ADVOCATING 4 KIDS

Hello Blogmates:

I was asked to share this information with you. Enjoy!

CPoe

If you are interested in ordering DVDs of the Conference, you can find the order form attached to this email.

One idea that came from the Conference was the suggestion that a support group be started in the Williamsburg area for those families who are raising children with special education needs.  We at PELE are happy to facilitate the formation of such a group by holding an initial meeting, in the form of a Parent Forum, on Thursday, February 26th from 6:00 - 7:30 pm in Room 119 at William & Mary Law School (located at 613 South Henry Street, Williamsburg, Virginia).  Light refreshments will be served; unfortunately PELE will not be able to provide childcare services.  The purpose of the meeting will be for the Clinic’s members to get your thoughts about how PELE can best serve the special education community.  We will also create a list of attendees so that if families are inclined to continue to develop a local support group, they will have the contact information to do so.

Another idea that developed from the Conference, and our commitment to have PELE be collaborative in our work with not just families, but also educators, is to have an Educator Forum, so that educators can share their thoughts and concerns about PELE’s service to the special education community.  The Educator Forum will be held on Tuesday, March 24th, from 5:00 - 6:30 pm in Room 127 at William & Mary Law School (located at 613 South Henry Street, Williamsburg, Virginia).  Light refreshments will be served.

By listening to both constituencies, we hope that PELE is better able to articulate those services that the entire special education community needs us to provide. 

Please share this invitation with friends and colleagues who may be interested in attending either forum.  If you have questions or would like to contact the Clinic, please email us at pele@wm.edu.  An application for services is attached for your information.  If you or your organization is interested in providing funding support for the Clinic, please contact me so that we may discuss your interest.

Thank you again for your support of the PELE Clinic!

Patty Roberts
Director, PELE Special Education Advocacy Clinic

___________________________________________
Patricia E. Roberts

Clinical Assistant Professor of Law
Director, Clinical Programs and Legal Skills
William & Mary School of Law
P.O. Box 8795
Williamsburg, VA 23187-8795
(757) 221-3821 phone
(757) 221-3261 fax
perobe@wm.edu

Special Education Spotlight #11 February 1, 2009                                                                                            Contact Information: JoAnn@disabilitydeception.com                                                                    Website: www.disabilitydeception.com 

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1.    JoAnn’s Cornerwww.amazon.com for $15.00 plus shipping!  New testimonial: “Nice to have a source that articulates what I see happening over and over.”   http://www.MargaretKay.com .  According to Ms Kay there are 5 components that need to be in a school psychologists report.  These are paraphrased. They are:www.nasponline.org/standards/ProfessionalCond.pdf 
It has a lot of information and I would encourage all parents to look at the document. The problem is that as far as I can tell, this is a voluntary ethics guideline and only enforceable among their members. While investigating how to file an ethics complaint for a school psychologist, my state board of education said that the complaint cannot be filed with them; they have no authority!!
Below is some info from the manual; paraphrased:
1.    Mission of NASP is to promote healthy educational environments by using research based effective programs. We accomplish this through research, training, advocacy etc.
2.    School psychologists will act as advocates for the students that they work with.
3.    School psychologists at the very least will do no harm.
4.    School psychologists will speak up for the needs and rights of the students that they work with.
5.    School psychologists only use professional practices that maintain the dignity of children and parents.
6.    School psychologists do not participate in any action that would violate the civil and legal rights of children and parents.
7.    School psychologists will communicate to school administration and staff their concern for protecting the rights of children in determining services.
8.    Psychological reports that give test scores only, and generalized statements for eligibility for special education without specific recommendations, are seldom useful.
9.    School psychologists develop and implement behavioral change programs such as positive reinforcement, social skills training, and academic instruction.
10.     School psychologists develop academic and behavioral interventions.
I would love to hear from parents about your experiences with school psychologists if you had a good or bad experience, and would like to share with other parents, please E mail me at the above E mail address. Your privacy will be protected.http://jaygreene.com/2009/01/04/blaming-special-ed/ Jay talks about people that blame special education for the troubles in K-12 education and for draining money from general education.
B.    A wonderful article on Wrightslaw by Suzanne Whitney about states sending back 1.7 billion dollars in unused special education funds, between 2000-2002! Find this article at: www.wrightslaw.com/news/04/unspent.funds.heath.htm (JoAnn: Think about what this money could do for our children with disabilities! Contact your legislators about this travesty!)
C.    The National Disability Rights Network has released a wonderful report on Restraint and Seclusion entitled: “School is Not Supposed to Hurt!” This resource can be found at: http://www.napas.org/sr/SR-Report.pdf This is a wonderful document that gives lots of examples of children with disabilities hurt or killed by restraint and seclusion. The report also discusses recommendations and the important use of positive behavioral supports; which are covered in my new E-Book!
D.    Bookshare offers Free digital books for people with blindness or print disabilities, including severe learning disabilities. They are offering this with an OSEP grant!  There are specific requirements that must be met, but it is worth it! They offer 42,000 digital books, textbooks, teacher recommending reading, periodicals and assistive technology tools! You can find them at: www.bookshare.org                                                                           

