4:22pm, 1/9/18: I spoke with State Rep. Earl Jaques and he okayed putting this joint committee session on the live audio feed.  The meeting is scheduled to start at 2:30pm tomorrow, but meetings sometimes start late down at Legislative Hall so be patient!  To listen, go to the General Assembly website and go to the “Listen Now” link.

The second leg of the Delaware 149th General Assembly starts today, but tomorrow the House and Senate Education Committees will meet together to hear the Delaware Special Education Strategic Plan Advisory Counsel’s ideas on how to improve special education in The First State.  The meeting begins at 2:30pm, but here is a primer: what is the plan? Who is on the committee? Who is on the sub-committees?

To read the entire Strategic Plan, please see below.  But here is a summary as per the Delaware Department of Education website:

The goal of the Special Education Strategic Plan Advisory Council is to develop a statewide plan that addresses the delivery of special education within Delaware through a review of existing evidence and within the context of a representative stakeholder process.

All children with disabilities can reach their full potential through a student-centered, individualized education system using a collaborative and supportive model. By asking stakeholders to lead collaboration between schools, families, and communities, Delaware will create inclusive education to ensure student success and growth, and equity of special education and related services across Delaware.

The members of the Delaware Special Education Strategic Plan Advisory Council:

  • Co-chair – Dr. Michele Marinucci , Woodbridge School District
  • Co-chair – Bill Doolittle , Parent Advocate
  • Dafne Carnright, Autism Delaware
  • Edward Emmett, Positive Outcomes Charter School
  • Katheryn Herel, PIC of Delaware
  • Jon Cooper, Colonial School District
  • Kendall Massett, Delaware Charter School Rep.
  • Rep. Kim Williams, Legislator
  • Kristin Dwyer, DSEA
  • Kristin Pidgeon, Down Syndrome Association
  • Dr. Lisa Lawson, Brandywine School District
  • Mary Ann Mieczkowski, Department of Education
  • Dr. Sarah Celestin, Red Clay Consolidated School District
  • Dr. Vincent Winterling, Delaware Autism Program
  • Wendy Strauss, GACEC
  • Annalisa Ekbladh, University of Delaware CDS
  • Dr. John Marinucci, DASB
  • Sonya Lawrence, Parent Advocate
  • Teresa Avery, Autism Delaware
  • Laurie Kettle-Rivera, Delaware School for the Deaf
  • Mark Campano, Delaware Statewide Programs
  • Dr. Josette McCullough, Appoquinimink School District
  • Mondaria Batchelor, Woodbridge School District

The sub-committees:

Students: To increase the success of students with disabilities by improving their ability to become active, valued, and participating members of their community, today and in the future, Members: Ed Emmett-Lead, Lisa Lawson, Bill Doolittle,  Sonya Lawrence, Wendy Strauss

Staff/Partners: To have a highly engaged and effective workforce with appropriate values, skills, and knowledge for today – and tomorrow’s – work, Members: Elisha Jenkins-Lead, Mark Campano, Annalisa Ekbladh, Josette McCullough, Kristin Dwyer, Kathie Herel

Delivery/Structure Systems: 1) To make available the same array of evidence based practices and models of service deliveries regardless of a student’s placement. 2) To modify delivery system to facilitate the achievement of other goals, Members: Mark Campano-Lead , Vince Winterling, Dafne Carnwright, Sarah Celestin, Jon Cooper, Kristin Pidgeon, Sonya Lawrence

Parents/Families: To increase the engagement with parents and families as partners in collaboration to support their children at home and at school with access and knowledge of the resources they need, Members: Josette McCullough-Lead, Annalisa Ekbladh, Kristin Pidgeon, Kathie Herel

Resources: To acquire more resources as needed and maximize the efficiency in use of our existing resources, Members: Kristin Dwyer-Lead , Michele Marinucci, Teresa Avery, Laurie Kettle-Rivera, Mary Ann Mieczkowski

Policy/Regulations: To add, delete, and modify policies and regulations to support our current and future goals and objectives, Members: Dafne Carnright-Lead, John Marinucci, Mondaria Batchelor, Michele Marinucci, Kim Williams, Bill Doolittle, Mary Ann Mieczkowski

The group has met since the fall of 2016.  Last year, they finalized the plan but I will add this is a fluid plan.  It will constantly evolve as matters come up.  So it is NOT set in stone.  It is a living document.  I strongly encourage all Delaware parents of students with disabilities read the below document.  As well, any educator in the state should read it as well.  I would hope every single member of the House and Senate Education Committees have read it by this point.

