Free iPad for Children with Autism

The HollyRod Foundation is accepting applications to donate free iPads to limited verbal/nonverbal children who experience Autism.

Link to application free IPAD for children with Autism:  http://www.azautism.org/wp-content/uploads/2010/11/HollyRod-2010-ipad-application.pdf

HollyRod foundation:  http://www.hollyrod.org/  (Click on top of page with IPOD picture and it takes you to the application as well). 

Eligibility requirements can be found via the links above.

Exciting Technology Advances

Here are two articles about some technological supports available to help the parents, advocates, and educators of children with special needs.  I am not personally endorsing either of these publications or products but wanted to make the information available to you so that you can take a look for yourself!

Enjoy!

App Store Special Education Section

IEP Checklist for iPhone

LRE Part III: The Bottom Line

I have given you a lot of information over the last three posts regarding the Least Restrictive Environment.  Within each of those, there have been details which could be expounded upon for multiple posts.

Here is the most important thing that I want you to gather from all of the information I have shared with you on LRE:

Special Education is NOT a place.  It is a combination of services, supports, instruction, modifications, people, and resources designed to help your child with special needs access the regular curriculum in the way that BEST meets his or her needs.

The question should not be "where should the special needs child be placed?"

Rather, the IEP team needs to ask, "How can we best enable this child to access the curriculum in the general education setting."

The question is how can this child be taught in the classroom alongside typical peers; not whether or not it is possible.


Only after all options and supports have been implemented and exhausted should removal from the general education setting be considered.  Being taught in the typical classroom is a right, not a privilege to be earned.

LRE - Part II: The Role of Goals

It is important to note that the Least Restrictive Environment is not a place.  It is a description of a learning environment.  It is important that in the advocating process, we are careful to not confuse LRE with General Education.

That is not to say, of course, that the General Education Setting is not the Least Restrictive Environment for a child with special needs.  In fact, in most cases education alongside typical peers in typical classroom settings with appropriate support IS the least restrictive, most beneficial place for a child with special needs.

The backbone of this entire understanding is the knowledge that Special Education itself is not, nor should it ever be, a PLACE.  The Environment that is least restrictive for the child should not BE Special Education.  The supports that are put in place to help maximize a child's learning potential are the Special Education resources.  And according to IDEA, as noted in my last LRE - Part I:

LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as "supplementary aids and services, " along with their nondisabled peers in the school they would attend if not disabled, unless a student's IEP requires some other arrangement. This requires and individualized inquiry into the unique educational needs of each disabled student in determining the possible range of aids and supports that are needed to facilitate the students's placement in the regular educational environment before a more restrictive placement is considered. (http://www.wrightslaw.com/info/lre.osers.memo.idea.htm)

Every child has unique learning needs regardless of the nature and extent of his or her learning challenges.  In determining the LRE for your special needs child, it is important to consider and understand several things.  Today's post will focus on the impact of goals in the determination of placement in the Least Restrictive Environment.

The IEP team meets for an annual review or placement consideration.  Introductions are made.  Any new testing results (which should have been approved by the parent/guardian before administration) are presented.  Present levels of performance (PLOPs) are discussed including strengths and weaknesses as identified by the school staff and in relation to the child's disability.  Parent concerns are addressed.  Then comes the challenging part of the IEP - and often the part that is allocated the least amount of time.

I could spend an entire blog post (or twelve) on how to write implementable, measurable, solid goals for children with an IEP.  And maybe I will... at a later time.  For now, I want  you to consider this: The goals drive placement.

Right or wrong, this is how 99% of the IEP teams on which I have participated have made their placement decisions.  Can the goals be implemented in the general education setting with appropriate support?

It can get confusing here because "appropriate support" leaves a lot of room for ambiguity.  What one administrator may see as "appropriate" support may not in fact be what a student needs - whether that child needs more or less than suggested.  Additionally, it will take work to get all members responsible for IEP goal implementation to agree that everyone needs to be involved in the process of working on goal achievement.

Certainly there are situations when the speech or occupational therapist will have specific goals that he or she will work on during those designated sessions.  However, writing goals, reading goals, math goals, social goals, etc. should be able to work in both the self contained/special education setting as well as the general education setting with typical peers.

The key to determining if those goals are in fact applicable in both settings is understanding a very critical point: Having a child INCLUDED in the general education setting is not the same as having a child MAINSTREAMED in the general education setting.  I will note here that there are educational professionals who disagree with this perspective.  However, I have found in my practice that there is a significant semantic difference between the two.

Inclusion affords a child with special needs to learn at his or her own pace alongside typical peers in the general education setting with supplemental supports at a pace that is appropriate to his/her learning needs.  This could include but is not limited to decreased workload, varied academic goals, and other "standards" adaptations as needed.  For example, a special needs child included with his or her typical peers may not be held to the same rigorous academic criteria as his or her classmates.  However, he or she will still be required to work on topic appropriate material that not only aligns with the curriculum and flow of the general education setting, but is also adapted in such a way that the goals from his or her IEP are being addressed.

Mainstreaming, on the other hand, assumes that once a child has met certain criteria, he or she is "ready" to move into the general education setting and learn the same academic curriculum at the same pace alongside his or her typical peers.

Inclusion takes work.  Writing goals that promote inclusion takes a lot of work.  Getting the IEP team to agree that the goals do promote and are able to be achieved in an inclusive setting can be an especially challenging and exhausting task.  But it is, I guarantee you, a task for which your child will be thankful.

It is not reasonable to assume that a parent or advocate can walk into a room demanding an inclusive education for a child with special needs simply because it is the child's right.  In my early advocacy, I often made the mistake of putting placement before goals.  This led to a lot of confusion and frustration.

