The Best Resources for Special Education Teachers

Many teachers across the United States subscribe to the old proverb: “It takes a village to raise a child.” They feel that they alone cannot ensure the academic success of any one child. This takes the concentrated effort of educators, parents, administrators, politicians and community leaders. And it may take just a slightly larger village to meet the needs of those in special education.

With federal programs, Individual Development Plans (IEPs) and integrative practices at schools throughout the country, special education students do have a wealth of support and resources designed to help them achieve in the academic environment.

But to where do special education teachers turn when they need information to help them improve their strategies, better understand a specific learning disorder or special education laws, or provide more effective learning opportunities for their students?

World Wide Resources

As one might expect, teachers can go to the Internet to find the resources providing the tools needed to do their job to the best of their abilities. Some websites are fully or partially devoted to providing special education teachers with links to applications, interactive games and other tools and suggestions to help them better perform their challenging vocation.

The Best Resources for Special Education Teachers

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Here are a few of the more well-known sites that are either devoted solely to special education or contain sections addressing special education topics:

  • Do2Learn: a comprehensive special education site that offers everything from free songs and games to overviews of disabilities and behavior management plans.
  • National Association of Special Education Teachers : a national association providing links to audio lectures and presentations on topics ranging from stress and classroom management to intervention and assessment methods, online professional development courses, relevant publications and more. Some materials are accessible only to members.
  • Teachers Helping Teachers: written by teachers, this site provides a section devoted to special education. This page contains articles covering effective games for special needs students as well as articles addressing such topics as modification strategies, classroom management tips and even techniques for keeping paperwork organized.
  • Learning Disabilities Online : offers an Educators section with articles about learning strategies, technology and methods for teaching specific content as well as an online store selling video series and other products which teachers can use as supplements to their instructional materials.
  • Special Education Resources for General Educators (SERGE): contains a link to the model standards of licensing general and special education teachers as well as links to regional and national organizations supporting and providing information about specific disabilities.

Gaining More Insight

Though not geared specifically to special education teachers, this group would find the following resources helpful.

For more information about specific disorders, teachers can turn to the following organizations, among others:

  • Autism Society of America
  • National Attention Deficit Disorder Association
  • American Association on Mental Retardation
  • National Down Syndrome Society
  • International Dyslexia Society
The Best Resources for Special Education Teachers

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For legal information regarding special education, teachers can find details about the Individuals with Disabilities Education Act (IDEA) through the U.S. Department of Education. Information about special education laws can also be found on individual state education agency and department websites.

Not Enough?

Some feel  that there are too few resources for teachers who arguably need all the support they can get. It might appear so, but the resources that are available seem to be thoroughly informative and easily accessible.

Perhaps, though, all the extensive resources in the world can’t replace what special education teachers need most: parental involvement, administrative dedication and political support.

These could be the most valuable resources in the village.

 

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An In-Depth Look at Special Education Terminology

Do you know what the word ‘mainstreaming’ refers to when used within an educational environment? Do you know what the letters IDEA, LRE or IEP stand for? Can you fully define Attention Deficit Hyperactivity Disorder (ADHD)?

If you do not have a career in special education, you may not know the answers to these questions.

As in most any area, such as medicine, law or engineering, special education has its own terms and phrases. Teachers, psychologists, school administrators and educational policymakers need to be familiar with special education terminology if they are to effectively communicate with parents, the community and other professionals.

An In-Depth Look at Special Education Terminology

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Coming to Terms with Special Education Language

Teachers and school administrators are not the only professionals who use and need  to be familiar with special education language. Special education terminology is found within educational, legal and psychological contexts.

Some terms refer to special education laws, some to specific disabilities and still others to practices and procedures in educational institutions. Some are general terms with which anyone would be familiar, such as “learning disability”, “cognitive development” or “behavioral disorder”.

Others are fairly specific to the special education field. Following are a few terms and their meanings:

  • Inclusion: the placement of special needs students in classes with the general student population
  • Mainstreaming: integrating special needs children into general classrooms for only some but not all classes
  • Early intervention: providing special needs services to young children, typically aged three and under, who display signs of developmental disabilities
  • Individualized Education Plan (IEP): a written plan developed by committee (teachers, administrators, therapists and parents) outlining how a special needs student’s learning goals and objectives will be met
  • Designated Instruction Services (DIS): special needs services provided outside the scope of the regular classroom; these would include but not be limited to speech or physical therapy, behavioral training, assistance with medical devices or nursing services

Spelling It Out

Special education terminology is filled with letters and acronyms, many which would be unfamiliar to those not involved in this field.