In addition to the Special Education Strategic Plan Advisory Council, the joint session of the House & Senate Education Committee will also hear from the Delaware Association of School Librarians tomorrow.

 

HB #286 Would Eliminate Special Education Emergency Certification In Delaware

State Representative Kim Williams pre-filed legislation today that would do away with emergency certifications for pending special education teachers in The First State.  As part of the Every Student Succeeds Act, this is no longer allowed in public education.  From the bill’s synopsis:

Enactment of the Every Student Succeeds Act amended the Individuals with Disability Education Act (“IDEA”) by mandating that special education teachers must have obtained full certification and may not be working under emergency certifications. The Delaware Department of Education must stop issuing emergency certifications in special education in order for the State to continue receiving $36 million in federal IDEA funding for our schools. This Act creates a mechanism that is in compliance with federal requirements to enable educators to obtain a certificate of eligibility in the areas of special education. Educators will be able to meet federal requirements while being enrolled in an approved, alternative routes to certification program. This Act will allow local education agencies to staff special education classrooms while ensuring the educators are receiving high quality training working toward their standard certificate in the appropriate area of special education. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Also sponsored by State Senator Nicole Poore, this bill has many co-sponsors by several Democrats but no Republicans.  But that shouldn’t matter as this is a federal requirement now.  So what does this mean?  It means you can’t just be put into a classroom that has students with disabilities with an Individualized Education Program based on an emergency certificate.  You have to already be going through some type of program that would allow you to be heading towards full certification.  I expect this to pass with no problems.

As well, Williams also pre-filed legislation today concerning special education diplomas with House Bill #287 which I wrote about here.  To read the full pending legislation for House Bill #286, please go here.

18 Who Will Make An Impact In 2018: Kim Williams & Her Awesome Bill In Circulation

I am predicting now Kim Williams will have a HUGE year in 2018.  Judging by a draft bill she sent into circulation for sponsors yesterday, she is already starting off 2018 on a high note for me! Continue reading “18 Who Will Make An Impact In 2018: Kim Williams & Her Awesome Bill In Circulation”

Preparing For The New School Year For Students With Disabilities

Michael Connoly, Esq., of McAndrews Law Offices, P.C. just wrote an excellent article every parent of a child with an IEP or 504 plan should read.  As we send our kids back to school, it is important to know everything is in place for the continuation of your child’s special education services.  New teachers or possibly a new school can bring many changes.  Most public schools in Delaware start next Monday, but some started today.

Believe it or not, it’s that time of year again.  Commercials on television of gleeful parents purchasing school supplies abound as we are quickly approaching the end of the summer and beginning of a new school year.  While every parent of a school-aged child is going through their own pre-school-year checklist of supplies and clothes and trying to get in those last few days of sun and fun, there is another entire set of considerations to think about as a parent of a child with a disability.

The most obvious consideration is to make sure that your child’s program for the new school year is set and ready to go on the first day of school.  Is your child’s IEP or 504 Plan up to date and ready to be implemented?  Hopefully, your child’ IEP was updated as necessary at the end of the last school year, but if you are aware of any issues or have any concerns you should be reaching out to your school district in these last weeks of summer for any needed changes.  If your child participated in Extended School Year (“ESY”) services over the summer, consider whether his ESY performance revealed any new areas of need or concern that should be addressed by the IEP before school starts.

