Tag Archive for: Education

Disability Rights California is a non-profit organization with a mission “…to advance dignity, equality, independence and freedom for all Californians with disabilities.”  It provides information and advocacy.

Receiving Help

DRC, explains on their front page, some of the services they provide:

  • Direct representation in criminal law, family law, bankruptcy or evictions
  • Personal injury lawsuits
  • Filling out Social Security application forms
  • Obtaining guardianship or conservatorship

More specific details on how they serve, and who they help, are explained on their eligibility page

For information on how to contact them at a local office, see here.

Self Advocates

If you are advocating for yourself or someone else, the website features the Special Education Rights and Responsibilities (SERR) manual loaded with information on specific rights and how they apply in different situations.  We use this site for training here at CSNLG and find it one of our top resources.

This PDF has a link to all their resources. It is a bit overwhelming though.

In general, the website is loaded with links and options and the organization of it all can be hard to follow. It takes some time to “learn” how the site is organized and the areas that are best for your situation.

Social Media

DRC has a social media presence, and if that is a preferred source for you, be sure to check out them out:

I don’t know about you, but the thought of hiring a lawyer for any dispute makes me go into a near panic. Right away I start to think about just how much it is going to cost? This is especially true for parents like us who have a child with Special Needs. Is it worth the cost to hire an attorney to advocate for better or additional services for your child? Would it simply be better to take those costs and use them for services or therapies out of pocket?

You notice your child is not performing in school as well as his/her peers and you begin to think something is going on. It is at this point that you, or an educator, might suggest an assessment be given.

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!

LRE, mainstreaming and inclusion are essential terms to know when working with a student in special education programs. These elements of students’ IEPs will determine how they spend their time at school, how they receive services and how they function within the school’s community, among many other things.

What is LRE?

 

LRE stands for Least Restrictive Environment, and it refers to the situation that will allow a special education student to receive the education most suited to his or her needs, while spending the most amount of time possible learning alongside their peers without disabilities. LRE dictates that separate classes should only be held for special education students if nature or severity of their disabilities preclude satisfactory education from occurring in a regular classroom.

LRE recognizes that for a child with disabilities to be educated appropriately in a regular educational environment, additional services and aids may be necessary, and indeed, can play a pivotal role in the child’s development. The addition of these resources is nearly always preferable to educating the child in a separate setting.

LRE guidelines also state that education for the child with special needs is to be “achieved satisfactorily.” This language is not vague with the intention of permitting these students to receive subpar education; on the contrary, it allows each child’s IEP team to determine what constitutes satisfactory results for the student.

These standards benefit special education students by allowing them to learn with their peers in a cohesive environment, rather than learning in a separate space that distances them from their fellow students.

What is mainstreaming?

 

Mainstreaming is the term used to describe integrating students with disabilities into regular learning environments. Mainstreamed students have high potential for success, but it is vital that they receive support personalized for their needs by their IEP team. It is bringing special education services to the child rather than removing the child from the regular classroom.

Benefits of mainstreaming often include higher academic success, increased self-esteem and more astute social skills.

What is inclusion?

Inclusion is the process of mainstreaming a student to comply with LRE. For students with disabilities, advantages to this process are the opportunity to form friendships with their peers from whom they would have been separated if educated in a separate classroom. It allows students with disabilities to interact with non-disabled students to the benefit of all; they will all learn how to work together, gaining invaluable skills for the future. Students taught in a classroom with inclusion will learn to be more accepting and respectful of people from different backgrounds.

Additionally, families of students with disabilities will be able to integrate more easily into the community of the school, creating those relationships between parents that lead to friendships between children and more opportunities for socializing.

Who decides where the child is placed?

The decision for where the child will be educated is up to his or her IEP team, of which the child should also be a part, when they have reached a suitable level of maturity.  The IEP team will consider the student’s academic and social history, goals and specific needs.

Placement can be changed whenever it is decided that the current situation is not beneficial to the student, or can be improved in any way.

Why are these terms important?

With LRE guidelines, mainstreaming and inclusion, special education students are poised to receive the most effective and appropriate education possible. Everyone involved in a student’s IEP team should be knowledgeable of the processes and advantages involved in LRE.

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!

Any parent of a special needs child knows how stressful and even confusing it can be to navigate the sometimes murky waters of your school district’s special education system. Although schools today are much better equipped to handle children with special needs than they were in years past, sometimes it can still be a struggle to make sure you and your child’s needs are met and that everyone on all sides is happy.

If you’ve found yourself in a situation where you are having a hard time securing the education your child deserves,  the assistance of a special education advocate might be what you need to guide you through the deeper waters.

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What Is A Special Education Advocate?

A special education advocate is someone who is well-versed in special education. Maybe they are or were a special education teacher, or they have a degree in special education. Or it could be that they are a parent of a child with special needs who has gone through the education system, and now they want to help other parents by imparting on them what they have learned.

Many times having a special education advocate in your corner can be most helpful when working on the Individualized Education Program (IEP) for your student. The IEP is what determines the plan for your child’s education with the input and direction of everyone involved — parents, teachers, school administrators, and anyone else working for your child’s education — so that your child’s education goals are clearly set and everyone is on the same page.

Selecting A Special Education Advocate

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If you find you are in need of a special education advocate, how can you find one that is right for you and your family?

The first step would be to find a special education advocate in your area, and preferably one that is knowledgeable about the area you live in — either your state, county or city — and also has experience with the particular needs of your child. Some places to find potential special education advocates would be:

  • Your local school system, either your child’s school or school district, county school district, or even state board of education
  • A local parent group, such as the PTA
  • A local disability nonprofit or support group
  • Your child’s physician or counselor
  • Other parents of children who have special needs who have been through the IEP/special education process
  • A professional advocate group, such as the Council of Parent Attorneys and Advocates, which has a searchable online directory.