IEP and DIS have already been identified and defined. Here are a few more unique to special education:

  • IDEA (Individuals with Disabilities Education Act)
  • IEE (Independent Educational Evaluation)
  • LRE (Least Restrictive Environment)
  • DAPE (Developmental Adaptive Physical Education)
  • TEACHH (Treatment and Education of Autistic and Communication Handicapped Children)

These do not include the letters that represent medical conditions and disorders, such as ADD/ADHD (attention deficit disorder/attention deficit hyperactivity disorder), PDDs (pervasive development disorders, such as Asperger’s syndrome) and ODD (oppositional defiant disorder), to name a few.

Terms of Endearment

What might be the most powerful terminology in special education are words we are all familiar with and that are not applicable only to this field.

An In-Depth Look at Special Education Terminology

Words like patience, understanding, tolerance, dedication, support and acceptance go a long way when working with or for special needs children. These words are just as important, if not more so, than all the terms and acronyms associated with this field.

For special education programs and policies to work, they need strong-willed, compassionate and determined individuals who not only know the laws and terminology, but have the desire to see that every special needs child receives the education he or she deserves. These children need supportive parents and a supportive community, patient teachers and dedicated lawmakers, not to mention the understanding and acceptance of their peers.

Those are terms we can all agree to.

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What Factors Go Into Developing a Special Needs Curriculum?

When determining how best to instruct a child with a learning disability, there is no formulaic method for success. This is largely due to the varying degrees at which children are affected by their disabilities. For example, a child who is simply dyslexic requires distinct assistance from a child with severe mental impairment. As a result, a proper curriculum must take a wide range of factors into consideration:

Special Needs Curriculum

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Meeting of the Minds

It is said that It takes a village to raise a child, and the old adage certainly rings true in special education. No single person, including the parents, will know all of the challenges faced by the child throughout his school day. It’s important to bring together, at minimum, all those who have direct contact with the child on at least a semi-daily basis. This includes the parents, a special ed teacher, a general ed teacher, the special education director, and even the child when appropriate.

Determine the Class of Assistance Required

This group will determine, through mutual agreement, exactly what type of assistance the child needs. From minimal collaborative assistance where the child meets outside of class with a psychologist, language specialist, or for other assistance as needed to a Self-Contained Special Education dynamic where the child does not attend or participate in general education.

Additionally, this can also be the time to determine the specific learning issues if hitherto unidentified, for the sake of all in attendance. Clear and deliberate communication at this stage provides the strongest path forward for both the child and those instructing him, as well as serving to minimize the potential for miscommunication. Image courtesy of Flickr

Lay Out Measurable Goals

As with General Education, a child’s progress needs to be measurable. The hindrances to the child’s ability to learn are not a reason to omit reasonable goals and standards of success. It may take some fine tuning to keep the goals attainable, but it is paramount that they be specific and therefore measurable.

It is not enough to say, “Julie needs to improve her reading.” This goal is based on an undefined sense of improvement that could be different to everyone observing her progress. Instead, set specific reading speed goals for each week, month and school year. Use comprehension tests to measure her ability to understand what she reads, and pursue specific increments of improvement.

Track the instruction as well. Sometimes it is the teaching approach itself that is responsible for delayed progress. Often small changes and improvements to the instruction can break through a stall that might otherwise have taken more time.

Verify the Curriculum’s Effectiveness

Regardless of the learning difficulties and feelings of those involved, the curriculum itself should adhere to a certain standard of quality. Some questions you might ask, among others, about the specific curriculum are:

  • Does it help achieve the various learning goals within the eight domains of learning as outlined in the learning standards of your state?
  • Do the expectations allow the children to master current skills as well as provide appropriate challenges that lead to new skill acquisition?
  • Does it build on and extend children’s current knowledge and abilities?
  • Does it promote the development of higher order abilities, such as thinking, reasoning, problem solving, and decision making?
  • Does it lead to conceptual understanding by helping children construct their own understanding in meaningful contexts?
  • Does it provide experiences that promote feelings of success, competence, and enjoyment of learning?