Make sure you, and more importantly, your child, are familiar with his or her schedule and curriculum, particularly if either is changing from the previous year.    A new school year often brings a lot of change and can be stressful, and at times anxiety provoking, for any student and especially for a student with special needs.  Ensuring your child is comfortable with his or her schedule and classes may go a long way in easing some of the stress and anxiety that can go along with the new school year.   Similarly, if your child is moving to a new building (for example, going from elementary school to middle school) or an unfamiliar area of his or her current building, an opportunity to tour the school, follow his or her schedule, and meet new teachers before the first day of school can also help reduce any new school year anxiety.

One of the most common beginning-of-the-school-year glitch involves transportation.  Not being picked up by the bus, being late to school, or being picked up by the wrong bus can be a particularly traumatic event for a student with special needs (and his or her parents).  If your child requires special transportation or certain supports while on the bus, you want to confirm with your school district that the necessary arrangements have been made, and that the schools transportation department/service is aware of any accommodations that your child requires.

While it’s not possible to ensure that no beginning-of-the-school-year glitch occur for your child, going through your own child’s pre-school-year check list using the above considerations should hopefully help to keep those glitches to a minimum.

by Michael Connolly, Esq. of McAndrews Law Offices, P.C.

Don’t let your special needs child fall victim to “new”​ Federal and State voucher/choice policies

This article originally appeared on long-time Delaware special education advocate Steve Newton’s LinkedIn account yesterday.  I read it today and Steve not only hit a grand-slam with this article, but he hit it out of the park!  This is the must-read of the month and the timeliness of this could not be more important!  Normally, I would italicize this but for reasons which will soon become clear, I did not.  Great job Steve!

The road is about to get a lot rougher for special needs kids in America’s schools

It’s never been easy.

IDEA [Individuals with Disabilities in Education Act] was signed into law by President George H. W. Bush in 1990 to stiffen the supports for disability-challenged American students that already existed in Section 504 of the Americans with Disabilities Act. IDEA established the rules for determining the need for special services, how supports within the education system would be determined, and provided for their monitoring via IEPs [Individualized Education Plans]. The trifold intent of IDEA was to (a) guarantee parents and students a role, a voice, and an appeals option in the process; (b) fund services that would allow special needs students to receive FAPE [Free Appropriate Public Education]; and create mechanisms for monitoring/enforcing the entire process.

Despite the fact that none of those goals has ever really been attained (Congress has never fully funded IDEA in any budget in the past 27 years), IDEA represented a massive improvement for special needs students across America. Millions of kids with specific Learning Disabilities (as in Math or English), with Emotional Disabilities, with ADHD, with Autism, and with other, lesser-known disabilities managed to finish school and go on to college, or employment, and independent, productive lives. Flawed as it is in the execution, IDEA has been a hugely successful law.

But the last decade has seen major problems setting in Continue reading “Don’t let your special needs child fall victim to “new”​ Federal and State voucher/choice policies”

The Heart Of Special Education Was Argued Before The U.S. Supreme Court Today

The United States Supreme Court began hearing oral arguments for the Endrew v. Douglas County School District today.  This case could determine the goal of special education in America: a bare minimum special education or a more than minimum special education.  These arguments weigh the words “significant” and “meaningful” quite a lot since it is the center of the case.  Another question is how do you measure progress for a student with an Individualized Education Program.  Does the IEP team just write the IEP and make sure the student is on target to perform as well as their non-disabled peers or do you go above and beyond?

Another huge issue is funding for special education.  The fact that the Federal government spends less than 15% of what they promised to do for special education is a large problem.  It was not the Congressional intent to dump all of this on the states and local school districts but that is exactly what happened.  As well, what does “standard” mean in this context?  Is it the Common Core State Standards and the high-stakes testing that supposedly measures the ability of the student to grasp those standards?  Do classroom grades count for anything anymore?

The case is officially submitted into the highest court in the country.  This will be fascinating to watch, especially the final ruling.

