Are you the parent of a child with a learning disability or autism that feels like special education personnel are retaliating against, you for your advocacy? Has your child been suspended by the school, because you have complained about your child's treatment? This article will be discussing Section 504 of the Rehabilitation Act, retaliation, and how you can use the information in this article to prove retaliation.
Section 504 of the Rehabilitation Act is a federal anti discrimination law and applies to any entity, that receives federal funding; which all public schools do. The child cannot be discriminated against based on their disability. This law also prohibits retaliation based on a person being involved in a protected activity (advocacy is considered a protected activity). The Office of Civil Rights is the federal agency that enforces Section 504. Any retaliation complaints could be filed with them, or could be taken straight to court.
The Office of Civil Rights has developed a 5 part test to determine whether a school district has engaged in prohibited retaliation. You can use these questions to help you prove your retaliation case. These 5 questions are:
1. Has the parent/student engaged in a protected activity? Protected activities could be filing a state complaint, filing a due process complaint, filing a lawsuit in court. Any type of advocacy could be considered a protected activity.
2. Was the district aware of the protected activity? This would not be hard to prove, especially if the retaliation is based on filing a complaint, or a due process hearing.
3. Was the parent/student subjected to an adverse action? This could be any type of action that would harm the child or parent. Examples of adverse reaction may include: suspension or expulsion of the child, suspension from participating in extracurricular activities, or preventing parents from entering school grounds-in other words banning them from school property. This seems to me to be a brand new tactic that is occurring across the USA; parents being banned from entering the school, due to their advocacy. This is a violation of Section 504 of the Rehabilitation Act, in my opinion.
Another adverse action I hear about quite often is school districts calling child protective services against parents! A friend of mine had this happen to her because she refused to pick her child up at school, when the school thought she should! Child protective services cleared my friend and even stood up to the school district, for my friend. Unless the school has real evidence of abuse; this action can be seen as retaliation!
4. Will a neutral third party decide that there is a causal relationship or connection between the protected activity and the adverse action? Is there sufficient evidence to raise an inference that the protected activity was likely the reason for the adverse action? How close in time was the adverse action to the advocacy?
5. Can the school district offer a legitimate, nondiscriminatory reason for the adverse action, which a neutral third party will not consider to be pre textual? In other words if the school district can prove that the action was done for other than retaliation then they will win the retaliation claim. For example: If your child's IEP states that he or she can be suspended for behavior, and they are suspended after your advocacy, it would be a tough job to prove that the advocacy is what caused the suspension. But if your child has a behavior plan, which does not include suspensions it would be easy to prove that a school suspension is linked to your advocacy.
Use the information in this article to help you decide if you can prove retaliation, to OCR or in court. Remember the retaliation must have occurred after a protected activity-advocacy-must be close in time to the protected activity-and must be connected to the protected activity. Good luck!
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game." The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled "The Special Education Spotlight" send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com.
Article Source: http://EzineArticles.com/?expert=JoAnn_Collins
Wednesday, January 19, 2011
Five things to Benefit Your Child in Special Education
Are you the parent of a child receiving special education services due to autism or a learning disability? Are you looking for a few things that you can do, this new year, to benefit your child's education? This article is for you! I will be discussing 5 things that you as a parent can do to help your child's education in this new year!
Item 1: Check all of your child's past standardized testing, to see if they are on grade level. As an advocate I have helped children that have been several grade levels below their peers, and the parents did not realize this. Catching a child that is having academic difficulty early, and finding out what type of related and special education services they need, will help them keep up with their grade appropriate peers.
Item 2: If you have never looked at your child's educational record contact your district office (call and make sure that this is where the records are kept), and tell them that you would like to see your child's school records. IDEA 2004 and FERPA give parents the right to look at their child's school record, though schools do have up to 45 days for this. FERPA defines a school record as anything that is personally identifiable to a certain child. For example; E mails, letters, testing protocols, discipline records, (could also apply to audio and video recording, but may differ from state to state) etc.
Why is this important? This is important because some very strange items can be kept in a child's school record, and these items can in the future be used against a child. For example: A medical record that you had not seen, a discipline record etc. FERPA does not necessarily allow for copying the records, but state law may give parents the right to do this, so check with your States Department of Education.