Monitor Progress, Amend as Needed

It is entirely possible that in spite of everyone’s best intentions, a curriculum may not create the desired improvement in the child’s learning. If this is the case, the parents or teachers, should feel free to offer thoughts on how the system might be improved and to shape the curriculum over time until it achieves the desired results.

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Lost in Translation: the Challenges Presented in Bilingual Special Education

In general education, both teachers and students face certain obstacles along the path to learning. If a student is learning English as a second language (ESL) then there can be greater difficulties, as communication and comprehension break down at a basic level. In bilingual special education, all of these traditional problems exist and are compounded further by the individual student’s learning disabilities, making it difficult not only to discern where the obstacles lie but in which language the student will best understand the solution. In this article, we will probe into the specific challenges relating to culturally and linguistically diverse students with exceptionalities (CLDE).

Miscategorization

One of the more common issues within bilingual special education is the miscategorization of English Language Learners (ELL), who are developmentally capable, as special needs. Evaluations for learning disabilities do not adequately account for a child who is still learning a language versus a child with learning disabilities. Such a child may know three colors in English where a monolingual peer knows five. This child may be able to name an additional three colors in their native language, making them above average learners, but they are not tested for this and are thus miscategorized as special needs due to an inadequate evaluation.

Proper Classroom Supportbilingual special education

CLDE students who are placed in a special education classroom still require services designed to support ELL students. Just because they will have an education that caters to their learning disabilities does not mean that they can stop developing their english language skills. Students without learning disabilities require 3-5 years to become orally fluent in a second language. This only highlights the need for further attention to a CLDE student’s education which considers their primary language in the learning process, as they might require more time to become fluent in English.

Culture and Language

CLDE students have the added obstacle of learning in a culture distinct from the one they have grown up in. Ideas can be communicated quite differently across cultures, even teaching and learning styles themselves can be foreign and ineffective if not properly adapted. Students with disabilities require teachers who are aware of these differences, in both culture and language, and who can properly instruct the children in a way an untrained special education instructor could not.

For example, a Chinese student might expect a more rigid classroom structure and could feel flustered and confused in its absence. She might have difficulty focusing on the task at hand until the material is presented in a more familiar setting, at least initially. Similarly, a student of a more traditionally extroverted culture, such as Latin America, might have difficulty adapting to the social norms of an introspective classroom environment. A knowledgeable teacher could help bridge the gap and correct undesirable behavior without resorting to strict punishments or exclusion.

In summary, CDLE  students require culturally and linguistically responsive teachers and instruction, supportive learning environments, assistance in general education, and assistance learning English. If any one of these elements is absent or inadequate, it can impede the education of a CLDE child even further.

 

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Finding the Right Grants for Special Needs Children

These days–at first glance–it seems like our society has finally come around in regard to awareness towards children with special needs. Public awareness of various disabilities—autism and Asperger syndrome are two salient success cases—has risen sharply in the last few years, as conditions formerly cocooned in shame and misunderstanding are now being fought head-on, through countless benefit events and pledge drives.

Nevertheless, in reflection of the well-nigh criminal underfunding of our school systems, special needs kids often find themselves underserved. What makes this situation all the more tragic is that a veritable mother lode of various monies that go untapped each year. Here’s a quick look at special needs funding and how to get it.

Special Needs Funding: The Lowdown

Although funding for special education is a many-sided story, it’s not so byzantine that the average parents can’t wrap their heads around it. Unfortunately, much of the fine print goes tragically misunderstood. A lot of parents are under the false impression that it’s largely—or even entirely—the bailiwick of the state and federal governments to allocate monies for special education. In reality, a free appropriate education, or FAPE, has been mandated for special needs individuals by the federal government, but the bursary process takes place almost entirely at the local district level.

Back in 1975, the federal government passed the Education for All Handicapped Children Act, a legislative measure that was subsequently modified into the Individuals with Disabilities Education Act, or IDEA. Under the parameters of IDEA, it falls upon the state to secure services for special needs children as a precondition for school systems to receive any federal funding.

The fed acts as guarantor for three different special ed funding grants under the auspices of IDEA, the most significant of which is called IDEA Part B, a program that targets students in the K-12 range. It’s important to point out that under special education law, students are granted very specific basic rights and privileges, so those seeking grant monies would do well to secure the services of a lawyer to make sure that no legal stone is left unturned.