Advocate NOW For Your Special Needs Child

Why do parents of special needs children need to advocate for them?  Because we have to.  If we don’t, who will?  There are those who will help, but nobody understands your child more than you.  I see it as my moral responsibility to advocate for my own special needs child when something is wrong.  When something doesn’t add up.  To say his battle has been long and tough would be an understatement.  When the pieces of the puzzle don’t fit neatly together at a school, a church, an extracurricular activity, or anything your child does, you have to look at the whole picture.  If those pieces don’t fit or some are missing, get loud.  Expose and find out the truth.  Because even if you may not get what you wanted for your own child, it could help another child down the road.

I see special needs parents go ballistic when a restaurant or some type of amusement activity discriminates against disabled children.  But I don’t see this with a lot of schools or churches.  Why?  Our child has just as much right to be some place as someone else.  If you tell me you don’t want my child somewhere, you better have a damn good reason for it.  As well, you better know damn well what you are talking about and be able to back up that talk with cold hard facts.  If it is a place that has already given certain promises or expectations, and those suddenly shift, you have every right to find out why AND go public about it.

If you feel your child has been treated harshly without some form of due process or a valid reason, you need to call them out on it.  If the institution has not done what they said they would do, you have EVERY RIGHT TO ADVOCATE FOR YOUR CHILD.  People hate to get named or called out.  They get scared.  They don’t like seeing their name in public.  Why?  Because that could tarnish what they believe is their good reputation.  If, after you have reached that point of no return, name them.  Expose them.  Let others know the grass isn’t that green.  Because if you don’t, you are saying it is okay.  You are saying it is okay for someone to discriminate against special needs children.  You are saying it is okay for other children to not be given a sense of justice and fair treatment.

I always ask these basic question when it comes to special education.  Would an adult tell a child who is blind that they need to see?  Would they tell a child in a wheelchair they need to walk?  Would they tell a deaf child to listen up?  Of course not.  So why would they tell our children with the disabilities they have, when those disabilities are medically documented facts, that they cannot provide for your child when they already agreed to it?  It is their responsibility to understand that disability.  When a parent provides documentation for their child to a school, it is incumbent on the school to actually read and understand that information.  A “cursory glance” is not acceptable and it should not be tolerated.  If you notice your child is having escalating behavior issues when they weren’t in the past, is that the fault of the student with disabilities if the school has not bothered to accommodate the child?  I would challenge any school that has not done its due diligence for that unique child to say they did.  Special education is NOT a one size fits all.  And if you are a private school with a program designed exclusively for students with disabilities, then you cannot deny a child services when you have done nothing to understand that disability.

Parents have to fight for their child.  It is their legal right.

2016 September 30th Report Shows 4% Increase In Special Education, 7.8% Increase For Charter Enrollment

The Delaware Department of Education came out with the 2016 September 30th Enrollment Report.  This document shows the head count for each school district and charter school in Delaware public schools.  As I predicted, special education students rose again this year.  To qualify for special education, a student must have an Individualized Education Program (IEP).  With the exception of vocational schools, both the traditional school districts and charter schools went up in enrollment statewide.  The growth for traditional school districts was anemic at best, with only a .32% increase from last year.  Overall state enrollment went up by .9%.  Once again, charter schools saw the greatest growth with a rise of 7.8% over last year.  No new charter schools opened this year, however many submitted modifications last year to increase enrollments and grades in one case.  Other charter schools began new grades this year based on their approved charters.  Some districts saw very steady growth but others saw continuing drops. Continue reading “2016 September 30th Report Shows 4% Increase In Special Education, 7.8% Increase For Charter Enrollment”

U.S. Supreme Court To Decide The Value Of FAPE In Special Education

The  United States Supreme Court will decide the fate of millions of special education students in America when they rule on a controversial case regarding what the appropriate amount of FAPE (Free Appropriate Public Education) is for students with disabilities.  The landmark case, Endrew F. vs. Douglas County School District, could have major consequences for special education students.

According to Disability Scoop:

The Supreme Court’s decision to take up the matter comes at the urging of the Obama administration. In a brief issued last month, the U.S. solicitor general agreed with the parents that the IDEA requires schools to provide more than minimal benefit to students with disabilities.

