Current Issues in Special Education
Early Intervention - The early years fof 0-3 are a period of phenomenal growth and learning. Children with specific learning disabilities generally exhibit speech delays and language disorders. Extensive research proves that effective early intervention strategies will improve the child’s chances of future school success, reduce the need for special education services in later years, and minimize the loss of self esteem brought on by a pattern of school failure.
Individuals With Disabilities Education Act (IDEA) Funding - Following a campaign promise for “funding the Individuals with Disabilities Education Act”, President Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009, including $12.2 billion in additional funds
Assesssment - The most commonly used comprehensive achievement tests include the Woodcock-Johnson III (WJ III), Weschler Individual Achievement Test II (WIAT II), the Wide Range Achievement Test III (WRAT III), and the Stanford Achievement Test–10th edition. These tests include measures of many academic domains that are reliable in identifying areas of difficulty.
Alignment with No Child Left Behind - The reauthorization of IDEA in 2004 revised the statute to align with the requirements of the No Child Left Behind Act (NCLB). NCLB allows financial incentives to states who improve their special education services and services for all students
Medications for ADHD - An area of great concern for parents. The following information is available from the National Institute of Mental Health. http://www.ldanatl.org/aboutld/professionals/adhd_treatment.asp
Discipline - Under the provisions of IDEA, the school must take the the disability into account when disciplining a child diagnosed with a disability. Due to the Stay Put Law, Local districts must hold a manifestation hearing within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct.
US Supreme Court Interpretations - On June 22, 2009 the Supreme Court held that parents of disabled children can seek reimbursement for private education expenses regardless whether their child had previously received special-education services from a public school. By a vote of six to three, the Court held that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement whenever a public school fails to make a free appropriate public education (FAPE) available to a disabled child.
Argument Preview: Forest Grove School District v. TA, Scotusblog.com, April 27, 2009
Least Restrictive Environment - Public school children should have equal access to general education and any other program that non-disabled peers would be able to access to, including extracuricular activities. The student should be provided with supplementary aids and services necessary to achieve educational goals if placed in a setting with non-disabled peers.
Fair and Appropriate Education (FAPE) - Very simply, this is a right guaranteed by the Rehabilitation Act of 1973. The “free” public education means educational services must be provided at public expense. Additionally, parents are entitled to notification of any change of placement and have rights to due process, including civil action.
Section 504 - Many young people with disabilities do not meet the strict definition under IDEA. However, many are protected by Section 504. This 1977 legislation guarantees rights to people with disabilities including children in any school or institution that receive Federal financial assistance. Often, that means providing rights to students for issues outside of the school day such as extracurricular activities, sports, and after school care. In order for schools to comply with Section 504 they must follow the process of Identify students with disabilities; evaluate those students; if the student is eligible, create a written accommodation plan, often called a “504 Plan. Parents have due process rights; where they disagree with the determinations of the school, they have a right to an impartial hearing andcompensatory damages are available to plaintiffs.
Estate Planning and Trusts - This is a complicated subject and is best left to professionals financial planners and attorneys. Special Needs Trust are designed to protect accesss to various public benefits. Most commonly, Special Needs Trusts are intended to permit Supplemental Security Income (SSI) and Medicaid recipients to receive some additional services or goods.
Case Management
DSM IV
Crime among the Learning Disabled - According to one study by Zabel and Nigro, LD individuals make up a large portion of individuals in a detention facility which may have been a result from the LD individual not learning at a significant pace in the education system and also potentially not completing the education system. It happens all too frequently.
AGA Code of Ethics
HIPPA