If you want your child's least restrictive environment to be in the inclusive setting, you need to set up a case for the type of environment you would like to see him or her thrive in.  You can do that by recommending goals that will foster placement in general education and describing the type of learning environment you want for your child.

If you do not get the desired placement the first time, do not be afraid to go back and ask for it again.  Step away from the table, do some more research, and figure out how to paint an IEP picture for your child that will help you get closer to your goal.

LRE - Part I

This is Part One in a series on the Least Restrictive Environment.  The next sections of this series will be released over the course of the month of September.


The world of Education, and particularly the realm of Special Education, is full of acronyms.

One of those acronyms that you may frequently come across is LRE.  LRE stands for the Least Restrictive Environment.

As a parent or guardian of a child with special needs, your first reaction when considering school is to protect your child as much as possible.  You may be naturally inclined to desire a buffer to help cushion him or her from the world because, let's face it... the world doesn't always accept special as wonderful, unique, and full of potential.  Your child may have needs that threaten his or her health making it difficult for you to picture him or her participating in the swarm of 22+ other children in a classroom with one or two adults.  As a parent of a child with special needs - whether those needs are because of allergies, chromosomal differences, or Autism - you want to make sure that your loved one is protected.

Most often, schools offer this "protection" in the form of separate classrooms, separate tables, or separate educational opportunities tailored to meet "the specific needs" of your child.

While these "protective mechanisms" may at first thought appear to be ideal, I challenge you to ask yourself if it is really the best environment providing the most opportunities for your child to learn about the world around him or her and grow alongside his or her peers.

IDEA guarantees children with special needs the right to learn in the least restrictive environment possible with the maximum supports available.

Sec. 300.114 LRE requirements. 

(a) General. 

(1) Except as provided in Sec. 300.324(d)(2) (regarding children with disabilities in adult prisons), the State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and Sec. Sec. 300.115 through 300.120.

(2) Each public agency must ensure that--

(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) Additional requirement--State funding mechanism.

(1) General. (i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and

(ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child's IEP.

(2) Assurance. If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.

(Authority: 20 U.S.C. 1412(a)(5))

LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as "supplementary aids and services, " along with their nondisabled peers in the school they would attend if not disabled, unless a student's IEP requires some other arrangement. This requires and individualized inquiry into the unique educational needs of each disabled student in determining the possible range of aids and supports that are needed to facilitate the students's placement in the regular educational environment before a more restrictive placement is considered. (http://www.wrightslaw.com/info/lre.osers.memo.idea.htm)

Educating a child in the least restrictive environment helps ensure that the WHOLE child is being educated.  Not only are academics part of a child's teaching, but social cues and mores, transition practices, and appropriate interactions are integral to the complete education of a child.

Certainly there occasions when it is arguable that a child should be in a smaller learning environment with one on one attention.  However, it is important that these placements and situations, if chosen, are still as unrestrictive as possible in order to maximize the child's learning potential.

Children are likely to live up to what you believe of them.
~ Lady Bird Johnson

Perhaps one of the most significant facets in helping a child achieve an education in the least restrictive environment is believing that the child is capable of performing without restrictions.  I am in no way endorsing "throwing a child to the wolves", so to speak, in order to prove that he or she is able to do certain things.  

I am, however, encouraging a paradigm shift from seeing what the child's limitations are to embracing the child's strengths and capitalizing on them in order to provide an environment that is not overly restrictive.  Evaluate the child's capabilities based on the child rather than on the test scores, evaluations, and diagnosis of the child.  

It is always possible - and much, much easier on everyone - to add in additional supports as needed; however, it is significantly more difficult to remove unnecessary supports once perceived dependencies have been established.  

It is a proven fact that children will try to live up to the expectations set for them. 

IDEA Part(A)(c)(5). Over 20 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by (A) having higher expectations for such children and ensuring their access in the general curriculum to the maximum extent possible.  

By setting higher expectations for our children with special needs, we are not only assuming and encouraging competency, but also empowering them to work towards achieving success.  By eliminating the focus on the disability of the child and focusing on the possibilities and strengths of the child, we as parents, educators, and advocates are significantly more effective in supporting the potential for success and providing our children the opportunity to learn and grow in the least restrictive environment.

Jennifer Cardenas

The Most Important Question

Why?

As children, our naturally inquisitive nature prompted us to question everything.  Why do I have to go to bed?  Why do I have to eat my veggies?  Why does the moon come up at night?  Why do dogs have wet noses?

Now that I am a mother, I find myself falling into the trap of answering "Because I Said So."  However, "Because I Said So" is not a good enough answer when it comes to advocating for your child.

As parents, we expect that we should be able to trust the school to always do what is best for our children.  We put our faith in the fact that they are the "experts" and will always do what is "right" by our kids.  We all too often accept "Because I Said So" as the answer to our questions.

You are the only expert on your child.  

If you want something to happen and truly believe that it is possible and best for your child, but the school is not supporting your wishes, ask them WHY.  

If you are faced with a "policy" or standard that does not seem to make much sense, ask WHY it is in place.  

If you don't understand or accept "Because I Said So" as a viable excuse from your school (which you never should!!), ask them WHY they "SAID SO".

Asking WHY does not make you confrontational.  It helps you become an informed advocate for your child.

I was recently in an IEP with a family and was told that in a school of over 800 students, there were no children enrolled who needed services similar to those that the child for whom I was advocating needed. As a result, the family was being asked to place the child in a different school elsewhere in the district where his needs could be met.  I knew that there were other children zoned to my child's home school with similar disabilities and needs, and I wanted to know where all of these children were and what the school was doing about this conundrum.

What did I do?  I asked WHY.

Why are there no other children in this school who require similar services?  Why are there no accommodations in place to support the needs of this child and other children with similar needs?  Why does this child and other children with similar needs have to be unnecessarily restricted and sent outside of their home school because they have additional learning needs to achieve success in the general education curriculum?  