“This court should hold that states must provide children with disabilities educational benefits that are meaningful in light of the child’s potential and the IDEA’s stated purposes. Merely aiming for non-trivial progress is not sufficient,” the solicitor general indicated.

This could be a moment of triumph or severe disappointment.  With the rise of Common Core and a transition from teacher-led instruction to constant bombardment of education technology and a competency-based education environment, students with disabilities have suffered the most from the constant education reform that has taken place over the past twenty plus years.  As their numbers rise, so do the corporate profits.  They have been forced to take a litany of state assessments that have the same results, year after year: these students tend to perform the worst on these tests.  The amount of parents choosing to go the home school route for their special needs children has risen dramatically in the last decade.

A free appropriate public education, in its current landscape, comes with a very steep price for students with disabilities.  Unless the Supreme Court clearly defines what FAPE should be, in the face of the overwhelming corporate-driven changes in our schools, these children will continue to be lost in public education.  Personalized learning, in the modern-day era meaning, would gear all students towards their own individual education plans which strips the special out of special education.  This flies in the face of what disability advocates fight for every single day.

Guest Post by Lauren O’Connell Mahler with McAndrews Law About Delaware IEPs

iep

Lauren O’Connell Mahler is a special education attorney in the Wilmington offices of McAndrews Law Offices, P.C.  McAndrews has two offices in Delaware, the one in Wilmington and one in Georgetown which opened last year.  The original article appears on the website of McAndrews Law Offices.  This article was republished with the permission of McAndrews Law Offices, P.C. This is a must-read for Delaware parents, especially now when IEPs are in the creation process or getting an annual revisit.  Special education law is very tricky and many parents are unprepared for what is allowable by law and what is not.  Parents are the #1 advocate for their children with disabilities and they should always prepare ahead of time for any IEP meeting.  Know your child’s rights with special education!

Learning to read your child’s Delaware Individualized Education Program (IEP) can be an intimidating task. IEPs are filled with legal language and educational jargon that can be overwhelming. Without a basic understanding of your child’s IEP, you may be feeling reluctant to offer input at your child’s IEP meeting.

As a parent, you are an equal member of your child’s IEP team. Thus, it is essential that you understand your child’s IEP so that you can help the IEP team develop the IEP, monitor your child’s educational progress, and advocate for his/her needs. The following is a list of the basic components that make up your child’s IEP in Delaware. Items are addressed in the order in which they typically appear in Delaware IEPs:

  • “Disability Classification” – Your child must meet one of the 13 eligible disability classifications in order to qualify to receive special education services. The categories are Autism; Developmental Delay; Deaf Blind; Emotional Disturbance (ED); Hearing Impairment; Learning Disability (LD); Intellectual Disability; Orthopedic Impairment; Other Health Impairment (OHI); Speech and/or Language Impairment; Traumatic Brain Injury; Visual Impairment; and Preschool Speech Delay. The classification does not dictate the services that your child can receive. His/her services should be based on your child’s unique, individual needs.
  • “Data Considerations” – Here, the IEP team should list all current data about your child that they reviewed in developing the IEP. This includes, but is not limited to, current school district evaluations, independent evaluations obtained by the parent, State and local test results (such as DCAS scores), classroom test results, progress reports, and the parent’s educational concerns. The data should serve as the basis for the services and supports that the team puts into the IEP.
  • “Other Factors to Consider” – These list special factors that the IEP team might need to be aware of with your child. The boxes should be checked if your child has difficulty with communication, is blind or visually impaired, is deaf or hearing impaired, is limited in his/her English Language proficiency, needs Assistive Technology, or has a print disability that prevents them from using materials presented on a physical page.
  • “Transition Services” – This page is included in  beginning at least by age 14 or 8th grade. It should include a statement of your child’s measurable, individualized goals for life after high school, including where they plan to live, work, and whether they intend to pursue any higher level education or training. It should be based on data (such as Parent and Student Transition Surveys). It also lists the classes your child is taking, which should be tailored to help them achieve his/her post-high school goals, as well as any activities they will complete to help them reach his/her goals, and any outside agency who will help your child prepare for the transition to adult life (such as Division of Vocational Rehabilitation, Division of Developmental Disabilities Services, DART Bus Service, and POW&R).