Disability Deception has continued to sell well at

Last month I mentioned that I would be discussing school psychologists    and my opinion that in the last several years, many school psychologists evaluation reports, have become watered down.   I received many comments from parents a few of them I am listing:

A. “I completely agree with what you wrote about watered down school evaluations. How does a parent know what should be in a good evaluation?” (Keep reading this newsletter- I answer this question)!

B. “I agree with what you said, it has taken me a long time to figure out that this was happening (watering down of school psychologists reports).”   

I found a wonderful document written by a Nationally Certified School Psychologist by the name of Margaret J. Kay, EdD, NCSP, DABPS entitled “How to Prepare a Psycho educational Evaluation Report & Testify as an Expert Witness” You can find this free document at

1.    The reason that the child is being referred for a special education evaluation. Academic difficulties, behavioral difficulties, suspect autism, suspect a learning disability; the specific reason why the child is being evaluated.
2.    The Child’s History and Background Information. Medical History, family history, educational history, and also observations from people who are with the child on a regular basis. Also, how the child has tested over time. Ms. Kay mentions the Mathew Effect which is in refers to the decrease on tests measuring verbal learning in children whose reading difficulties are not remediated. I have said this for years: that a drop in IQ can only be caused by two things; traumatic brain injury, or the fact that the child has not received remediation for their academic difficulties.  I first heard this from a Clinical Psychologist who was testifying at a due process for someone I was advocating for.
3.    The child’s behavior during the testing. What is important is not just the test scores, but what the child does during the process of the evaluation. Is the child having difficulty focusing, paying attention, is the child hyperactive or hypoactive, are they showing signs of frustration, is the testing tedious for the child. Process assessment should be included because it is critical how the child obtains the test score, more than the score themselves. I have heard from parents that believe that their child is given help to obtain a better score, though I have not seen this in children that I have advocated for.
4.    Test Results and Analysis of the test results. The psychologist needs to discuss the test scores but also interpret the test scores. This is often where I disagree with many school psychologists. They will often find low academic scores and then state in the eligibility meeting that the child does not qualify, for special education services. I am also concerned about some school psychologists that pick tests in areas that they know the child will do well in.  For Example: A child who is reading at first grade level but is in third grade being given a reading test, that does not test phonemic awareness, reading fluency, decoding, vocabulary etc. Each area must be tested to determine if a child has educational needs in that area.
Ms. Kay states that this section of the report should state whether the child is making progress and whether the child is benefiting from special education. I have never seen this myself; but if you have please E mail me at the address above, and share with me your story, it will help other parents.

5.    Summary of Test Results and Recommendations for Interventions. This section should give a summary of the results of the evaluation, recommendations for special education services, and a determination of the child’s eligibility for special education services.  I have not seen specific recommendations in a child’s report for many years. I am seeing general recommendations, but not recommendations for specific special and related services that a child needs. Other parents and advocates have commented that they are seeing the same thing.