Item 3: If you have not had a chance to observe your child at school in their current placement, tell your child's teacher that you will be coming in to observe your child. Observe your child and the teacher's relationship? Is your child in a corner by themselves, or are they sitting with other students? Is there a child that is acting in a disruptive manner, preventing the other children from learning? Also talk to your child's teacher, about any difficulties your child is having, and any suggestions on how to improve the situation.
Item 4: Get involved with the federal core educational standards movement! Each state has in the past, had their own core educational standards. Some states have had high standards, and some states like my own, have had low standards. For some time, there has been a movement to develop federal core educational standards that apply to all states. Federal Core standards have been developed and can be seen at: http://www.corestandards.org. At the moment these standards are voluntary, but states that adopt the standards can try and get additional funding for their states educational system.
Why are federal core standards important? They are important because they are considered very high standards, and these standards are meant to apply to all children, including children with disabilities. Fight for these standards for your child, to make sure that they are learning grade appropriate tasks, to prepare them for their adult life.
Item 5: Become familiar with the Individuals with Disabilities Education Act, and file a State complaint for violations of this law! The complaint is filed with your States Department of Education and can help enforce the law, though may not always be successful! It has been my contention for many years, that if parents of children receiving special education services, filed more complaints the situation for children would be better than it is now!
By taking the time to work on these 5 things you are showing a commitment to advocate for your child and improve their education. Good luck!
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game." The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled "The Special Education Spotlight" send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com.
Article Source: http://EzineArticles.com/?expert=JoAnn_Collins
Parent Empowerment for Parents With Children in Special Education!
Do you have a child with Autism that is receiving special education services? Would you like to learn how to be a better advocate for your child? This article will address 9 steps that you can take to empower yourself, to advocate for an appropriate education for your child!
Step 1: Begin by asking a lot of questions when you speak to your child's teacher. Sample of questions for your child's teacher could be: "What curriculum are you using to teach my child to read? What do these standardized test scores mean? What type of positive behavioral supports do you use in the classroom" If your child's teacher tells you something that you do not understand, ask her to explain it, and perhaps send you the explanation in writing.
Step 2: Ask lots of questions when attending an IEP (Individual Educational Plan) meeting for your child. Sample of questions at an IEP meeting could be: "What does that word mean? What services will my child be receiving, and how many minutes will they be receiving the service? What standardized testing will you be conducting on my child, to see if she is making educational progress?" Always ask for explanations, when special education personnel start talking in terms that you do not understand, or talk about services you do not understand.
Step 3: At IEP meetings give your input on how you think your child is doing in school, and on what related and special education services, you think your child needs! Parents know their child better than most school people do, so it may be easy for them to figure out what services the child needs, to benefit from their education. If you have trouble speaking up at meetings, put together a one page parent input statement, to bring to the meeting with you.
Step 4: To help yourself feel more comfortable speaking up at a meeting; "role play" with other parents, what may happen at the meeting. This is a good way to get yourself prepared, to make good arguments for services that your child needs.
Step 5: If you still have difficulty speaking up at meetings, bring another parent who has experience in the special education process.
Step 6: If your child's behavior interferes with their education or the education of others, insist on conducting a Functional Behavioral Assessment, and have a Positive Behavioral Plan developed. You may need to fight for a qualified person to do these, but it will help your child as well as other children.
Step 7: When you attend an IEP meeting, be sure and read the IEP before you leave. I realize meetings can be stressful, but it is critical that you take the time to read the IEP, and make sure that it is accurate.
Step 8: Ask for any changes to the IEP, if the document does not reflect discussions held, or agreements made. If things are not written clearly it can be difficult to enforce what is written in the IEP.
Step 9: You must realize that by standing up to school personnel you may anger some people! But what is more important, making someone upset or fighting for appropriate services for your child? In my opinion the child wins every time, because they need special education services in order to have a fulfilled adult life.
By following these 9 steps you will be empowered to advocate for your child, and they will appreciate it!
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game." The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled "The Special Education Spotlight" send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com.
Article Source: http://EzineArticles.com/?expert=JoAnn_Collins
Step 1: Begin by asking a lot of questions when you speak to your child's teacher. Sample of questions for your child's teacher could be: "What curriculum are you using to teach my child to read? What do these standardized test scores mean? What type of positive behavioral supports do you use in the classroom" If your child's teacher tells you something that you do not understand, ask her to explain it, and perhaps send you the explanation in writing.
Step 2: Ask lots of questions when attending an IEP (Individual Educational Plan) meeting for your child. Sample of questions at an IEP meeting could be: "What does that word mean? What services will my child be receiving, and how many minutes will they be receiving the service? What standardized testing will you be conducting on my child, to see if she is making educational progress?" Always ask for explanations, when special education personnel start talking in terms that you do not understand, or talk about services you do not understand.
Step 3: At IEP meetings give your input on how you think your child is doing in school, and on what related and special education services, you think your child needs! Parents know their child better than most school people do, so it may be easy for them to figure out what services the child needs, to benefit from their education. If you have trouble speaking up at meetings, put together a one page parent input statement, to bring to the meeting with you.
Step 4: To help yourself feel more comfortable speaking up at a meeting; "role play" with other parents, what may happen at the meeting. This is a good way to get yourself prepared, to make good arguments for services that your child needs.
Step 5: If you still have difficulty speaking up at meetings, bring another parent who has experience in the special education process.
Step 6: If your child's behavior interferes with their education or the education of others, insist on conducting a Functional Behavioral Assessment, and have a Positive Behavioral Plan developed. You may need to fight for a qualified person to do these, but it will help your child as well as other children.
Step 7: When you attend an IEP meeting, be sure and read the IEP before you leave. I realize meetings can be stressful, but it is critical that you take the time to read the IEP, and make sure that it is accurate.
Step 8: Ask for any changes to the IEP, if the document does not reflect discussions held, or agreements made. If things are not written clearly it can be difficult to enforce what is written in the IEP.
Step 9: You must realize that by standing up to school personnel you may anger some people! But what is more important, making someone upset or fighting for appropriate services for your child? In my opinion the child wins every time, because they need special education services in order to have a fulfilled adult life.
By following these 9 steps you will be empowered to advocate for your child, and they will appreciate it!
JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game." The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled "The Special Education Spotlight" send an E mail to: JoAnn@disabilitydeception.com. For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com.
Article Source: http://EzineArticles.com/?expert=JoAnn_Collins
child's different learning styles and issues
Once you have discovered your child's learning styles and multiple intelligences, there is a good chance you will discover they are at odds with the way lessons are traditionally taught in the school system. How can you go about making sure your child gets the best opportunities to learn? Here are some strategies:
Get To Know Your Child's teacher - This should be your first and most important step going forward. Teachers want their students to succeed but in most cases the deck is stacked against them. Standardized testing, rigid curriculum, cost cuts, large class sizes, and lack of support are all challenges that teachers face every day.
Getting to know your child's teacher gives you and your child an advantage. It lets the teacher know you are involved and concerned about your child. You can pass on valuable information - such as your child's different learning styles and issues they may be having that the teacher is not aware of.
Scheduling a face to face meeting with your child's new teacher each year should be a priority. Call and find a time that is good for them. Dropping in or trying to discuss your child at the end of a school day is usually frustrating and not successful as the teacher needs a clear head and schedule to absorb and address your concerns.
Come Prepared - Make the most of any meetings you have with teachers by being prepared. Create a list of the issues you want to address and have an idea of what outcomes you would like to see. It shows you are proactive and, if you offer solutions instead of just a whole bunch of problems, you are more likely to get what you want.
If your child is having difficulty in school because of their preferred learning style or multiple intelligence, look for solutions that are easy to implement in the classroom. See if there is any flexibility in how projects are done.
If your child is an auditory learner, see if they can do a presentation as opposed to a written report. If they are Kinesthetic see if they can get up and stretch from time to time. Incorporating stretching exercises, even for a few minutes at a time throughout the day, makes all students learn better. If your student is visual, practice good note taking skills at home and have kids write down any instructions they receive verbally. This will help them process the task at hand.
Offer Assistance - If there are any ways you can get involved, teachers are generally very grateful for the help. Does your child's class have parent helpers? Sign up!
See if there is any material the teacher needs that you (or a parent association, or community member) could help provide. There are lots of free resources out there that teachers don't have the time to track down. Many teachers operate on a tight budget, and any "extra" things such as art supplies or teaching aids that do cater to other learning styles are usually bought out of the teacher's own pocket. It gets expensive to be a good teacher.
If there is a skill you have that you can share that might benefit the students, see if you can come in and teach a lesson. If your child is Kinesthetic you could teach a quick lessons on exercises you can do while sitting in their seats (look up instructions for exercises to do while flying for ideas). This wold be great for students who have to be active while they are learning.
Find Out What You Can Do At Home - Ask your teacher for suggestions on ways you can help your child learn better at home. See if they can recommend any extra resources for you. It might take your child a little longer to finish their homework if you have to present it in a way that fits their learning style but it is worth it!
Sheena is an educator and author who is passionate about creativity. Her website "Growing Creative Kids" is full of ideas, resources and creative inspiration for parents, educators and care givers. http://growingcreativekids.com
Sheena has two e-books available on her website at: http://growingcreativekids.com/shop
"Growing Creative Kids" a great resource providing you with the ideas, inspiration and and tools to cultivate a creative mind within your family.
"The Art of Money Getting - Adapted for the Modern Teen Money Getter" takes P.T Barnum's classic lessons and makes it relevant to today's teens.
Article Source: http://EzineArticles.com/?expert=Sheena_Witter
Get To Know Your Child's teacher - This should be your first and most important step going forward. Teachers want their students to succeed but in most cases the deck is stacked against them. Standardized testing, rigid curriculum, cost cuts, large class sizes, and lack of support are all challenges that teachers face every day.
Getting to know your child's teacher gives you and your child an advantage. It lets the teacher know you are involved and concerned about your child. You can pass on valuable information - such as your child's different learning styles and issues they may be having that the teacher is not aware of.
Scheduling a face to face meeting with your child's new teacher each year should be a priority. Call and find a time that is good for them. Dropping in or trying to discuss your child at the end of a school day is usually frustrating and not successful as the teacher needs a clear head and schedule to absorb and address your concerns.
Come Prepared - Make the most of any meetings you have with teachers by being prepared. Create a list of the issues you want to address and have an idea of what outcomes you would like to see. It shows you are proactive and, if you offer solutions instead of just a whole bunch of problems, you are more likely to get what you want.
If your child is having difficulty in school because of their preferred learning style or multiple intelligence, look for solutions that are easy to implement in the classroom. See if there is any flexibility in how projects are done.
If your child is an auditory learner, see if they can do a presentation as opposed to a written report. If they are Kinesthetic see if they can get up and stretch from time to time. Incorporating stretching exercises, even for a few minutes at a time throughout the day, makes all students learn better. If your student is visual, practice good note taking skills at home and have kids write down any instructions they receive verbally. This will help them process the task at hand.
Offer Assistance - If there are any ways you can get involved, teachers are generally very grateful for the help. Does your child's class have parent helpers? Sign up!
See if there is any material the teacher needs that you (or a parent association, or community member) could help provide. There are lots of free resources out there that teachers don't have the time to track down. Many teachers operate on a tight budget, and any "extra" things such as art supplies or teaching aids that do cater to other learning styles are usually bought out of the teacher's own pocket. It gets expensive to be a good teacher.
If there is a skill you have that you can share that might benefit the students, see if you can come in and teach a lesson. If your child is Kinesthetic you could teach a quick lessons on exercises you can do while sitting in their seats (look up instructions for exercises to do while flying for ideas). This wold be great for students who have to be active while they are learning.
Find Out What You Can Do At Home - Ask your teacher for suggestions on ways you can help your child learn better at home. See if they can recommend any extra resources for you. It might take your child a little longer to finish their homework if you have to present it in a way that fits their learning style but it is worth it!
Sheena is an educator and author who is passionate about creativity. Her website "Growing Creative Kids" is full of ideas, resources and creative inspiration for parents, educators and care givers. http://growingcreativekids.com
Sheena has two e-books available on her website at: http://growingcreativekids.com/shop
"Growing Creative Kids" a great resource providing you with the ideas, inspiration and and tools to cultivate a creative mind within your family.