Once you have found a potential special education advocate for your child, then it’s important to know what questions to ask them. Treat this as if you were hiring any other professional to help you and your family — the interview process is important!

5 Questions To Get You Started:
  1. What is their experience with special education, especially the district, county or state you live in?
  2. Do they have any special education training? How well versed are they in special education laws?
  3. What is their experience with your child’s particular special needs?
  4. Do they have an understanding of what your special education issues are, and how do they plan to solve them?
  5. What types of support will they offer the family (such as attending IEP meetings) and how much time will they be able to devote to you?

For more questions to ask and things to look for in a special education advocate, use COPAA’s Voluntary Code of Ethics for special education advocates for more ideas, and here are some other ideas from the Federation for Children with Special Needs.

Demanding. Rewarding. Fulfilling. These are some of the words used to describe working with special needs children by those who have or are currently doing the job. As with parenting, it could be said that working with special needs children is the “toughest job you’ll ever love”.

From a heightened sense of accomplishment to a potentially life-altering perception of those less fortunate, there are many positive aspects to this type of work. Is it for everyone? No. But it just may be for you.

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Satisfaction Guaranteed

Whether it’s teaching the child with special needs in an inclusive classroom or in a separate special education program, teachers who have successfully worked with these students often describe the satisfaction they feel when the material is–sometimes, at long last–understood.

Why is this ultimately more satisfying that teaching in a traditional classroom, to traditional students?

Successes in working with these children are measured in inches, not feet. Even the smallest achievements of a special needs child is cause for celebration; the road to that achievement has likely been longer and rougher than for those without disabilities.

Setbacks, time spent coming up with more creative approaches to the material and even physically violent episodes might litter the road to that “Eureka!” moment when a special needs child grasps the concept being taught.

‘Part of the Job Description’

Yes, special needs children can kick. Or punch. But many teachers feel that this just comes with the territory. “It’s part of our job description,” was how special education director Kami Finger addressed it.

And these episodes can be offset by the knowledge that they’re doing the work that needs to be done for these children. Up to point when they have gotten a child to understand that math problem or that history lesson, they have already put in a lot of time, not just in the classroom but outside of it as well.

They’ve likely:

  • spent countless hours coming up with new and original ways to deliver the material

  • written several lesson plans, possibly one for each special needs child in their classroom

  • attended special training and special meetings

All this, too: just part of the job description.

The Patience of a Saint?

Does one truly need the “patience of a saint” to work with children with special needs? While it’s true that the job does require patience in abundance, some say that it more needs compassion and understanding and the will to work with those whom the school system–and even life itself–might easily leave behind.

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Working with special needs children can make you more aware of their plight in everyday society. It might help you not just at the moment but in many future moments to come. You’re likely to encounter an adult in a wheelchair, or with a personality disorder, at some time in your life. How you approach and interact with that person can be benefited by the fact that you work or worked with special needs children.

You just might come away with more of an appreciation of all people and how they develop, not just your students’ but your own children as well. You might learn patience, yes; and tolerance, and acceptance, and empathy. It doesn’t need to be seen as saintly, just human.

And that’s the payoff for all the hard work. For enduring that aforementioned job description. Working with special needs children can be difficult at the moment you’re doing it. But the dividends it can pay could last the rest of your life.

For children with special needs, learning can be a quite the struggle. Maybe they are unable to work at the same pace as their classmates and need extra help from their teacher. Or perhaps they learn in a way that is different from their peers, which can be frustrating and leave them feeling “different.”

For example, a recent article in The Atlantic found children with special needs were having difficulty with the Common Core program used in classrooms across the United States. And another recent article in the Miami Herald says students with special needs are struggling with mandated state educational tests.

Obviously no parent or teacher wants to see a child troubled and feeling like a failure. So how can they “re-frame” this idea for kids with special needs — how can parents and educators work together to help these students get motivated, stay focused and leave them feeling great about their educational success?

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P is for Practice

From the start, parents need to put a practice into place that puts an emphasis on education. A study from the University of Leicester and University of Leeds — and published on ScienceDaily — found parents’ involvement and support in a child’s education is crucial to its success. So for all children — including those with special needs — having a home environment that is makes education a priority, and practices that consistently, is critical.

L is for Lessons

For teachers who have a child with special needs in the classroom, lesson planning becomes very important as they now have to take in consideration the learning capabilities of this student. As we have covered in our blog before, we recommend teachers take the time to plan ahead and make accommodations for any students with special needs, and do what they can to make sure the student feels involved to help boost their overall self-esteem.

M is for Modeling

Modeling can be a very effective tool for younger students when you want to show and teach them good behavior skills, such as self-esteem. An article on the website of the National Educational Association gives some great tips on how teachers can be great behavioral role models for their students, from showing respect to thinking out loud. And parents also need to be models — Purdue University found children watch and learn from what their parents say and do. So if you want your child to have a better attitude towards their education, model is for them!

G is for Goals

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Goals can be a great way for any type of student to get more excited about their education. An article on LD Online says children who have special needs should be encouraged to set goals for their education, as well as other areas of their life, as it helps them determine their hopes, dreams and desires.

C is for Communication

As with any relationship, communication is very important. In this instance, it’s important for parents and teachers to be constantly communicating with the student in a way they’re going to understand. The good news is that many of the tips we’ve already covered — modeling, goal creating, lesson planning — are all concrete ways of communicating to the student they are not a failure. However, it’s important to continually communicate and praise your student as they succeed in their education.