IEPadvocate4you

ESY - Nancy O'Hara - PEPP Chat 2004

2009-04-23T05:42:00.001-07:00

Nancy O’Hara – GA DOE Compliance Officer

FYI – Additional information on ESY. Also see http://iepadvocate4you.blogspot.com/2005/03/esy-extended-school-year.html

Advocacy & Consulting Services - IEPadvocate4you
Carol Sadler, Special Education Consultant/Advocate
GA Advocacy Office PLSP I Graduate
770-442-8357
1105 Rock Pointe Look
Woodstock, GA 30188
CarolSadler@bellsouth.net
www.IEPadvocate4You.com
http://iepadvocate4you.blogspot.com

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

CONFIDENTIAL AND PRIVILEGED
Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, the GA DOE Parent Mentor program as an invited guest and the special education attorneys that I often work with on educational matters. Please do not forward without my permission.

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

ESY

The following is an informal summary of last Night’s Chat and is paraphrased in some instances.

1/14/04

By Nancy O’hara

As to receiving ESY services under a Title One school. I would tend to say that the tutoring services available through Title 1 will not be called ESY in most systems. However, with the requirement of Title 1, there are likely to be more services than at other times.

Regression is only one criteria IEP teams must consider for ESY. Others things which should be considered are the age of the child, the severity of the child, and the child’s needs. Also consider the transition plan, the progress on the goals and objectives, the regression, all goals and objectives that include academic, behavior, social, communication, motor, vocational, and mobility.

If the child is significantly behind academically then the factors which caused this must be known. ESY is an IEP team decision. Many factors impact the decision of the team. When a child is four years behind ESY should be seriously considered and I would look at it in the light of access to the curriculum.

When a child misses a subject due to scheduling conflicts with resource is it a reasonable request this be made up in ESY? Consider whether or not the provisional ESY gives the student access to the general curriculum with his or her peers. Certainly subjects such as Social Studies should be covered and if it was ignored during the school year it seems a reasonable request for the instruction to occur.

When considering whether ESY is necessary and appropriate, is the IEP team required to take parent observations into consideration as far as how the child did when on much shorter breaks? For example, if a child really had a hard time during a two week break from school and lost some skills can this be partially evidenced by parent's observations and comments?

The IEP team is always to consider parent input and information when making decisions. When considering regression, you also have to consider recoupment and the impact on education.

What happens when a county sets the duration for ESY? A county should consider the individual needs for ESY not a set program. The decision for 4 weeks or one week or every week during summer for ESY should be based on individual student decision.

It is important to have facts and evidence to document why ESY is needed and the frequency you feel is critical and why. Often the system does not have evidence to dispute your preparation. It is important to remember that ESY is a consideration for all students, but it only provided when FAPE cannot be achieved without ESY.

ESY is also extended year which can be summer but it can be to other times when there is a break or even, extended day. Many times when I speak to parents, they are looking for summer programming rather than necessary ESY services and that becomes a different issue.

If the IEP team requires ESY during a month the county’s teachers do not work then it is up to the county to provide. Depending on what was going to be provided, they could contract with someone else , contract with another agency, if the school is not open during the month of July.

the key is what the IEP discussion calls for, how much ESY and how often, these are all IEP decisions, not administrative decisions. The IEP should dictate ESY services.

How do you convince the LEA that they cannot limit ESY to June only. Documentation is important, many times you can be more prepared than the system and then it is hard to disagree. The reason that the you, as the team, determined ESY was necessary could impact how frequently and consistently it is provided. Only providing specific times does not meet GA DOE guideline if that the way for all students who need ESY.

If the school says no for the month of July than you could suggest contracting out with someone else? Yes, if the system cannot provide from their staff, but the IEP says it is needed, they can contract it out at the schools expense but the IEP has to require it.

No category of disability is a guarantee for ESY. The need and the documentation of impact on education are the keys when discussing ESY.

If a child is receiving speech/OT/resource during the regular school year is the school required to give these services during ESY? Not necessarily, it is all dependent on what is needed to provide FAPE. Consideration must be given to the question- Without these services would the child receive FAPE.