JoAnn: I am also not seeing many school psychologists stating in writing whether the child is eligible for special education or not.   This is copied from a child’s report: “It is recommended that the information presented in this report be used in combination with information provided by other relevant parties for the determination of eligibility for special education and for academic programming.” I could not believe this when I read it! The psychologist could not even bring himself to state that the child needed special education services!

JoAnn: I am also concerned by the fact that many school psychologists are not testing children in all areas of suspected disability, as required by IDEA!! If the psychologist does not test the child to determine if the child has learning disabilities how are they going to find the learning disabilities! Many years ago when my son Shaun was 7 I asked for him to be tested for LD. The school assured me that my son was not LD! I found out later that he was never tested. An independent evaluation showed that he had severe learning disabilities in 7 areas!  The child must be tested in all areas of suspected disability according to IDEA!

Advocacy Tip:  Insist that these five areas be included in your child’s next evaluation! If you do not see these things on the report ask the school psychologist in person at your child’s IEP meeting.

********************************************************************************************************

2. Disability Deception of the Month

This month’s deception is going to be about ethics and school psychologists. The National Association of School Psychologists has put out a document entitled the “Professional Conduct Manual.” This manual is wonderful and very specifically states what the ethic guidelines are for members of their group. You may find this document at:

********************************************************************************************************
3. Resources
A.    I found a wonderful Blog on blaming special education by a man named Jay Greene. His blog can be found at:

Check this out for your child!
*********************************************************************************************************

4. Disability and Special Education Newswww.disabilitydeception.com. I update it often with new resources and new information!                                                             

A.    The above report from the National Disability Rights Network has prompted the House to take action!  Rep. George Miller D-Calif, chairmen of the House Education and Labor Committee stated that he would schedule a hearing on the issue of restraint and seclusion that is used in school districts for children with disabilities. “This report raises serious questions about the treatment of schoolchildren, the qualifications and training of staff, and what actions have been taken to address these unconscionable practices.” Miller said.
B.    ABC News had a story about an 8 year old Idaho girl with Aspergers which is on the autism spectrum,  that was arrested at school for battery. The girl became upset when she was not allowed to go to a Christmas party, because she would not take off her favorite cow costume. Her parents are considering suing the school district! The charges were dropped by the prosecutor Mr. Towry! He stated that the charges were dropped because of the child’s age and condition. JoAnn:  Where is the use of positive behavioral supports which must be considered, when a child has behavior that interferes with their education! Many special education personnel have totally lost their common sense, continuing to punish children for behavior that is part of their disabilities, rather than use positive behavioral supports and plans! I not only support a lawsuit in this case but would love to contribute to the parents legal fees! School districts must be forced to deal with
children’s negative behavior, in an appropriate way, that helps increase the child’s positive behavior
C.    Supreme Court to hear case about whether parents can unilaterally place their children in private school at public expense, even if their child has never been in public school. The Supreme Court Tom F. Case on this issue ended in a 4-4 decision with Justice Kennedy recusing himself. Justice Kennedy is supposed to hear this case and not take himself out of the case. Justice Kennedy has a grandson with autism; so it will be interesting to see how he rules! 
This case is out of Oregon and what is interesting is that the school district found the child ineligible for special education services. Since they found him ineligible the parent should have the right to put him in a private school at public expense.
D.    DC Files Suit Over Special Education Case It Calls Frivolous article in Washington  Post
The school district is taking advantage of an IDEA 2004 regulation that allows schools to recover attorney fees if parents bring frivolous actions. Across the US this has been tried a few times with no success, because parents have the unlimited right to file for a due process hearing if they disagree with the school districts recommendations. DC is asking for$1,752.25 to cover legal representation at a due process hearing.
**********************************************************************************************************
Get your copy of the E book today for $10.00 which includes shipping at:

Dear Blogmates:

As we enter into the mid-February, I become keenly aware that we are half way through another school year. As I review many of my clients IEP progress reports, I noticed a common tread. There is no data provided to the parents to support the district’s position that the student is making SP= sufficient progress towards the annual goals. Instead, parents are given the front page of the annual goals with those none descriptive letters SP.  