I was met with chair shifting, diverted eye contact, and pencil twirls.  

And the answer I was given told me everything I needed to know: The representatives from the school didn't know why.

After several more rounds of "The Why Game", we were able to secure placement in the child's home school, in the least restrictive environment,  with the supports needed to achieve success.  

While there are no guarantees that asking WHY will always achieve the desired outcome, using this simple three letter word is an important tool to freely use when advocating for your child.  

To be an effective advocate, you don't need to be a legal expert, have additional degrees, or complete extensive training.  The first step in being the BEST advocate for your child is to ask the most important question.  

WHY?

Until you clearly understand the answer and get beyond "Because I Said So", keep asking.  You will be well on your way to becoming the best advocate you can be. 

Food Allergies

Food allergies in children are becoming much more prevalent.  Whether they are simply being identified and diagnosed more, or our children are developing more food intolerances, it is a fact that these reactions can be severe and even fatal.

So what can be done to help protect our children with food allergies when they are out of our sight and in the care of others at school?

The first and perhaps most important thing is to make sure that your child with the allergy understands why he or she needs to avoid the trigger and learn how to most effectively protect him or herself from exposure.  Regardless of the severity of the reaction, your child needs to know what foods to avoid, why to avoid them, how to avoid them, and what needs to be done if exposure occurs accidentally.  Remember that empowering your child is the best and most effective step to successful advocacy.

The severity of the child's sensitivity to the allergen will determine what additional steps need to be taken to protect your loved one.  Familiarize yourself with the school's food allergy policy, if one is available.  You will need to work closely with your child's doctor to clearly understand how the child will react with exposure and what type of exposure will trigger a reaction (ingestion, airborne, etc.).  Once you and your doctor have identified the allergens, exposure factors, and reactions, you can decide what additional safeguards should be put in place to protect your child.

Regardless of the reaction, it is important to make sure the school is aware that your child has food allergies and provide them with an exposure action plan.  You will need documentation from your child's doctor stating the allergens, severity of the reaction, and what systems are affected by the exposure (respiratory, cardiovascular, etc.).

In cases where the reaction to exposure can be severe or life threatening, it may be beneficial to consider implementing a 504 Plan.

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination in an educational program or institution on the basis of a disability.  By law, every student with a disability must be afforded a “free and appropriate public education.” A food allergy may be considered a disability under this law.  Public schools, as well as private preschools and daycare centers that receive federal funds, are required to comply with this law.

You will need to contact your school and work with your child's allergist to determine if a 504 Plan is appropriate for your child.  Do not assume that your school will automatically take the right steps to help protect your child.  It is important to involve all interested parties (teachers, principal, special education representative, doctor, school nurse, etc.) and provide clear and straightforward information to foster open and flowing communication.

The following information is from allergysupport.org and outlines how a child with a food allergy may qualify for protection under a 504 Plan.

Children protected under Section 504 are commonly those with ADD, ADHD, OCD, Diabetes, AIDS, Asthma (that does not affect educational performance) and allergy just name a few. The criteria by which a child with severe food allergy is eligible for protection under Section 504 is that the physiological condition / disorder of food allergy affects the respiratory, digestive, cardiovascular and skin body systems. The physical impairment of food allergy could substantially limit breathing during an anaphylactic reaction. In addition, the U.S. Office for Civil Rights U.S., Department of Education formally recognizes “allergy” as a “hidden disability.”

(“The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973.”)

WHAT ARE HIDDEN DISABILITIES?

“Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy. A disability such as a limp, paralysis, total blindness or deafness is usually obvious to others. But hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious. A chronic illness involves a recurring and long-term disability such as diabetes, heart disease, kidney and liver disease, high blood pressure, or ulcers."

(“The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 19743.”)

HOW DOES SECTION 504 HELP A CHILD WITH SEVERE FOOD ALLERGIES?

The legislators who wrote Section 504 purposely used broad and relatively non- prescriptive language so that the law would encompass a wide range of disabilities. Schools must give children protected under Section 504 an “individualized educational program” with “accommodations.” This program usually takes the form of a 504 Plan. The 504 Plan lists and explains the formal accommodations and modifications that will be made to the public school environment to ensure the least restrictive learning environment (LRE). The LRE must provide equal opportunities for children protected under Section 504 to the maximum extent possible as their non-disabled peers. A 504 Plan for a children with food allergy should have many components to address important food allergy issues so affected children have the best possible chance of staying safe.

One of the most significant benefits offered by a 504 plan is the protection of your child's right to be educated in the least restrictive learning environment (LRE).  This means that your school cannot discriminate against your child on the basis of his or her disability - or allergy.  It legally guides the school towards including your child with his or her peers to the fullest extent possible while still protecting him or her against the allergen triggers.

Do not assume that your school will automatically include your child in the LRE simply because a 504 Plan is in place.

Because food allergies are a relatively new problem facing schools, you will need to be diligent in ensuring that your child is not being unnecessarily separated from his or her peers.  It is not uncommon for schools to be overly protective and restrictive of children to avoid negative outcomes (allergen exposure and reaction) and limit litigation possibility.  Working closely with the school and your child's doctor and maintaining free flowing and transparent communication is the best way to protect your child's rights.  


Remember that only you, your child's physician and your school district can work together to create an allergen exposure plan that is appropriate for your child.


For additional information, please visit the following links:
Allergy Support.org
Food Allergy Initiative

Back to School!

The first day of school is just around the corner... are you and your child ready?

If you haven't already, prepare your special needs child for the upcoming changes he or she will experience.  If you are an advocate for a child with special needs, get in touch with the family and see if they have any questions or need any help preparing the child for the transition into the new year.

Review your child's IEP!  Chances are the IEP for the upcoming school year were agreed upon sometime last spring.  A lot can change over the 90 days of summer.  Take a close look at the IEP, the goals, supports, etc. and make sure that you are familiar with everything outlined for the new academic year.  Now is not the time to request major revisions to an average IEP.  However, if there have been changes that need to be addressed such as a new diagnosis, additional needs, etc., it is important to get in touch with the school and make sure everyone is on the same page.

Many schools have an open house for students prior to the first day of school.  However, for children who have difficulty with transitions, more than one introduction to the new teacher or the new room may be needed.  If you have a child who struggles with change, contact your school and ask to arrange an additional opportunity to visit the classroom.  When you go to the school, take pictures of the classroom, the teacher, etc. and excitedly look over them prior to the first day to help create familiarity with the new environment.  Knowing what to expect can help decrease anxiety for both you and your child.  And seeing your excitement and comfort will help your child feel at ease as well!

Going back to school can be an exciting yet stressful time for every family.  Take proactive steps now to help make the process comfortable for you and your child.  You will be glad you did and though he or she may not say it, your special student will be thankful too!

Victory for Georgia Students

The following was originally written and posted on July 8 by Leslie K. Lipson, Staff Attorney with the Georgia Advocacy Office.  Many thanks to her for allowing me to share this here and for her unending advocacy efforts for Georgia's children!.  
Congratulations to all who helped and are continuing to help fight this battle for Georgia Students!


Rule Passed
July 8, 2010
Today is a historic day for Georgia public school students, as the State Board of Education voted unanimously to enact Rule 160-5-1-.35 which prohibits the use of seclusion, prone restraint, mechanical restraint, and chemical restraint. The Rule will limit the use of physical restraint to those situations involving imminent danger. Additionally, the Rule requires schools to notify parents within one school day that their child has been restrained. Before today’s historic vote, schools could restrain or seclude any student, at any time, for any reason.

The Safe Schools Initiative commends the Department of Education and the State Board of Education on this inaugural action to limit these dangerous practices. However, one key safeguard is noticeably missing: there are no provisions for reporting incidents of restraint beyond informing parents. Oversight, data collection and analysis are pivotal in identifying schools that need additional support to appropriately maintain a safe educational environment. After receiving overwhelming public support for data collection, the Board decided to withhold data collection about individual districts until the federal government mandates such practice. There is federal legislation considering the issue that is currently in committee, but the timetable and outcome are unknown. The Board publicly announced its eventual intent to collect outcome data; but the timeline, methodology, and stakeholder access to information are all unknown.

The Safe Schools Initiative is a collaborative effort of five organizations – The Georgia Advocacy Office, the Georgia Council on Developmental Disabilities, the Center for Leadership in Disability at Georgia State University, the Institute on Human Development and Disability at the University of Georgia, and Parent to Parent of Georgia – to end the restraint and seclusion of students in Georgia schools.

For more information about the Safe Schools Initiative, please contact Jenny Holland at (404) 885-1234 or jholland@thegao.org.

Restraint and Seclusion in Georgia **TAKE ACTION!!**

If you have reached this page looking for the sample letter to the GA DOE, please scroll to the bottom of this post.  YOUR VOICE NEEDS TO BE HEARD!!!

Please, help make our schools safe!

Did you know that any student in our public schools can be restrained and secluded for any reason, at anytime, by any employee of a school district, without telling the student's family?  That any student can be locked in cells in school for any length of time and no one know that it happened?  Do you want this to CHANGE?

The State Board of Education must hear from YOU!  ATTEND or WRITE THEM about how they must protect students and schools from these dangerous practices next Wednesday, June 9th in Atlanta at 1:00. TheTIME IS NOW.  

Please help us fill the room on June 9, 2010.  If you can attend, please RSVP to Rashidah Ansari at GAO at 404-885-1234 or ransari@thegao.org. 

             

If you are not able to attend in person, please write to the Board of Education to voice your concerns. A sample template is here.

The Safe Schools Initiative is hosting a press conference following the public comment (at 2:15 p.m.).  Please stay and join the crowd to show the State that you support safe learning environments for all students.

Meeting details are as follows:

The public hearing is at 1 p.m. at the Department of Education (DOE), which is located at 2053 Twin Towers East, 205 Jesse Hill Jr. Drive SE, Atlanta 30334.  The DOE is on the 20th floor.  To access the public hearing space, turn right when you get off the elevator and you will be at the room.  Below are directions, parking information, as well as MARTA information.  Parking is $5 cash.

We recommend you arrive early if you plan to make public comment.  There will be a sign-up sheet as you exit the elevator to the right.  There is a food court located in the building.  We suggest you arrive early, sign up to speak, then have lunch and return to the meeting space. 

Please note that all speakers have only three minutes to speak.  For that reason, we suggest you make a script or have notes to help you stay on track and within the allotted time.

The Floyd building is located directly northeast of the State Capitol in the block between Piedmont Avenue and Butler Street, facing Martin Luther King, Jr. Drive. Parking is available in the Pete Hackney lot on Butler Street. To access the Floyd Building, there is a bridge on the 5th level of the parking deck. Once you cross the bridge, take the stairs or elevator to the 3rd level to enter the Building.

For premium convenience, the Georgia State MARTA Station is located in the Floyd Building.

Traveling I-75/85 Southbound

Exit #248A Martin Luther King, Jr., Drive. Turn right onto Martin Luther King, turn right onto Butler Street, then right into the Pete Hackney parking lot.

Traveling I-75/85 Northbound

Exit #246 Fulton Street. Turn right onto Fulton, then left onto Capitol Avenue. Cross over Memorial Drive turn right onto Martin Luther King, Jr. Drive. Turn left onto Butler Street, then right into the Pete Hackney parking lot.