Image Courtesy of Flickr

Image Courtesy of Flickr

Beyond the Baseline

While on paper the directives of IDEA would seem to cover the needs of all special ed kids, the reality is that states are only coughing up a mere 15% of the funds promised in the language of IDEA’s legislation. What’s more, the true cost of special education can surpass the rather conservative allowances made by official channels. For example, an individual with autism may pay as much as $2.4 million over the course of a lifetime, according to a paradigm-shifting study published by JAMA Pediatrics.

Unfortunately, there really is no conveniently located central clearinghouse with which to track down external grant opportunities, although there are a few reliable databases to turn to. The best way to seek money is to be as specific as possible in researching the student’s circumstances and disabilities. Often times, hiring a special needs advocate to help find opportunities for your child with special needs is the best approach, Some monies are available only for residents of particular states, while others target special needs children who may face challenges presented by certain minority statuses. On the one hand, a slew of grants may be earmarked for ADHD children specifically, while elsewhere there may be grants that are written exclusively to meet the transportation needs of all special needs cases. Elsewhere, certain corporations kick off programs that supply special needs programs with particular pieces of equipment, such as free iPads.

The final secret of finding grants is to be thorough, persistent, and punctual. If you look hard enough, the internet generally will provide ample leads with which to secure funding, but in many cases the money flows out according to meticulous schedules tied to reams of paperwork. Be prepared to do  a lot of thankless virtual footwork—but given the payoff, it should be work borne lightly.

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The Joys of Working with Special Needs Children

Being a teacher of any stripe is no job for the thin-skinned, but those who chose to charge into the field of special education, working with special needs children deserve to come back with medals on their chests. On top of the standard issue stresses of education, special ed teachers face increased emotional demands, potential liabilities, and the eternal need to tool up with new developments in the field. So how, then, does special education find its way onto the top ten list of career satisfaction? Simply stated, working with special needs children offers profoundly meaningful experiences that money can’t buy.

Involvement with students’ lives

 Although all teachers should be great communicators, special needs teachers need to be a walking Rosetta Stone of translating needs, perspectives, and experiences. In addition to navigating students for whom connection with others may be a challenge in itself—think autism—special ed teachers often act as a conduit between parents, therapists, and case workers. That can amount to a job you don’t leave at the office, as parents may seek guidance and feedback after the bell rings. But it also means knowing you’re taking an active role in a young person’s growth.

 Special needs teachers are more likely to break through social barriers than their general ed counterparts, and that give and take more than makes up for a few late night phone calls.

Courtesy of Flickr

Courtesy of Flickr

 

An endless well of stimulation and personal upgrading

Any special needs teacher will tell you that even on a slow news day, their environment is never dull. While general ed teachers can often count on trotting through the school year at a stately, measured pace, the universe of special needs students is an endlessly morphing evolution of new people, challenges, and sometimes crises.  For those with the right profile, however, such pressures are impetus for ever-renewing growth, not buckling under.

Getting through to many special needs kids is rarely a by-the-numbers affair, so even the most mundane feats of communication may stoke a teacher’s ability to tackle problems creatively. Even more than with general teachers, special needs teachers find themselves re-learning about the world they live in, often learning about the limitations of their worldview in the process. This intellectual rejuvenation, coupled with the daily effervescence of wide-eyed young people, manages to cultivate a playful sense of vitality among special needs educators.

The Little Moments

Bound up in the altruistic care that comes with effective teaching, there is often a little selfishness: we feel good about ourselves when we see our efforts at illumination catch fire. This is true for all educators, but these emotional and intellectual dividends are magnified in special ed, often because many of its students have had their faith in their abilities shattered—or never built up at all. Similarly, the thanks a special needs teacher gets from parents who have previously felt isolated in their quest for their children’s blossoming is a precious and unexchangeable currency of its own. Breaking through the various boundaries that separate all human beings is always a powerful jab of pleasure, but when the challenges are higher, so are the rewards.

In short, the very challenges of being a special needs teacher are often its very rewards. It demands that you be as strong and resilient as a spider web, yet vulnerable at the same time.  It demands one be human, in the fullest sense of the word, and it provides no shortage of raw material with which to become fully so. What more could one ask for in a job?

 

 

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Exploring the Philosophy of Special Education

For reasons that are still unclear, more and more children are being diagnosed with disabilities, from Down syndrome to speech impediments. According to the Center for Disease Control, an astonishing one in 50 American children is diagnosed with some form of autism, a ratio that has demonstrably gone up over the past decade. Accordingly, we’re seeing increased awareness of the need for screening, treatment, and understanding, when it comes to children with special needs.

Part of this trend is manifested in a new wave of attitudes in special education that on the whole stress a non-clinical, organic, and inclusive approach to students. Here is a brief cross-section of a few of the prevailing schools of thought:

Courtesy of Flickr

Courtesy of Flickr

 

Person-centered planning

In the past, special education often fell into the same pitfalls of a more clinical-based approach to psychology. Students, like patients, were seen as problems to be first classified, then fixed, by a specialist tooled in a highly specialized jargon of symptoms and syndromes.  As a result of such “service-centered” orientation, many special ed students found themselves more identified with their problems than their strengths, making them feel more ostracized from society at large.

In contrast, current person-centered approaches turn the above equation on its head by using students’ goals and desires to guide growth, rather than external metrics of normality. In a nutshell, PCP is a “people first” philosophy that values’ students abilities to make choices, nurture abilities, and feel comfortable in all social spaces.

The methodology of PCP is straightforward yet dynamically responsive to individual needs on a case-by-case basis. Educators adopting this model help special ed students build a sense of themselves using their own vocabularies rather than alienating labels and jargon, and this process is itself a source of empowerment and identity-building. From conversation and observation, teachers glean extant talents and dreams in each student and then build plans of action to bolster these nascent positive attributes in a real-life way. For older students, this may include charting a vocational path.

“Mainstreaming”

As addressed within the discourse on person-centered planning, one of the biggest stumbling blocks among special needs students is a strong feeling of being an outcast; a sense of being unable to contribute meaningfully to mainstream society. Although not without its critics, mainstreaming, or a more integrated and inclusive approach to placement for special needs students, attempts to break down a number of stigmas.

Mainstreaming isn’t a one-cure-fits-all panacea, but for students who fit the right profile, the results are powerful. Since effectiveness of this approach is contingent on positive reinforcement from a sea of potentially hostile peers, mainstreaming works best with already high-functioning students with less obvious symptoms, such as ADHD. Obviously, kids with a history of violence, self-inflicted or otherwise, are usually unwise candidates. But when the fit between a student’s social competency is met with an open enough mix of other kids, everyone benefits.

When special ed students are “ghettoized” into their own exclusive group, said students can develop an unhealthy fantasy of what “normal” people on the other side of the fence are like. At worst, they can develop intense anxiety toward non-special needs agemates, and consequently may act out dramatically in the presence of potential bullies—sadly, often just the kind of stimulus needed to trigger a bully’s victim-antennae. By spending at least some time among “regular” classmates, special needs kids can build the social muscle needed to avoid accreting a fixedly risk-averse behavior type. On the flipside, non-special students in an inclusion class will mature through facing difference and understanding tolerance through the rhythms of daily life.

Courtesy of Flickr

Courtesy of Flickr

 

Social stories

Of the many learning and behavior issues that exist, few have commanded public awareness in recent years as autism. Accordingly, new ways of intercepting the well-known social awkwardness of autism have arise, prominent among these the “social stories” model. In this framework, the obsessive elements of autistic behavior are viewed as a sort of internalized “script” of stimuli and responses. Through a path of co-operative shaping and chaining, teachers and students craft a new narrative to gradually re-route a path of reaction that the autistic child has grown to see as inevitable.

After getting to know the student and his or her behavior, a teacher will help script a new personal “story” regarding any number of social situations, using a codex of task-specific sentence types. Say a student has a problem with touching their nose obsessively. A social stories approach would help the student verbalize the silent monologue that usually accompanies said negative behavior, then voice a new set of outcomes in its stead. Not only does this help socialize autistic kids, it also empowers them though achieving self-directed personal goals.

None of these approaches is a magic bullet for any disorder, and as with any kind of treatment, diligence must be taken to observe successes and failures on a daily basis. Just as we’re seeing various forms of more inclusive, integrated approaches to special ed placement, the current rise in incidents of bullying can create a perfect storm for harassment and trauma. Still, special education has become more enlightened toward the roots of disabilities, and while we may not ever be able to cure these afflictions, we have the power to help special needs individuals carve more fulfilling lives than ever.