The purpose of the IEP progress report is to provide parents with a mechanism to monitor a student’s progress toward the annual goals and to evaluate the effectiveness of the student’s special education services. This can only be achieved when the progress report includes informative summaries and samples of the students work production.

Parents, if you are getting anything less, I recommend you ask to schedule a parent-teacher conference and ask the following questions:

How is SP= sufficient progress being measured?

What formula or data, if any, is being used to determine that enough progress is being made to achieve the goals by the end of the year?

Ask the teacher to provide you with examples of your child’s work productions from the beginning of year and compare it with what you child can produce now. You should be able to see progress and when comparing the two.

It’s really an ideal time to make improvements in your child’s special education services. It’s still early enough in the school year to implement changes and modifications that will support your child’s learning before the end of the year.

While the IEP is a critical document, remember that being active, asking questions, and collecting data, will go a long way in ensuring success for your child.

I had interesting experience the other day, while attending a small social event. I ran into a mother of a child with special education needs. The child is currently attending a private school and quite understandably the mother is scared to place her child into the institutionalized setting of “public education”.  As we continued our conservation about the pro’s and con’s of each setting, I realize I had not introduced myself.  Her response to learning my name was quiet amusing in that I am always surprised when people tell me they have heard about me! However, this mother’s response was more interesting then usual. This mother informs me that two friends of hers told her about my services. She then continues to tell me that one of her friends also informed her that the school district does like me! This is a Virginia Beach family. Without initially understanding why, I laughed pretty hard at the parents comment. I then inquired why the school district did not like me but she had no answer. I told the mother that is was a good thing I did not work for the school district because then I might be upset! She smiled asked for my business card and we parted ways.

The rambling purpose of me sharing this, it to make my position clear:

I WORK FOR THE CHILD AND PARENT.

I do not work for ANY school district.

 My advocacy goals are to hold all school districts accountable for providing the educational services, supports and protections we as parents have a right to so that our children have the tools needed to be successful in life.

I am passionate and dedicated to this cause and my profession, because I am a parent of two children with special needs and I totally understand the fears parent’s face when schools harm our children!

Cheryl A Poe

ADHD and Loving it!

Special Education Spotlight #11 February 1, 2009                                                                                           

Contact Information: JoAnn@disabilitydeception.com                                                                    

Website: www.disabilitydeception.com 

*******************************************************************************

1.    JoAnn’s Corner www.amazon.com for $15.00 plus shipping!  New testimonial: “Nice to have a source that articulates what I see happening over and over.”   

http://www.MargaretKay.com .  According to Ms Kay there are 5 components that need to be in a school psychologists report.  These are paraphrased. They are:www.nasponline.org/standards/ProfessionalCond.pdf 

It has a lot of information and I would encourage all parents to look at the document. The problem is that as far as I can tell, this is a voluntary ethics guideline and only enforceable among their members. While investigating how to file an ethics complaint for a school psychologist, my state board of education said that the complaint cannot be filed with them; they have no authority!!
Below is some info from the manual; paraphrased:

1.    Mission of NASP is to promote healthy educational environments by using research based effective programs. We accomplish this through research, training, advocacy etc.
2.    School psychologists will act as advocates for the students that they work with.
3.    School psychologists at the very least will do no harm.
4.    School psychologists will speak up for the needs and rights of the students that they work with.
5.    School psychologists only use professional practices that maintain the dignity of children and parents.
6.    School psychologists do not participate in any action that would violate the civil and legal rights of children and parents.
7.    School psychologists will communicate to school administration and staff their concern for protecting the rights of children in determining services.
8.    Psychological reports that give test scores only, and generalized statements for eligibility for special education without specific recommendations, are seldom useful.
9.    School psychologists develop and implement behavioral change programs such as positive reinforcement, social skills training, and academic instruction.
10.     School psychologists develop academic and behavioral interventions.
I would love to hear from parents about your experiences with school psychologists if you had a good or bad experience, and would like to share with other parents, please E mail me at the above E mail address. Your privacy will be protected.http://jaygreene.com/2009/01/04/blaming-special-ed/ Jay talks about people that blame special education for the troubles in K-12 education and for draining money from general education.
B.    A wonderful article on Wrightslaw by Suzanne Whitney about states sending back 1.7 billion dollars in unused special education funds, between 2000-2002! Find this article at: www.wrightslaw.com/news/04/unspent.funds.heath.htm (JoAnn: Think about what this money could do for our children with disabilities! Contact your legislators about this travesty!)
C.    The National Disability Rights Network has released a wonderful report on Restraint and Seclusion entitled: “School is Not Supposed to Hurt!” This resource can be found at: http://www.napas.org/sr/SR-Report.pdf This is a wonderful document that gives lots of examples of children with disabilities hurt or killed by restraint and seclusion. The report also discusses recommendations and the important use of positive behavioral supports; which are covered in my new E-Book!
D.    Bookshare offers Free digital books for people with blindness or print disabilities, including severe learning disabilities. They are offering this with an OSEP grant!  There are specific requirements that must be met, but it is worth it! They offer 42,000 digital books, textbooks, teacher recommending reading, periodicals and assistive technology tools! You can find them at: www.bookshare.org                                                                           

Disability Deception has continued to sell well at

Last month I mentioned that I would be discussing school psychologists  and my opinion that in the last several years, many school psychologists evaluation reports, have become watered down.   I received many comments from parents a few of them I am listing:

A. “I completely agree with what you wrote about watered down school evaluations. How does a parent know what should be in a good evaluation?” (Keep reading this newsletter- I answer this question)!

B. “I agree with what you said, it has taken me a long time to figure out that this was happening (watering down of school psychologists reports).”   

I found a wonderful document written by a Nationally Certified School Psychologist by the name of Margaret J. Kay, EdD, NCSP, DABPS entitled “How to Prepare a Psycho educational Evaluation Report & Testify as an Expert Witness” You can find this free document at

1.    The reason that the child is being referred for a special education evaluation. Academic difficulties, behavioral difficulties, suspect autism, suspect a learning disability; the specific reason why the child is being evaluated.
2.    The Child’s History and Background Information. Medical History, family history, educational history, and also observations from people who are with the child on a regular basis. Also, how the child has tested over time. Ms. Kay mentions the Mathew Effect which is in refers to the decrease on tests measuring verbal learning in children whose reading difficulties are not remediated. I have said this for years: that a drop in IQ can only be caused by two things; traumatic brain injury, or the fact that the child has not received remediation for their academic difficulties.  I first heard this from a Clinical Psychologist who was testifying at a due process for someone I was advocating for.
3.    The child’s behavior during the testing. What is important is not just the test scores, but what the child does during the process of the evaluation. Is the child having difficulty focusing, paying attention, is the child hyperactive or hypoactive, are they showing signs of frustration, is the testing tedious for the child. Process assessment should be included because it is critical how the child obtains the test score, more than the score themselves. I have heard from parents that believe that their child is given help to obtain a better score, though I have not seen this in children that I have advocated for.
4.    Test Results and Analysis of the test results. The psychologist needs to discuss the test scores but also interpret the test scores. This is often where I disagree with many school psychologists. They will often find low academic scores and then state in the eligibility meeting that the child does not qualify, for special education services. I am also concerned about some school psychologists that pick tests in areas that they know the child will do well in.  For Example: A child who is reading at first grade level but is in third grade being given a reading test, that does not test phonemic awareness, reading fluency, decoding, vocabulary etc. Each area must be tested to determine if a child has educational needs in that area.
Ms. Kay states that this section of the report should state whether the child is making progress and whether the child is benefiting from special education. I have never seen this myself; but if you have please E mail me at the address above, and share with me your story, it will help other parents.