"The Art of Money Getting - Adapted for the Modern Teen Money Getter" takes P.T Barnum's classic lessons and makes it relevant to today's teens.
Article Source: http://EzineArticles.com/?expert=Sheena_Witter
Special Education Programs in the United States and the Third World Countries
The Department of Education in the Philippines is strengthening its policies for special education program in allowing special children who does not have the resources or access to a well deserved education because of financial disabilities of their parents. This is one good reason why people and the government should continue to support this program because the special children have the right to education equally as the normal children. Even though this group of people may not have the same skills that a normal child has, still they have a chance to experience school life which will nurture their skills and will make them capable of doing something good for themselves as well as for the people around them.
A lot of people with family members of a special child will keep them inside the house because of the fear that their child will be rejected in the society causing them more pain for them to see their family member being feared and being called names out in the streets by insensitive human beings. I can see a lot of difference when it comes to special children living in the first-world-countries. They usually have a good program for children with this kind of disability; they would even have social department visit their houses just to check on these kids, to ensure that they have been given the proper care by the parents. We know how it is in the US as well as other countries that has good budget for this departments that most of the third world countries point out as a reason why they sometimes will not be able to carry out this in their pursuit in helping these special set of people. The government of the 3rd -world-country blames it in their economic situation, but isn't the first-world-counties experiencing crisis as well? We could then conclude that it depends on the want of the government to really focus on this, unless if they find this less seriously as a social matter.
Teachers who specialize in special education program nowadays have a lot of job opportunities abroad because this will give them greener Pasteur. In Asian countries, this Major as a course was not widely known before the 20th century. Now, even the smaller countries in Asia Pacific gives a lot of emphasis in educating their special ones because we are now much open to the idea of giving life to a real life that was once often regarded as useless creatures or pain-in-the-butts for their parents. After all, they did not ask to be born as they are. We all know that there are factors where we blame the mothers for the food they eat, and the things they do when they were pregnant. We also blame the genes for this misfortune. We should keep in mind that these groups of people are alive and they should have the well deserved so-called-LIFE!
Educating them is the best way to make them feel that they belong and a teacher who specializes in this field could help a lot in molding a special child into a great special child when she/he grows up.
Lam Bong is an Author living in Sydney, Australia. He is interested in reading and creating websites. His latest website is about Sydney tutor and finding the best Sydney maths tutor on the web today.
Article Source: http://EzineArticles.com/?expert=Lam_Bong
A lot of people with family members of a special child will keep them inside the house because of the fear that their child will be rejected in the society causing them more pain for them to see their family member being feared and being called names out in the streets by insensitive human beings. I can see a lot of difference when it comes to special children living in the first-world-countries. They usually have a good program for children with this kind of disability; they would even have social department visit their houses just to check on these kids, to ensure that they have been given the proper care by the parents. We know how it is in the US as well as other countries that has good budget for this departments that most of the third world countries point out as a reason why they sometimes will not be able to carry out this in their pursuit in helping these special set of people. The government of the 3rd -world-country blames it in their economic situation, but isn't the first-world-counties experiencing crisis as well? We could then conclude that it depends on the want of the government to really focus on this, unless if they find this less seriously as a social matter.
Teachers who specialize in special education program nowadays have a lot of job opportunities abroad because this will give them greener Pasteur. In Asian countries, this Major as a course was not widely known before the 20th century. Now, even the smaller countries in Asia Pacific gives a lot of emphasis in educating their special ones because we are now much open to the idea of giving life to a real life that was once often regarded as useless creatures or pain-in-the-butts for their parents. After all, they did not ask to be born as they are. We all know that there are factors where we blame the mothers for the food they eat, and the things they do when they were pregnant. We also blame the genes for this misfortune. We should keep in mind that these groups of people are alive and they should have the well deserved so-called-LIFE!
Educating them is the best way to make them feel that they belong and a teacher who specializes in this field could help a lot in molding a special child into a great special child when she/he grows up.
Lam Bong is an Author living in Sydney, Australia. He is interested in reading and creating websites. His latest website is about Sydney tutor and finding the best Sydney maths tutor on the web today.
Article Source: http://EzineArticles.com/?expert=Lam_Bong
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