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Steps to Consider before Contacting a Special Education Attorney

Steps to Consider Before Contacting a Special Education Attorney

Having a child with special needs can be trying, but as a parent, you likely believe that your child’s school is doing what they can to help. Unfortunately, there are times when a school just doesn’t pull its weight when it comes toeducating special needs children.

When it becomes apparent that your child isn’t receiving the experience that they need, it may be time to consult with a special education attorney; the only question is: when is enough enough? Going through the process of interviewing and–eventually–hiring the candidate right for your situation can seem like a daunting task, but it’s vital to the effectiveness of your choices to keep in mind just what a special education attorney can do. They can be equal parts friend, mentor, advisor, and bodyguardI. n the end, they stand with you and your family.

Before you hire a special education attorney, use these tips to try and help your child get the education they deserve.

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Talk to Your Child

Before you do anything, it’s important to talk to your child whenever possible about conditions at school. In some cases you may be able to work with your children to simply change their situation or understand more about what’s going on.

Of course this may not work with all children in special needs classes, but if you can have an open dialogue with your child about their education you should attempt to do so. Some problems – ones your child definitely cannot resolve even with your help – don’t require this step.

Speak with Your Child’s Teacher

Problems at school for your child often begin in the classroom. While many special education teachers do everything they can to help students, they do make mistakes and there may be times when they are not aware of your child’s particular learning difficulties.

Taking time to talk with your child’s teacher may help clarify a problem, and see that it gets special attention in the classroom. You’ll need to set a meeting with your teacher and request progress reports in the future to make sure changes have been implemented, especially if you feel your child wasn’t getting proper attention before.

Work with School Administrators

Serious problems with your child’s education may not need the help of a teacher and there may not be anything that they can do. Examples include overcrowded classrooms, or simply poor instructors who aren’t working properly with your child or other children in class.

When this happens you’ll want to go right to your child’s school’s administrator. Explain your problems and let them know that if they aren’t resolved in a timely fashion that you will have to move your child and discuss your issues with the school board.

Image Courtesy of Flickr

Contact the School Board

Contacting the school board should generally be your last resort to correct a situation in your child’s school. These types of meetings should be reserved for major issues that even school administrators may not be able to work out – like teachers not showing up for classes orpoor treatment of students.

It may take some time to get a meeting with your child’s school board, so make sure you let them know you want one as soon as you are aware of a serious problem.

Inherently, school teachers and administrators desire to teach. They want to help children to see their full potential. In some cases, however, this isn’t the case. A special education attorney can help your special needs child get the education that they deserve using the world continuing education alliance. While most school administrators and teachers want to do a good job there are some bad eggs and just plain bad systems that need to be dealt with.

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School Actions (or Inactions) That Can Cause Lawsuits

Most children spend the majority of their day in a public school setting, so there is an important responsibility  placed on schools for their role in the children’s lives. With a responsibility that nature, there is also a large possibility of disputes arising over a variety of situations, school actions which if handled poorly can lead to lawsuits and big Pharma class actions filed against the school district.

Bullying and Harassment

In the case of bullying and harassment, is is inaction, or failure to prevent or stop the bullying, for which school districts are most often sued. Each state has different laws regarding what school districts are required to do or not do, there are several things every school should do that will increase the safety and wellbeing of its students, as well as prevent potential lawsuits.

These steps include:

Assessing Bullying in the School

Find out when, where and how often bullying is occurring. This can be done through official surveys, asking general questions and performing subtle observations when students interact. Conduct this survey at least once a year, and ensure that respondents’ information will be kept private at all times.

Engaging the Community

Campaign in the community to increase awareness of what bullying is and how to end it. Parents should be treated as partners in the process of helping students feel safe at school.

Establish a Safe School Environment

Nurture a culture of tolerance and acceptance in all aspects of the school, from teachers’ meetings to the PTA to students’ group projects. Draw up a list of rules for treatment of others in the school that must be followed by everyone at all times. Monitor areas where bullying often occurs, and enlist school staff in keeping an eye on student interactions.

Discrimination

Lawsuits are also filed against schools for discrimination, especially in regards to students in special education programs. Discrimination can occur in many areas- admissions, grading, class placement and personal instruction, among others. Because it covers such a wide span of potential issues,  it highlights the importance of school districts treating each student equally, and providing extra help to those who require it.