5.    Summary of Test Results and Recommendations for Interventions. This section should give a summary of the results of the evaluation, recommendations for special education services, and a determination of the child’s eligibility for special education services.  I have not seen specific recommendations in a child’s report for many years. I am seeing general recommendations, but not recommendations for specific special and related services that a child needs. Other parents and advocates have commented that they are seeing the same thing.

JoAnn: I am also not seeing many school psychologists stating in writing whether the child is eligible for special education or not.   This is copied from a child’s report: “It is recommended that the information presented in this report be used in combination with information provided by other relevant parties for the determination of eligibility for special education and for academic programming.” I could not believe this when I read it! The psychologist could not even bring himself to state that the child needed special education services!

JoAnn: I am also concerned by the fact that many school psychologists are not testing children in all areas of suspected disability, as required by IDEA!! If the psychologist does not test the child to determine if the child has learning disabilities how are they going to find the learning disabilities! Many years ago when my son Shaun was 7 I asked for him to be tested for LD. The school assured me that my son was not LD! I found out later that he was never tested. An independent evaluation showed that he had severe learning disabilities in 7 areas!  The child must be tested in all areas of suspected disability according to IDEA!

Advocacy Tip:  Insist that these five areas be included in your child’s next evaluation! If you do not see these things on the report ask the school psychologist in person at your child’s IEP meeting.

********************************************************************************************************

2. Disability Deception of the Month

This month’s deception is going to be about ethics and school psychologists. The National Association of School Psychologists has put out a document entitled the “Professional Conduct Manual.” This manual is wonderful and very specifically states what the ethic guidelines are for members of their group. You may find this document at:

********************************************************************************************************
3. Resources
A.    I found a wonderful Blog on blaming special education by a man named Jay Greene. His blog can be found at:

Check this out for your child!
*********************************************************************************************************

4. Disability and Special Education Newswww.disabilitydeception.com. I update it often with new resources and new information!                                                             

A.    The above report from the National Disability Rights Network has prompted the House to take action!  Rep. George Miller D-Calif, chairmen of the House Education and Labor Committee stated that he would schedule a hearing on the issue of restraint and seclusion that is used in school districts for children with disabilities. “This report raises serious questions about the treatment of schoolchildren, the qualifications and training of staff, and what actions have been taken to address these unconscionable practices.” Miller said.
B.    ABC News had a story about an 8 year old Idaho girl with Aspergers which is on the autism spectrum,  that was arrested at school for battery. The girl became upset when she was not allowed to go to a Christmas party, because she would not take off her favorite cow costume. Her parents are considering suing the school district! The charges were dropped by the prosecutor Mr. Towry! He stated that the charges were dropped because of the child’s age and condition. JoAnn:  Where is the use of positive behavioral supports which must be considered, when a child has behavior that interferes with their education! Many special education personnel have totally lost their common sense, continuing to punish children for behavior that is part of their disabilities, rather than use positive behavioral supports and plans! I not only support a lawsuit in this case but would love to contribute to the parents legal fees! School districts must be forced to deal with
children’s negative behavior, in an appropriate way, that helps increase the child’s positive behavior
C.    Supreme Court to hear case about whether parents can unilaterally place their children in private school at public expense, even if their child has never been in public school. The Supreme Court Tom F. Case on this issue ended in a 4-4 decision with Justice Kennedy recusing himself. Justice Kennedy is supposed to hear this case and not take himself out of the case. Justice Kennedy has a grandson with autism; so it will be interesting to see how he rules! 
This case is out of Oregon and what is interesting is that the school district found the child ineligible for special education services. Since they found him ineligible the parent should have the right to put him in a private school at public expense.
D.    DC Files Suit Over Special Education Case It Calls Frivolous article in Washington  Post
The school district is taking advantage of an IDEA 2004 regulation that allows schools to recover attorney fees if parents bring frivolous actions. Across the US this has been tried a few times with no success, because parents have the unlimited right to file for a due process hearing if they disagree with the school districts recommendations. DC is asking for$1,752.25 to cover legal representation at a due process hearing.
**********************************************************************************************************
Get your copy of the E book today for $10.00 which includes shipping at: