Posts Tagged ‘disabilities education act’

Lies About Special Education Eligibility and 6 Ways to Overcome Them!

January 5th, 2011


Are you the parent of a young child who thinks that their child may have autism? Do you think your child’s reading difficulty may be related to a learning disability? Have you tried to have your child tested for special education eligibility and your school district said no? This article will discuss lies that are related to special education eligibility and 6 ways to overcome the lies for the good of your child.

Lies associated with special education eligibility:

1. We will test your child but we get to pick the tests, and the areas to be tested. The Individuals with Disabilities Education Act (IDEA) states that parents must give informed consent for testing (and to give informed consent the parent must know areas to be tested and what tests are going to be performed), and that the child is to be tested in all areas of suspected disability.

2. You must sign this medical release form so that we can get your child’s medical records before we do the testing. Medical records are private under HIPPA and school districts do not have a right to them.

3. Your child is on the waiting list for testing, be patient. IDEA does not allow waiting lists for testing or special education services. Testing must be complete within 60 days after the consent form is signed.

4. Your child has a disability but it does not affect their education. To be eligible for special education a child must have two things: A. A disability, and B. Educational needs; that is it, nothing else.

5. Your child does not have autism but has an emotional/behavior disorder. Many school districts state that a child does not have a particular disability; without even testing them.

6. We do not do those type of tests for initial eligibility. Remember that IDEA requires a child to be tested in all areas of suspected disability.

7. We met and decided that your child does not meet the criteria for special education. Parents must be included in all meetings and receive a 10 day written notice for all meetings for their child. Also, parents are equal members in the team that make any decision about their child, including eligibility for special education.

6 Things that you can do to overcome these lies:

1. Go to wrightslaw.com and educate yourself about the Individuals with Disabilities Education Act. Then you will know when you are being lied to.

2. Anytime special education personnel tell you that they can do something under the law; ask them for written proof of state or federal special education law that says that they can do it. Do this in writing, so that they cannot ignore you.

3. Try and find an advocate or another parent that is familiar with special education to help you navigate the system.

4. Put in writing all areas that you believe need to be tested, and the reason why. Recommend specific tests, if you are familiar with them. For example: If you think your child has Sensory Integration Processing Disorder (SIPT) ask for an Occupational Therapist that is SIPT qualified to test them.

5. Ask for copies of all of the written reports (includes testing and interpretation of testing), 10 days before the eligibility meeting, and ask an advocate or another parent to help you interpret the test results. That way you will understand what the test results say before the meeting.

6. If you are concerned that your child may have autism, ask for a Childhood Autism Rating Scale (CARS). When you request the Cars, tell the school that you will expect them to send you the parent survey for the CARS.

By using these 6 tips you will be prepared for any lies told by special education personnel. Stand up to them because your child is depending on you!

By: JoAnn Collins

About the Author:
JoAnn Collins is the author of Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game! As an educational advocate for over 15 years she has successfully helped hundreds of parents navigate the special education system. For more advocacy skills and information on special education go to: http://www.disabilitydeception.com



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Stay Put For Placement For Special Education Due Process Hearings

December 26th, 2010


Are you the parent of a child with autism or a learning disability that has filed for a special education due process hearing? Are you disagreeing with special education personnel about the placement of your child, during the due process hearing? Did you know that IDEA 2004 states that a child has the right to a stay put placement, until due process hearings are finished or resolved? This article will discuss what stay put placements are during due process hearings.

The Individuals with Disabilities Education Act (IDEA) states under 300.518 that: during the pendency of any administrative or judicial proceeding regarding a due process complaint notice. . . the child involved in the complaint must remain in his or her current educational placement. What this means is that if your child is in a placement, and you file for a due process hearing, the child stays in that placement until the due process is settled or resolved.

For Example: Your child with autism is attending a private school at public expense. The school district recommends changing your child’s placement to a school district program, which you think is inappropriate to meet your child’s needs. If you file for a due process hearing, your child would stay in the private school until your due process was resolved or finished. The last agreed upon placement is considered stay put!