Retaliation

School districts can also be sued for retaliation, as in the case of Pamella Settlegoode v. Portland Public Schools. Ms. Settlegoode was a physical education teacher who was struck by the inequalities in services for her students with disabilities. After advocating for these students, the school retaliated by firing her and blackballing her from gaining employment at any other area school. After the difficult trial, she was awarded one million dollars.

Interference with Right

Interference with a student’s constitutional rights are also grounds for a lawsuit against a school district. Whether a student’s rights have been violated is determined by what is called the “Tinker test,” after the landmark case, Tinker v. Des Moines Independent Community School District. In this case, the court ruled that the first amendment applied to public schools, and that the school could not restrict students’ free speech unless it was proven to be disruptive to education. The Tinker test is now applied in all instances in which a school district is accused of limiting free speech.

To learn more about school districts and legal proceedings, take a look at the cases mentioned. For school districts to avoid being involved in lawsuits, they must take exacting steps to ensure each student and staff member feels safe, receives the best education possible (if a student), is not targeted in any way by the school, and is not deprived of any constitutional rights.

If you would like to get more information on these topics and more come to the Special Education Laws Made Simple Seminar Monday, May 19th in Orange, CA!

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An Overview of the Due Process Procedure In California

Your child’s education is rightly very important to you, so if ever any issues arise between you and the school, it’s important you know that there are special procedures in place for resolving disputes: mediation and due process hearings.

 

An initial response to a dispute is often mediation, where you and a school representative will meet with a neutral third party to discuss the issue. The mediator has no authority to impose a decision, and is there only to facilitate discussion in order to help you and the school reach an acceptable compromise. If you are not satisfied by the results of mediation, you may proceed to a due process hearing. If you are not interested in mediation at all, you may go directly to the due process hearing.

Every person in California is guaranteed due process by the state and federal Constitutions. Due process protects individuals’ rights, and in this case, specifically the rights of students in special education programs.

 

What is a Due Process Hearing?

 

It is an official, legal procedure meant to resolve differences between parents and their child’s school as concerns special education services and a free and appropriate public education. They are most often held over disagreements about a child’s evaluation, eligibility or placement, services such as aides and specialists, changes to a child’s IEP, or a child’s suspension. Both the parent and the school district have the right to file for a hearing. The party who files is responsible for proving whether the child’s rights are being respected.

 

How to Request a Due Process Hearing

 

Send a written request, called a Due Process Complaint, to the state and the school district. This must be filed within two years after you are aware of the issue. It must include:

  • Child’s name, address and school
  • Parental contact information
  • Description of the reason for requesting a hearing as relates to the child’s education
  • Proposed solution to the problem

It can also include the sections of federal and state codes that you believe have been violated.

 

You may increase your chance of success by hiring a lawyer or special education advocate, though legal costs can add up very quickly. The school district is not required to pay your legal fees.

 

However, filing a Due Process Complaint can incur fees and added stress, so it is wise to only go this route if absolutely necessary. You should always try every available opportunity for mediation and collaboration with the school district before resorting to filing for a due process hearing.

 

During the Due Process Procedure

 

After filing a Due Process Complaint, the student has the right to stay in his or her current placement and use the current IEP.

 

Since this can be a very stressful time, do all you can to stay organized and informed of the events. Be able to clearly define the school’s position and reasoning, as well as your concerns and proposed resolutions so as to hopefully avoid becoming overly emotional in the hearing. Most importantly, rather than getting caught up in the red tape, remember why you’re doing it- to help your child get the best education possible.

 

Timeline of the Procedure

 

 

After the parent files a request for a due process hearing

Within 10 days: the school must offer a resolution meeting or agree to proceed with the hearing.

Within 15 days: the school district must notify if it is challenging the complaint’s sufficiency, offer a resolution meeting, or agree to go forward with the hearing.

Within 75 days: the Office of Administrative Hearings decision must issue a decision.

 

If mediation is requested, this will occur approximately 35 days after the filing date. The due process hearing will usually be held about 55 days after the request is filed, and a prehearing conference will be scheduled one week earlier.

 

The Office of Administrative Hearings must issue a final decision within 45 days of the Due Process Hearing.

 

More Information
More guidance on preparing for and completing the Due Process Hearing is available from California’s Office of Administrative Hearings.

 

If you would like to get more information on these topics and more come to the Special Education Laws Made Simple Seminar Monday, May 19th in Orange, CA!

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