Traveling I-20 Westbound

Exit 258A Capital Avenue. Turn right onto Capital Avenue and follow to Martin Luther King, Jr. Drive and turn right. Go to the first traffic light and turn left onto Butler Street. Parking deck is on the right.

Traveling I-20 Eastbound

Exit 256B Windsor/Spring Street follow straight on this street to Central Avenue (3rd traffic light). Turn left onto Central Avenue turn right on Memorial Drive. Go to second traffic light and turn left onto Capitol Avenue. Turn right onto Martin Luther King Jr. Drive. Turn left onto Butler Street. Parking deck is on the right.

More information:

Parent to Parent: http://www.p2pga.org/index.php?option=com_content&view=article&id=92&catid=48&Itemid=66

Georgia Advocacy Office:

http://www.thegao.org/SafeSchools.htm

See Sample Letter Below.

************************************************************
June   , 2010

VIA E-Mail to ameyer@doe.k12.ga.us and US Mail


Allan Meyer
Assistant Director, Policy
Georgia Department of Education
2053 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334

RE:      Rule 160-5-1-.35 Seclusion and Restraint


Dear Mr. Meyer:

I am writing to provide feedback regarding the Rule 160-5-1-.35 “Seclusion and Restraint for all Students.”  I appreciate the opportunity to comment on the draft rule and to be involved in the development of the rule prior to its proposal.  I care about this issue because…  As such, I am committed to the development of a rule that supports schools to educate children in safe and positive environments that foster learning and growth.

I support the Department’s decision to address the issue of restraint and seclusion through the development of a rule. In particular, I support GDOE’s prohibition on seclusion, prone restraint, mechanical restraint, and chemical restraint.  The comments below are designed to impose significant limitations on the use of physical restraint and to build safeguards into the process by which school personnel use restraint on a student.

(Please choose one, all, or none of the following bulleted points.  Please add any comments you wish to share with the Department of Education).

• Physical restraint, an inherently dangerous practice, should only be used in situations of risk of serious bodily injury and is only justified based on actual behavior of the student in the time of emergency.

• Physical restraint may never be used for disciplinary purpose, convenience of faculty or staff, or as a substitute for appropriate positive teaching strategies, techniques, and supports. 

• Restraint is prohibited to those situations when less intrusive efforts are not effective and there is danger of serious bodily injury to self or to others. 

• Schools should use Positive Behavior Supports as an intervention for students with disruptive or challenging behaviors.  Early identification and intervention are key to effective utilization. 

• Physical restraint should only be applied to students by school personnel who have been trained and certified in a State-approved training program consisting of instruction not only in applying restraint, but also in de-escalation strategies and problem solving techniques.

• School systems should be required to document and report each specific instance of physical restraint on a student in their school.

• Behavioral support for students must promote the right of all students to be treated with dignity and to be educated in a safe environment. 

• Data should be collected using uniform methodology and regularly reviewed at the local, district, and state level to ensure system wide compliance and transparency.

• Data results and comparisons should be made readily available to the Department of Education, parents and other stakeholders in order to promote opportunities for training, education, and development.

• Standards of data collection concerning the use of physical restraint should be uniform across all districts.  Districts with reduced incidences in accordance with set standards should be recognized for achievement and highlighted for training opportunities; conversely, districts who fail to decrease and/or exhibit an increase in incidences of restraint and seclusion should be subject to further investigation, probation, and appropriate re-training. 

• Individual incident counts should be an integral facet of data collection in order to accurately trend schools and districts effectively and/or excessively utilizing the approved practices of restraint.  The specific nature of this collection will serve to promote accountability and awareness for administrators, facilitators, and parents.

Again, thank you for the opportunity to provide commentary on this initiated rule.  We respectfully request the School Board members resend the current rule and strengthen the accountability and enforcement provisions and reinitiate the rule in the June 2010 meeting to continue this important work.  I look forward to continuing to work with you to help keep the children of Georgia safe.

Sincerely,

Family Doe

cc:
Nancy O'Hara
Associate Superintendent
Innovative Instruction
1752 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
nohara@doe.k12.ga.us
Debbie Gay
Director, Special Education Services
1870 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
DGay@doe.k12.ga.us

Kim Hartsell
Director, Special Education Supports
1870 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
khartsell@doe.k12.ga.us
Ruby Moore
Executive Director
Georgia Advocacy Office
Safe Schools Initiative
150 E. Ponce de Leon Ave., Suite 430
Decatur, Georgia 30030
info@thegao.org

Leslie K. Lipson, JD
Director, Parent Leadership Support Project
The Georgia Advocacy Office
One Decatur Town Center
150 E. Ponce de Leon Ave., Suite 430
Decatur, GA 30030
(404) 885- 1234 or 1 (800) 537- 2329 (voice or TDD)
llipson@thegao.org
www.thegao.org

Teamwork

"Alone we can do so little; together we can do so much." Helen Keller

I love this quote.  I came across it during a webinar that I attended today and it so thoroughly sums up part of my personal advocacy philosophy.

When parents, educators, and advocates come together to work through a child's IEP, they are called, "The IEP Team."  Yet all too often, it becomes a situation of "us" against "them".

Our educational systems are facing serious crisis right now.  Test scores put enormous pressure on educators.  Budget cuts further reduce already limited funding.  Class sizes are increasing and hired teachers are decreasing.  As educators struggle to stretch precious resources, parents and advocates often fear that the scales are tipping against their children.

These strains are turning what should be collaborative settings into often combative ones.

Twice in the last several days, I have been told by educators that it is "scary" to have an advocate invited to an IEP.  This was concerning to me because if advocacy is done with the child in mind and with collaboration as the goal, having an advocate in the room should be seen as a benefit rather than a threat.