Several issues on stay put:

1. The child’s stay put placement and the child’s IEP must be completely implemented (this means special education and related services also).
2. Stay put applies from the time the parent files for a due process hearing.
3. The school district is basically maintaining the status quo.
4. The school district is prevented from unilaterally changing your child’s placement. Parents must be a part of any decision to change placement.
5. School districts can change personnel but the services must be comparable.
6. Parents may agree to change the child’s placement during the due process if they feel that the current placement is inappropriate.

By understanding stay put for special education due process hearings, you will be able to determine what advocacy route that you would like to take, for your child. Filing for a due process hearing and revoking stay put can keep your child in an appropriate placement for a certain period of time. You would then have to prove to a hearing officer that the current placement meets your child’s educational needs, and that the placement needs to be continued.

By: JoAnn Collins

About the Author:
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special education system, as an advocate, for over 15 years. She is a presenter and author of the book “Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game.” The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled “The Special Education Spotlight” send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com



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Speech Therapy For Nonverbal Children

December 26th, 2010


Children with autism not only may have trouble communicating socially, but may also have problems behaving. The goal of speech therapy is to improve all aspects of communication. Speech therapy sessions will vary greatly depending upon the child.

Many scientific studies demonstrate that speech therapy is able to improve the communication skills of children with autism and consequently many autism centers offer speech therapy. For example, the Marian Hope Center in Missouri, offers many therapies with a focus is on individual goals for each child. The center, open since 2007, offers play groups, play classes, and pre-kindergarten classes. Special education teachers work with children with autism on skills that will allow them to mainstream and/or become a part of the community. There is an emphasis on integrative therapy that combines treatments such as speech therapy and nutrition therapy.

Older Nonverbal Children

Speech therapy has also been found to be beneficial to older nonverbal children. Some professionals thought that if children did not speak by age 5, then they would not be able to speak. A review of speech therapy studies in older children found that some children were able to speak their first words between the ages of 5 and 13. There were no reports in the speech literature of anyone older than 13 years starting to speak. Even in the 5-13 year old age group, however, it was relatively rare for children to start speaking. For example, out of 183 nonverbal children in two studies, 11 spoke their first words between 5-13 years of age. Speech therapy was helpful for some children, and worked after other therapy options did not work. Other helpful therapies included behavioral therapy (ABA) techniques (reinforcement, shaping, fading), sign language use, special education programs, and computer-assisted learning were also helpful.

Receiving Speech Therapy

Autism is a condition covered under the United States’ Individuals with Disabilities Education Act (IDEA) of 2004. The cost of this therapy is often covered by the government through this act. Unfortunately, sometimes there are lengthy delays before the government is able to supply the therapy that a child needs. A recent study examined the fate of the 14,623 children in 2004 who were under the age of three, lived in New York City, and who had developmental delays that required therapy services. In New York City, children with developmental delays are given an Individualized Family Service Plan (IFSP) to define the services that are needed for that child. Ideally the child would start therapy services within 21 days of getting their IFSP. The authors of the study found that some children had to wait longer than 21 days to get therapies. The percentage of children who had to wait varied for different therapy services. The highest was 13% for speech therapy, and the lowest was 4% for physical therapy. People in this study who lived in low-income or Spanish-speaking neighborhoods had more service delays than people who live elsewhere.

By: Lara Pullen, PhD

About the Author:
Please visit Healing Thresholds to learn more about speech therapy and other autism therapies.

Lara Pullen, PhD is the co-founder and CEO of http://autism.healingthresholds.com. Healing Thresholds Autism Therapy is a free website and email newsletter dedicated to healing the lives of families touched by autism. They provide comprehensive therapy fact sheets, daily updates of autism therapy research and news, and a global directory of autism-related therapists and services. A comprehensive fact sheet about speech therapy — plus research summaries, news, and comments — is available at http://autism.healingthresholds.com/therapy/speech-therapy.

Lara is a former research scientist in the field of immunology. She has been a medical writer since 1999 and has written on a wide range of topics from Alzheimer’s disease to diabetes. She is the mother of three children, the youngest of whom has Prader-Willi Syndrome.



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