“Unique Educational Needs and Characteristics” – The middle pages of your child’s Delaware IEP should list each of your child’s unique educational needs. The need will be identified in box at the top, left-hand corner of the page. The rest of the page will detail the services and accommodations being provided to address that need as follows:

  • The top, right-hand box includes a statement of any supplementary aids, modifications, services, or accommodations that will be put in place to address your child’s unique educational need. These should be based on the supports that were recommended in your child’s evaluations.
  • “Services, Aids & Modifications” – This is a statement of the duration, frequency, and location of any special instruction that your child is receiving to address the unique need (for example: Small Group Reading Instruction – 3 times per week for 30 minutes in a Push-In location). Push-In means within the general education classroom. Pull-Out means in a separate classroom.
  • “PLEP” – The Present Level of Educational Performance is a specific statement of what your child is currently able to do in that unique area of need. It should be based on current data and should be measurable. The PLEP is the starting point for setting an annual goal and measuring your child’s progress.
  • “Benchmark” – These are the interim steps your child will take over the course of the year to reach his/her annual goal. They are typically measured each marking period. Monitoring whether your child is meeting his/her benchmarks will help you determine if they are making sufficient progress toward his/her annual goal. If your child is failing to meet his/her benchmarks, his/her IEP may need to be revised to provide more support.
  • “Annual Goal” – This is a statement of what the IEP team feels the child can achieve within 1 year’s time. The goal should be specific and measurable and should clarify how it will be measured. The amount of progress should be realistic and attainable, but not trivial. The language in the annual goal should be aligned with the language of the PLEP and benchmarks.
  • “Related Services” – Related services provide extra help and support to your child in needed areas. They can include, but are not limited to, any of the following: Speech/Language Therapy, Occupational Therapy, Physical Therapy, Counseling Services, Parent Training and Counseling, Social Skills instruction, Audiology, Therapeutic Recreation, Social Work Services, School Health Services, Medical Services for diagnostic or evaluation purposes, Orientation and Mobility Services, and Psychological Services. The IEP must specify the frequency and duration of these services.
  • “Consideration of Eligibility for Extended School Year Services (ESY)” – The team must document whether your child is eligible for extended school year services. ESY is different from summer school or credit recovery. It is based on the needs and goals in your child’s IEP. There is no single factor that determines whether a child is eligible for ESY. Instead, the IEP team must consider a variety of factors, including whether the child has made meaningful progress towards his/her IEP goals or has a tendency to regress in critical skill areas during the summer. Note: Under Delaware law, children classified under certain disabilities automatically receive 12-month educational programs.
  • “Least Restrictive Environment” – The IEP must specify what placement your child is in. The placement (or LRE) is the extent to which your child will not participate in general education classes and extracurricular activities. The IEP lists a continuum of placements ranging from Setting A (for children who spend at least 80% of the day in the regular classroom) to Settings E, F, and G (for children who are in separate Residential Facilities, Homebound or Hospital placements, or Correctional Facilities).
  • Additional components attached to Delaware IEPs – If your child has a Behavior Intervention Plan or Positive Behavior Support Plan, this should be attached to your child’s IEP and is part of the document. Additionally, if your child needs accommodations on the State-wide Smarter Balanced, DCAS, or SAT assessments, the checklist of Smarter Balanced, DCAS, or SAT accommodations should be attached to the IEP.*

This article was designed to provide you with a basic framework for understanding your child’s Delaware IEP. The information within this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Editor’s note: The * in the last bullet point was edited by myself to reflect the Smarter Balanced and SAT assessments as well as DCAS.