I'm not suggesting that every IEP meeting should start with hugs and end with bouquets of flowers.

However, I do believe that if all of the team members come together with an open mind and a willingness to collaborate, no one should leave the room with hard feelings or a sense of defeat.

One of the first things that I do when I meet with new educators is let them know that I am there for the child.  Likewise, when I take on a case I let the parents know that while I do acknowledge that they are experts on their own children, I may not always agree with what they perceive to be best.

The bottom line is this: if your focus as an advocate - whether it be for your own child or for another child - is on collaborating as a TEAM for the best interest of the CHILD, your priorities and goals will remain in tact, no matter how difficult the situation might be.

I cannot be responsible for the thoughts and actions of others, only for those of myself.  I cannot always ensure that everyone around the table will have the same "right" focus as I have.   But I can lead by example.  I can fight tirelessly for what I believe in, as long as my focus remains pure: collaborate as a team for what is in the best interest of the child.

Assume Competence

I mentioned briefly on my other blog that I attended a fantastic seminar by David Pitoynak about two weeks ago.  By fantastic, I mean paradigm shifting.  His way of thinking is not only inspirational but is immensely valuable in the field of advocacy.

Recently, I took on a new advocacy case involving a child who is experiencing Down Syndrome.  The school assumes that the child will not be able to achieve success through inclusion in the general education classroom.  

In my first advocacy case, a child who was experiencing mild Autism was put in a segregated environment because the teachers and administrators in the school assumed he was not able to achieve the academic work that was being presented.

In both of these cases, the assumptions were of incompetence, and as a result both have the possibility of producing damaging results and negative outcomes.

The first child needs to be around typical peers to experience appropriately modeled behavior and feel the social benefits of inclusion.  The second child needs to be effectively academically challenged, especially in the areas where the child is gifted; this child (as can most children) can and will also benefit from appropriately modeled behavior.  And in both children, their inclusion will not only be individually beneficial, but will also help raise the social awareness and open the minds of their peers to also assume competence.

As children, we don't know that someone cannot do something until we are given proof.  We do not look at someone who is different and assume that he or she is incapable of being a friend.  When we are children, we automatically assume competence, albeit often with a lot of accompanying questions.  

Imagine, if you will, that someone looks at you and based solely on your hair color, eye color, shoe size, or waist dimensions that you are unable to participate in the activities of your peers - simply because of your label.  Imagine if every day, you were passed by for opportunity after opportunity just because of an external variable that you have little to no control over.  If you aren't even given a chance to prove your capability, you will probably doubt your own competence, withdraw, and lose interest.  Your potential will go untapped, and your talents will remain undiscovered.

Now, think about what would happen if everyone was just given a chance.  Sure, it might take a little extra effort from some of the involved parties, but if you assume that there is at least a possibility that success can be achieved, imagine how much the world has the potential to change.  Imagine what could happen if we assumed competence, much in the way our children's peers do, and think about how inclusive we could all become. 

In the seminar I attended, David Pitonyak talked extensively about Assuming Competence, which is also known as the Least Dangerous Assumption.  You can google both of these terms and be given thousands of hits that will give you extensive, eloquent explanations.  

It really should be common sense:  assuming competence helps shift the thought process and focus from the limitations of a diagnosed disability to the possibilities of the person whom is experiencing the effects of a disability.  

I'll try and explain it a little bit better.  

Imagine two circles, one inside of the other.  The larger, outer circle is the person.  The inner, smaller circle is the part of the person that is experiencing the disability.  The small circle can, but shouldn't determine the competence, or ability to perform a task, function, or skill effectively, of the individual.  The small circle is only a part of the big circle.  They aren't one in the same.  The limitations of the disability contained in the inner circle may or may not affect the competence of the person experiencing the disability, the outer circle.  

If you assume competence, you are giving a person the opportunity to succeed.  Does it mean that he or she will always achieve the desired success?  Not necessarily.  But isn't it more damaging to not provide him or her with the opportunity at all?

If I am told no, I want to know why.  If I am told that something is not possible, I want to know if it has been proven.  If I am told that someone cannot do something, I want to know if the individual has been given the chance to try in a fair, appropriately supported environment.  

Assume competence and use that assumption to guide your advocacy.  Ask yourself, the teachers, the administrators, and the decision makers if the child for whom you are advocating can be given a chance to prove that he or she is capable of stepping up to the task.  

Special Education Acronyms

As promised, here is a list of special education acronyms!  This is by no means an exhaustive collection and it has been pulled from many, many resources.

If you have any you would like to add or know of any that should be modified, please feel free to contact me.


Special Education Acronyms (in alphabetical order).
ABA - Applied Behavioral Analysis
ADA - Americans with Disabilities Act
ADD - Attention Deficit Disorder
ADDES - Attention Deficit Disorder Evaluation Scale
ADHD - Attention Deficit Hyperactivity Disorder
ADDH - Attention Deficit Disorder with Hyperactivity
AFDC - Aid to Families with Dependent Children
APA - American Psychological Association
APE - Adaptive Physical Education
ARC - Association of Retarded Citizens
ASHA - American Speech and Hearing Association
AU - Autism
BD - Behavior Disorder
BEAM - Brain Electrical Activity Mapping
BES - Behavior Evaluation Scale
Binet - Stanford Binet Intelligence Test
BIP - Behavior Intervention Plan
BL - Blind
BMP - Behavior Management Plan
CA - Chronological Age
CAP - Corrective Action Plan
CASE - Council of Administrators in Special Education
CEC - Council for Exceptional Children
CHADD - Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD)
CP - Cerebral Palsy
CSEF - Center for Special Education Finance
DDK - Developmentally Delayed Kindergarden
DF - Deaf
DF/HH - Deaf/Hard of Hearing
DOE – Department of Education
DSM IV - Diagnostic and Statistical Manual, fourth edition
DTT - Discrete Trial Training
DVR - Division of Vocational Rehabilitation
EBD – Emotionally Behavior Disturbed
EPSDT - Early Periodic Screening, Diagnosis, and Treatment (Medicaid)
ESEA - Elementary and Secondary Education Act
ESL - English as a Second Language
ESY - Extended School Year
ESYP - Extended School Year Program
FAPE - Free Appropriate Public Education
FBA - Functional Behavioral Assessment
FERPA - Family Educational Rights and Privacy Act
FTE - Full-time Equivalent
HH - Hard of Hearing
HI - Hearing Impaired
IAES - Interim Alternative Educational Setting
IDEA - Individuals with Disabilities Education Act
IEE - Independent Educational Evaluation
IEP - Individualized Education Program
IFSP - Individualized Family Service Plan
IHP - Individualized Habilitation Plan
IQ - Intelligence Quotient
ITP - Individualized Transition Plan
LD - Learning Disability
LDES - Learning Disabilities Evaluation Scale
LEA - Local Education Agency
LEP - Limited English Proficiency
LI - Language Impaired
LRE - Least Restrictive Environment
MH - Mentally Handicapped
MR - Mentally Retarded
MRI - Magnetic Resonance Imaging
MDE - Multidisciplinary Evaluation
MDT - Multidisciplinary Team
MS - Multiple Sclerosis
MSW - Master’s Degree in Social Work
NAMI – The National Alliance for the Mentally Ill
NAEP - National Assessment of Educational Progress
NAEYC - National Association for the Education of Young Children
NASBE - National Association of State Boards of Education
NASDSE - National Association of State Directors of Special Education
NCEO - National Center on Educational Outcomes
OCR - Office of Civil Rights
OMB - Office of Management and Budget
OSEP - Office of Special Education Programs
OSERS - Office of Special Education Rehabilitation Services
OHI - Other Health Impaired
OT - Occupational Therapist/Occupational Therapy
PI - Physically Impaired
PIAT - Peabody Individual Achievement Test
PLOP - Present Level of Performance
P.L. 94-142 Public Law 94-142 (reauthorized as I.D.E.A.)
P.P.D. - Pervasive Developmental Disability
PT - Physical Therapist / Physical Therapy
SEA - State Education Agency
SEBD - Seriously Emotionally Behavior Disturbed
SES - Social Economic Status
SH - Severely Handicapped
SLD - Specific Learning Disability
SLI - Speech/Language Impaired
SLP - Speech/Language Pathologist
SST- Student Support Team
TBI - Traumatic Brain Injury
TRO - Temporary Restraining Order
VAKT - Visual/Auditory/Kinesthetic/Tactile
WAIS-R - Wechsler Intelligence Scale for Adults - Revised
WIAT - Wechsler Individual Achievement Test
WISC-III - Wechsler Intelligence Scale for Children - Third Revision
WPPIS - Wechsler Pre-school and Primary Intelligence Scale
WRAT/R - Wide Range Achievement Test-Revised
VH - Visually Handicapped
VI - Visual Impairment
504 - Section 504 of the Rehabilitation Act of 1973

What Is FAPE?

If you are just entering the advocacy world, you have probably noticed that there are a lot of acronyms.  IEP, IDEA, FAPE, LRS, ESY, and the list goes on, and on, and on...

I plan on getting an acronym list up for you to help translate what all of this means.

However, I thought that a good starting point would be to explain where the cornerstone of my advocacy work, and all education advocacy work, stems from.

FAPE.  In it's most simplistic form, the four letters stand for Free Appropriate Public Education for students with disabilities.  It is a legal right for individuals with disabilities living in the US to receive a free and appropriate public education.  FAPE is protected under IDEA (yes, another acronym!) which stands for the Individuals with Disabilities Education Act.  It is the law that guarantees educational civil rights for individuals with disabilities.  FAPE (Free Appropriate Public Education) is the fundamental requirement of IDEA (Individuals with Disabilities education Act).

If you would like to see the full explanation on the US Department of Education's website, you can go here.  Additionally, Wrightslaw has a wealth of information available.

When going through my advocacy training, it was explained that FAPE and IDEA were like the foundation of a house that had been put in place by the Federal Government.  This made perfect sense to me.  Think about it: Federal law guarantees educational civil rights for people with disabilities, the foundation of the "home".  Additional requirements and regulations are then instituted on the state and local levels - otherwise known as the walls, roof, etc.

FAPE means something different to every child it protects.  What one child needs may not necessarily work for a second child who has a similar challenges and abilities.  Therefore, it is important that every child with special needs be assessed on an individual basis, and that educators, parents, and advocates work closely together to determine what educational setting and accommodations will optimize the individual's ability to learn.

I know, it sounds like a LOT, right?

Fortunately, the laws provide a lot of room for opportunity as long as the important partners in the child's educational process are willing to take the time to assess, evaluate, and explore options in a thoughtful, organized manner.

FAPE is intended to be "bank blind" meaning that special education and related services are provided to the student at no cost to the parent or guardian.  One of the most common arguments from public educators is that they don't "have the funding" to provide a specific service or accommodation.  This reason alone is why it is critically important that we continue to raise awareness of the financial challenges and work towards identifying problem solving solutions that are facing our public school systems.

FAPE is a legal right.  It provides the Right to Learn for all children who have special needs and unique abilities.

For more information on FAPE, please see the following sources:
Federal Department of Education
The FAPE Site
Special Education Lawers
Understanding Special Education

Georgia Resources:
GA DOE (this will bring up a search page that has the manual available for free download)

The #1 Rule of Advocacy: Document Everything

Can you guess what the Cardinal Rule of advocacy is?

I'll give you a hint...

You don't have to know all of the laws or acronyms to be a good advocate for your child or someone else's child.  You don't even have to have finite goals in mind or be able to specify exactly what outcomes you hope to achieve (although this is important later on!)

No, the most important rule of being an effective advocate for yourself, your child, or for whomever you are providing a voice is actually pretty simple.

Document EVERYTHING.

There are several ways to do this.  I'll explain how I do my own personal documentation and provide you with resources that will give you examples of how other people may do it.  At the end of the day, you have to decide what works best for YOU.  It needs to be organized and thorough.  You need to be able to find answers at your fingertips without doing a lot of paper shuffling.

Jennifer's Advocacy Document Organization Technique
Create a binder.  Make sure it's big!  I'm using a 2" binder for a child who has only been in the school system for three years.  Can you imagine how large a high school child's binder(s) would be?!  My binder has dividers for each of the following categories, though not necessarily in the order I have them listed.  I'll explain the categories in more detail below.
  * Emails
  * Letters
  * Testing
  * IEP's
  * Communication Log
  * Policies
  * Notes
  * Minutes

Emails: This is pretty self explanatory.  If you send or receive an email to or from the school, teacher, or pertaining to the student, print it off with all supporting replies.  This is extremely valuable because a) written agreements and communication are very hard (if impossible) to disprove b) everything is time stamped c) you have a history of everything that was "stated".

Letters: As you dive further into advocacy work, you will discover that aside from documentation, letters are the cornerstone of every effective advocate's work.  If you want to see something accomplished, you write a letter.  If you want to confirm something, you write a letter.  If you want to request information, you write a letter.  Having these letters readily available and organized can make your work much easier.    Keep in mind that letters are different than emails, and therefore should have their own special place.  They are generally more formal and "official".

Testing: Again, this one speaks for itself.  Have your testing results and information together in one place.  I put mine in chronological order so that the most recent, pertinent information is on top as soon as I open the tab leaving the older tests towards the back of the section.

IEP's: In case you've just entered the world of advocacy or are still trying to grasp what the acronyms mean, an IEP is an Individualized Education Plan.  IEP's specifically detail the educational plan for a special needs child.  We'll discuss IEP's at length later on.  However, for now, just be sure that you have all IEP's and addendums included in your documentation.  It is helpful to compare IEP's year to year (or even more frequently as needed) when it comes time for the planning process.  You don't want to have to dig to find what you need.

Communication Log: These days, communication takes many forms including text messages, instant messaging, and phone calls/voicemail.  Phone log is sort of my way of saying Document Every Incident, Communication, IM, Text Message, etc.  Write it down.  Note the time and date and as much detail as possible.  

Policies: Unfortunately, there will come a time in every advocate's (and by advocate, I mean volunteer, paid, parent, etc.) experience when it will be necessary to ask for a copy of a stated policy.  This can include a wide range of things.  If you are uncertain about what you are being told, ask for a copy of the policy.  If one is provided, include it in your documentation.  If you ask for one and one is never provided, be sure to include the ask and response (or lack of) in your communication log.  For example, if you request audio record an IEP, and you are told you cannot do so, ask for the document showing the policy stating that audio recording is prohibited in IEP's.

Notes:  I take notes all the time.  They provide me with a roadmap and important reminders.  I will usually review them and use them to convert into minutes from meetings and conferences or use them for my communication log.  I strongly recommend you do the same.  It's a habit that has carried over from college and has proven to be an incredible asset to my advocacy work.  I keep my raw notes (yes, just plain 'ol pen and paper in binder notes) until I am certain that I have captured everything I needed in another place.  Some advocates may not do this; however, I have found that I frequently reference my handwritten notes to help me remember context, etc.

Minutes: Minutes are basically formal notes. I review my notes at the conclusion of a meeting and turn them into a written recording of what has transpired.  My minutes are very comprehensive.  I tend to include mood shifts, tone changes, etc. so that I can remember every detail from a meeting.  They read like a narrative so that at any time I can go back and identify specifics from the meeting.  I have been told that my minutes are so complete and detailed it is as if I had an actual audio recorder sitting in the room.

Here are a few other resources for organizing records.  Please note that I have not extensively reviewed these links.  They are not intended to replace any advice that you may seek from a professional and are only to give you a starting point for organizing your information.

About.com
From Emotions to Advocacy
(more to come...)

Hello and Welcome!

If you've stumbled across my little corner of the blogsphere, welcome!

This is one of several blogs I run.  However, The Right to Learn is perhaps the blog that is nearest and dearest to my heart.

Five years ago, I was trained as an education advocate by the Georgia Advocacy Office Parent Leadership Support Project.  I learned all about IEP's, FAPE, 504, IDEA, and a bunch of other acronyms that make very little sense to most of the population!

My training came out of my desire to help those who don't have a voice to help themselves.  However, since the time of my training I have become a mommy to three amazing yet extremely energetic future advocates!  Four of the last five years have been spent rocking babies, changing diapers, and learning how to juggle multiple hats at one time.  While my drive be an advocate for children with special needs did not change, the amount of time I had to devote to all of my passions was greatly diminished and advocating for other children had to temporarily take a back seat.

Several weeks ago, I was approached by a mom who has a child with special needs.  She knew that things with her son's educational needs were not being met but wasn't sure how to go about getting him the services he not only required to thrive, but was entitled to.  After spending time trying to find her an advocate and consulting extensively with my own mentor, I agreed to take on the case myself.

It was the best decision I ever made.

The progress we have made for this child's education has been remarkable in a very short period of time.  It hasn't been easy; in fact, it has been more work than I could have ever imagined.  But the rewards that will come from this work will be fruitful for years to come.  And while the family is thanking me over and over, it is I who should be thanking them.

They have helped me find my purpose once again.