 

 

Capital Board’s Legislative Priorities Could Be A Lightning Rod Of Controversy For Special Education In Delaware

Tomorrow night, the Capital School District Board of Education will discuss their legislative priorities for Fiscal Year 2017 at their monthly board meeting.  There is a lot in this proposed draft.  Some I agree with, and some I don’t.  But if certain things get pushed by all school districts, we could see a controversial start to the 149th General Assembly in Delaware.  Parents of students with disabilities could be spending a lot of time down at Legislative Hall in Dover.

In terms of burden of proof for who is implementing a special education student’s Individualized Education Program (IEP), I believe it should be the school that has the burden of proof.  If a parent challenges a school on these issues, how is a parent going to know what is happening inside the classroom?  It should be the school’s responsibility to address these issues if it gets to the point where a parent files a complaint that leads to a due process hearing.  There is one or two parents and maybe one advocate in an IEP meeting.  The rest is school personnel.  A parent cannot implement an IEP in a school setting.  Only a school can.  This is the law.  But in Schaffer v. Weast, the U.S. Supreme Court ruled the Burden of Proof should lie with the aggravated party, be it a student or the student’s parents (or legal guardian) or the school district should they dispute an IEP.  While the Supreme Court is the largest court in the land, I don’t agree with their decision in some respects, but I do recognize the authority of the United States Supreme Court.

The final ruling of the U.S. Supreme Court ruling in 2005 reads as this:

We hold no more than we must to resolve the case at hand: The burden of proof in an administrative hearing challenging an IEP is properly placed upon the party seeking relief. In this case, that party is Brian, as represented by his parents. But the rule applies with equal effect to school districts: If they seek to challenge an IEP, they will in turn bear the burden of persuasion before an ALJ. The judgment of the United States Court of Appeals for the Fourth Circuit is, therefore, affirmed.

In a sense, any challenge a school district has about an IEP will invariably lead to the burden of persuasion.  I would find it very difficult for a due process hearing to occur where a school district does not disagree with at least one part of a student’s IEP.  And if it does happen, I would assume the parent lost or the Due Process Hearing Officer ruled based on applicable law that neither party got it right in terms of what should be in an IEP.  In any of the steps that could eventually lead up to a Due Process Hearing, districts have to provide sufficient evidence to the parent about what is happening with special education.  Parents do have considerable rights for their child’s special education.  They can request an Independent Educational Evaluation, they can call for a manifestation determination hearing under certain criteria, and they can file an administrative complaint.  Even though I disagree with the finding of the Supreme Court in 2005, it is the law and it is precedent.  Therefore, I have to agree with the Capital Board of Education that Delaware should not have a law on the books that predates a Supreme Court decision (their law is from 1999).

With that being said, Delaware is well-known to have serious lapses or even outright denials of special education services for students with disabilities.  Parents of children with special needs tend to be very passionate about what they want for their children.  Many understand the law (sometimes better than the school districts) very well.  I have always said never walk into an IEP meeting without an advocate and always record the meeting.  What is said in IEP meetings can make or break a case in certain circumstances.  Parents in Delaware should not be afraid to have their attorney subpoena a teacher as a witness.  Senate Bill 33, passed in the Spring of 2015, allows for whistle-blower protection for any school staff in regards to special education.  If there is one consistent thing I’ve heard from parents in Delaware, it is that teachers want to implement IEPs, but administrators have been the ones who stopped something for some reason.  While this isn’t always the case, and sometimes it is both, never be afraid to play a card that could work out to your child’s best educational interest.

The other legislative priority for Capital deals with a Free and Appropriate Public Education.  IDEA federal law states schools must provide children with disabilities a “basic” education without clearly defining what is meant by basic.  Delaware law states schools must go beyond “basic”.  I would argue that in Delaware’s current educational landscape, the push is for all students to go beyond “basic”.  If Capital wants to have AP and honors classes, that goes beyond “basic”.  You can’t sit there and say “all for some”.  If you are going to be a school district that wants ALL students to succeed beyond just “basic”, you can’t pick and choose.  Then Lieutenant Governor Matt Denn said it best at the first IEP Task Force meeting:

Children with disabilities are entitled to a Cadillac education, not a serviceable Chevrolet.

The trick is finding out what that “Cadillac education” is.  I do not agree that this should be based on standards-based IEPs leading to higher proficiency on the state assessment.  We all know students with disabilities fare the worst on these types of tests.  We are failing all students if we continue this very bad charade of student success as measured by high-stakes testing.

In terms of the other legislative priorities in the below document, it is a no-brainer that our state needs to find a better way to fund education.  The funding cuts from 2009 should have been restored a long time ago.

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

 

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

Remember The Days When Special Education Was…Special? Steve Godowsky Should!!!

I found an old document.  Very old.  It’s so old I was nine when it came out.  The first Star Wars movie was two years old.  Empire Strikes Back wasn’t even out yet.  The Smashing Pumpkins sang about this year.  1979.  At this point in time, a very young Steven Godowsky was working at what was known as the State of Delaware Department of Public Instruction.  We know this now as the Delaware Department of Education.  And Steven Godowsky is now Delaware Secretary of Education Dr. Steven Godowsky.  Back then he was a supervisor in the Exceptional Children Programs.  When he was first nominated to replace Mark Murphy last year, I thought it was impressive he was a Supervisor back then.  But in looking at this document, everyone who worked in that department was a Supervisor.  What was the DPI like 37 years ago?  Check the below out, when it looks like Delaware was trying to create the Individualized Education Program, what we now call the IEP.

 

Restorative Justice Legislation In Delaware Would Decrease Suspension Rates & School To Prison Pipeline

s-to-p-suspensions

This legislation hasn’t even been filed.  It was sent to me anonymously.  I have very mixed feelings about this.  There are many things kids are suspended for and probably shouldn’t be.  But to limit suspension rates over bodily injury, threats of bodily injury or death but not in self-defense, or bringing weapons to school.

What about racial epithets?  Or swearing at a teacher?  Or throwing furniture but not causing bodily injury?  Or making sexually suggestive comments to a student?  Those are all things that would have given me a ticket home when I was in school.  Bullying isn’t addressed in this unless it is physical.  If we have zero tolerance for bullying under any circumstances why isn’t this included?

What if a student abuses the new system?  Continuously?  My fear with this type of bill is students trying to get out of class and knowing they won’t be suspended for it.  As well, if a student gets in-school suspension, the parents should be notified right away.

Perhaps the biggest part of this bill concerns students with disabilities.  Under the federal IDEA law, a manifestation determination hearing must be held if a student is suspended a certain amount of time.  If the student isn’t suspended but still showing the behavior that would have caused the suspension prior to the implementation of this law, how can an IEP team have the manifestation determination hearing?  The purpose of these is to develop a Behavior Intervention Plan after the school psychologist develops a functional behavioral analysis.  That is federal law.  State law does not trump federal law.  But if the state does away with the catalyst for the federal law, isn’t it essentially taking away rights for students with disabilities?  And does restorative justice replace what is in a developed IEP?

I’ll be honest, restorative justice wasn’t around when I was a kid.  Maybe it is great.  But is it known to work?  In my opinion, all the restorative justice in the world is not going to cure what comes in from a home environment.  If a student comes from a broken home or violence, it may temper the behavior but it doesn’t get rid of the outside of school problems that could be a very big reason for the behavior.  I would caution our legislators on passing this bill as written.  There are too many factors at play here that haven’t been looked at yet.  Which could be why it wasn’t filed yet.

Restorative Justice came about in prisons.  I have no problem with anyone making amends.  But it is for criminal behavior.  By using this in schools, are we making some issues bigger than they  are?

On the other hand, this law would reduce many suspensions that are completely unnecessary.  When I hear about the reasons some kids are suspended, I shake my head.  But then again, sometimes suspensions dealing with weapons brought to school could be seen as overreaching depending on the circumstances.  We need consistency but we also need common sense.  There are never easy answers.  But I would love to hear your thoughts on this.  Keep in mind, this bill hasn’t even been filed yet.