More often than not, ESY is only for specific goals or services and not a daily or all day service. Lack of proper data is often part of the problem. A parent should speak to the IEP team on facts rather than emotion.

My LEA is always given a list by the resource teacher about what they think should be worked on, shouldn't the parents have input? The parents should have input about which goals/objectives are the ESY service.

So in presenting parental concerns for ESY a parent should show evidence of each break such as negative impact of readjustment after a break, length of recoupment, significant transition issues, severity of the disability , and other criteria? You also would want to consider how critical the skill is, the need of a skill for the next projected environment, the sudden emergence of skill that has been a long time coming. Documentation example is having a parent-teacher conference after holiday break and noting difficulties returning to school. Emergence of skills- you would consider if the skill that is just emerging is so critical that we need to maintain it through ESY so as not to allow that skill to go away. Several examples of emerging..speech in child who has not talked or learning to lift the spoon to the mouth for a student who has been working on that for several years.

You can also consider the transition plan and is it critical to that plan, what delay or interruption there has been in the school year.

What if a child has missed a lot of days because of illness, could this be important in the decision,. of ESY? Absence is something to be considered, but is not a guarantee of ESY.

If a child has a high IQ but is failing math due to LD can a tutor be requested under ESY services to the IEP team for consideration. I think Extended Services would be appropriate to consider in this situation because the student is not learning the curriculum due to his or her disability.

If LD high school student fails academic subjects but makes “adequate progress” according to school, should ESY be looked at?

ESY could certainly be looked at if a course is failed, and progress is made on goals. However, you also have to look at how or why the student failed, due to his or her disability, due to other factors, failing is not automatic ESY guarantee.

Our son’s new neuropsych, his IQ is going down. He is not retaining what he learns due to his disability. I am hope to continue ESY services. We are not sure he is learning a whole lot according to the test results. What should we do?

Not retaining what is being taught is a cause for concern and should not wait until ESY. If a student is failing to learn, the IEP team should meet to consider further instructional strategies, one of which may be ESY.

If a child is failing a grade because no supplemental aids or services have been provided and IEP is in place but the child is only now being considered for supplementary aids is ESY reasonable to request?

It is hard for me to say definitely because I don’t know all the circumstances why no supplementary aids or services were provided but in general, just because something was recently added to the IEP (like near the end of the year) is not a reason for ESY.

How are supplemental services different from ESY and which fund is used?

It probably all comes out of state funds. Supplemental services are the things needed to assist in the education of students with their nondisabled peers to the maximum extent appropriate. Funds: Systems get federal funds dollars to cover the excess costs of special education, but they also have basic state dollars and local funds. So access to aids and services should not be driven by school budgetary concerns. Funds should not drive services as with the rest of the IEP.

What if it takes until March to get an IEP and your child is determined to be dyslexic during the testing process, would ESY to remediate this be reasonable to request?

Depending on why it took until March to get the services, if the system delayed, then you may want compensatory services more than ESY.

My child was found to have decoding problems and I asked for reading remediation last year in the spring. It has taken this long and still it has not begun due to their need to train a teacher in the method that will be used. So it looks as though his remediation will start late but he needs it and needs intense remediation to catch up as he is 5 grades behind in reading level. Can I ask for ESY for this or is the terminology that should be used in my case “compensatory services”? Can they take place in the summer?

I think it is reasonable to ask based on what you have said. Without knowing all the details, I cannot tell you what the IEP decision will be. Compensatory services come into play when the system has erred rather than the student having needs that are unmet even with the implementation of the IEP.

Terminology may not be as important as understanding that any service can be provided at any time if it is needed to provide the student access to his or her education and FAPE. The important thing is that your child receive the services they need.

When should parents start talking about ESY? ESY is not a summer service but can be at other times. ESY can be brought up at any time during the year, but is required at least once during the year. Often when we wait until late May to talk about ESY and then there is a disagreement with the family and the school it is hard to get the disagreement worked out to provide ESY in the summer. I recommend meeting about ESY earlier and it can be done anytime.

What is your suggestion when systems don’t have the data to deny ESY and the only thing they talk about is regression and never look at other areas yet we know they have to?

One thing you can do is show them the state rule, 160-4-7-09 that lists multiple factors to consider. This rule is the state rule for IEP’s but has information about ESY embedded in it.

This rule can be found on the GA DOE website, the PEPP website

News from Addvance.com

2009-04-13T05:14:00.000-07:00

FYI - Interesting info. Below on Classroom Trauma related to PTSD…..

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

From: Patricia Quinn [mailto:advantagebooksdc@aol.com]
Sent: Wednesday, April 08, 2009 11:27 PM
To: carolsadler@bellsouth.net
Subject: News from Addvance.com

April 2009

ADDvice for ADD- Friendly Living

Greetings!

In this month's Newsletter I want to present two somewhat related and important topics. The first pertains to techniques and tips to help improve focus. The second regards symptoms seen in women with ADHD who in their past experienced problems as a result of their inability to focus and other ADHD symptoms and suffered embarrassments in the classroom. These women continue to suffer symptoms today as a result of these traumas but may be unaware of any connection. I hope these discussions will be both informative and helpful to you or those in your family with ADHD.

Wishing you all a Happy Spring and Holiday Season!

Sincerely,

Pat Quinn

Patricia Quinn
Addvance.com
888-238-8588

Fidget to Focus?

In my many years of working with kids with ADHD I often observed that they seemed to need to move around to keep themselves awake and alert. As soon as you sat them down to read or concentrate, they began to yawn and lost focus easily. Did their hyperactivity actually help kids with ADHD?

Well, today, I have my answer. In a study published in the Journal of Abnormal Child Psychology in December 2008 researchers, Mark Rapport et al, studied the relationship between activity level and working memory. Their conclusion was that moving around may help some kids stay alert and learn. The study compared twelve 8 to 12 year-old boys with ADHD to 11 who have not been diagnosed with ADHD. All children exhibited significantly higher activity rates under all working memory relative to control conditions, and children with ADHD moved significantly more than typically developing children under all conditions. Activity level in all children was associated with central executive but not storage/rehearsal functioning. The researchers hypothesized that the increased activity levels measured in ADHD children may be helping keep them at the level of alertness needed to complete tasks requiring working memory. The researchers suggest that severely limiting this activity could be counterproductive.
They also suggest that stimulant medications may help those with ADHD because they temporarily improve alertness and working memory.

The following article offers some important tips for improving focus. For a more in-depth discussion of this issues or for more tips, I suggest you read, Fidget to Focus by Roland Rotz and Sarah Wright (SEE SIDEBAR). It's a great read!

ADD-Friendly Ways to Improve Your Focus

Whether you are a student or an adult with ADHD, focusing is key to performing well at school or on the job. Everyone with ADHD has the ability to focus. The problem is staying focused, especially when the task is boring or tedious and without a great deal of immediate feedback.

Tips on Staying Focused

1. Ask for something in writing and take notes. Whether in class or at a meeting, ask for something in writing beforehand (a copy of the teacher's class notes or the meeting agenda). With that in front of you, actively jot down notes as the presentation is being made. The act of writing will help you stay focused on what the presenter is saying.

2. Take a good seat. Where you sit is important and that may not always be in the front or close to the speaker. Be sure you sit facing the speaker and away from distracting noises and people.

3. Ask for a review. After an important meeting or class, ask for a brief review of what you have understood were the keys points covered. This is a good time to fill in any gaps that you might have missed when focus lagged and go over time lines for completion of assignments.

4. Avoid fatigue. We all know that it is more difficult to pay attention and stay focused when we are tired. Try to avoid end of the day meetings or taking difficult classes in the late afternoon. Ask for an early morning review or select a schedule where your most difficult classes are in the late morning or early afternoon when you are most alert.

5. Stay active. In addition to taking notes, you might also think about some of the other things you can do to stay focused. Remember, we fidget to stay focused. Holding, feeling, or handling something during a dull or tedious event (For example: playing with hair, clothing, coins, or keys; clicking a pen or mechanical pencil; tapping or drumming fingers; whittling; or knitting) may make focusing easier. Quieter activities might involve chewing gum, sucking on tart candies or altoids or drinking bubbly sodas or seltzer. When using these strategies always be mindful of those around you and ask for permission from the speaker before hand. (For more ideas along these lines, see, Fidget to Focus by Roland Rotz and Sarah Wright. see sidebar)

6. Optimize medication response. Know when your medication is the most effective. Schedule dosing around the times scheduled meetings or difficult classes. Even, better try ask your prescribing physician about the newer long-acting formulations that provide maximum benefit throughout the day and into the evening hours.

7. Choose teachers and supervisors carefully. If it is possible for you to choose a teacher for a certain class or supervisor at work, look for ones that are predictable and well organized themselves. You also want someone who is dynamic (to keep your interest) and presents you with challenges, but also allows flexibility in fulfilling assignments. Also look for someone that announces deadlines well in advance and provides you will regular feedback during meetings and class time.

Shades of Trauma

In this article I would like to present information regarding the long-term fallout that may result from symptoms of lack of focus and distractibility in the classroom. Dr Jane Adellizi has has presented results of her work with women with ADHD and LD in her book, Shades of Trauma, and in a chapter in Gender Issues and ADHD: Research, Diagnosis and Treatment. Clinical experience suggests that AD/HD and Posttraumatic Stress Disorder (PTSD) may be interwoven in complex ways. Research has suggested comorbidity between these two disorders, However, there is also another set of symptoms (Posttraumatic Stress Symptoms PTS) that develop in reaction to trauma in the classroom experienced by students with AD/HD and LD.

Classroom trauma is defined as significantly unpleasant external event or stressor, occurring within the confines of the educational environment, that is a psychological nature. Psychological trauma may leave the student with diminished self-esteem and in a state of fear, humiliation, or learned helplessness to a degree that the student will avoid similar situations in the future. Any situation that is reminiscent of the original classroom trauma is sufficient to resurrect intense feelings that may impede learning and functioning. In order to avoid individuals and situations that were reminiscent of their unpleasant experiences in school. This avoidance pattern may become a driving force in adulthood when these adults are faced with new situations (in the academic arena, in the workplace, or in social interactions) that threaten their sense of competence and integrity.

Treatment of PTSD typically centers around alleviating emotional distress. Anxiety management techniques, including relaxation training, biofeedback, assertiveness training, psychotherapy and hypnosis have been shown to be helpful in treating PTSD. Effective psychotherapy for women with ADHD focuses on emotional issues such as low self-esteem and demoralization. Women with both PTSD and ADHD will benefit little until their PTSD issues have been addressed first.

(Information in this article has been excerpted from Posttraumatic Stress in Women with ADHD by Jane Adelizzi, Ph.D. in Gender Issues and ADHD: Research, Diagnosis, and Treatment (Eds) Patricia O. Quinn, MD and Kathleen G. Nadeau, Ph.D. Advantage Books, 2002.)

Featured Books and Articles

Fidget to Focus CLICK HERE

Shades of Trauma CLICK HERE

FOCUS SERIES

(Downloadable PDFs available immediately on purchase)

Dealing with Stress in Your Life CLICK HERE

Relaxation and Meditation CLICK HERE

Daily Coping Strategies CLICK HERE

Gender Issues and ADHD CLICK HERE

Recommended "Teachers/Administrators" Free Publications

2009-04-13T05:08:00.001-07:00

FYI

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

From: ED Pubs [mailto:edpubs@edpubs.ed.gov]
Sent: Thursday, April 09, 2009 6:00 AM
To: carolsadler@bellsouth.net
Subject: Recommended "Teachers/Administrators" Publications

As a valued ED Pubs (edpubs.ed.gov) customer, we are recommending the following publications--these publications are among our most popular and as always, are available entirely free of charge.

Using Research And Reason
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NICHCY - News You Can Use

2009-04-08T19:23:00.001-07:00

FYI

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

From: The National Dissemination Center for Children with Disabilities (NICHCY) [mailto:nichcymail@aed.ccsend.com] On Behalf Of The National Dissemination Center for Children with Disabilities (NICHCY)
Sent: Wednesday, April 08, 2009 2:42 PM
To: carolsadler@bellsouth.net
Subject: News You Can Use

To view this email as a web page click here.

You're receiving this email because you signed up to receive information updates from The National Dissemination Center for Children with Disabilities (NICHCY).

April 2009

Greetings!

April is upon us, and we sure do hope spring will come with it. From here, we can actually see the end of the academic school year approaching. To help you get ready and get through, NICHCY is pleased to connect you with valuable resources in OSEP's TA&D Network and beyond. You'll find numerous resources on IEP matters (since there will be lots of IEP meetings in the next two months, we suspect) as well as resources to help you and yours make smooth transitions, especially youth with disabilities who are preparing for life after high school.

We hope you find this information useful and valuable. As always, we welcome your feedback. Please feel free to contact us at nichcy@aed.org.

Best wishes for spring!
Your friends at the National Dissemination Center for Children with Disabilities

It All Starts in Families and Communities

Autism Awareness Month.
Now. This April. There are quite a few events and activities planned and many sources of information, including the ones we've listed here:

Autism Society of America
http://www.autism-society.org/site/PageServer?pagename=research_awareness
Autism Speaks
http://www.autismspeaks.org/press/autism_awareness_month.php
Autism Hangout
http://www.autismhangout.com/

Is your child going to repeat a grade in school?

We are coming up on the time when schools advise many parents that their child will be retained in grade because of making insufficient progress. If this sounds familiar, then you may find a new issue of the Wrightslaw newsletter a real tour de force on challenging that decision.
http://www.wrightslaw.com/info/retain.letter.htm

Parents as collaborative leaders.
This new online Parent Leadership Training Curriculum, a joint project of the University of Vermont and the PACER Center, empowers parents of children with disabilities to advocate for change.
http://www.uvm.edu/~pcl/modules.php
.
IEP team meetings: A guide for participation for parents.

http://www.nasponline.org/families/iep.pdf (English)

http://www.nasponline.org/families/iep_sp.pdf (Spanish)

25 parent tips for an effective IEP meeting.

Courtesy of the Matrix Parent Network and Resource Center.
http://www.matrixparents.org/pub/pdf/25IEPTips4.08.pdf (English)

http://www.matrixparents.org/pub/Spanish%20pdf/25consejosdelpadreIEP.pdf (Spanish)

Don't forget NICHCY's All about the IEP pages.

Everything you ever wanted to know about IEPs, suggestions for developing them, the in's-and-out's of IEP meetings, and loads of connections to resources on the crown jewel of special education.

http://www.nichcy.org/EducateChildren/IEP/Pages/default.aspx

And what about your child's placement?
NICHCY recently launched a section of our website focused on all things "placement," especially considering LRE (least restrictive environment) in placement decisions. Find out more about the tools and services available to children to support their placement in the regular educational environment, the first option the IEP team considers and that IDEA strongly prefers.
http://www.nichcy.org/EducateChildren/placement/Pages/default.aspx

Reusing assistive technology.

OSERS is taking the lead on a national level to promote and encourage AT reuse through grants to state agencies, non-profit organizations and other entities to support AT reuse. OSERS also is funding a national coordination center, the Pass It On Center, which encourages people to offer assistive technology devices for donation, for sale or purchase to others who may benefit from using technology unneeded or discarded equipment. Many AT Exchanges are operated through state AT Act Programs and function like a classified advertisement in your local newspaper. Visit this interactive map to identify reuse locations in your state:
http://passitoncenter.org/locations/Search.aspx

The Brain Spot and TBI.

This website is designed for persons with TBI who are learning to use the
Internet or are frustrated by other complicated web sites.
http://www.unc.edu/depts/recreate/spot/frame.html

A new website in Spanish on bipolar disorder and depression.
Courtesy of the Depression and Bipolar Support Alliance!
http://www.dbsalianza.org/

And from NCEO, also something in Spanish.

NCLB e IDEA: Lo que los Padres de Estudiantes con Discapacidades Necesitan Saber y Hacer is the Spanish translation of NCLB and IDEA: What Parents of Students with Disabilities Need to Know and Do.
http://cehd.umn.edu/nceo/OnlinePubs/NCLBeIDEA.pdf

What about that adolescent of yours? Do tell.
The University of Illinois at Chicago is looking for parents and caregivers of children aged 12-18 with special needs to complete a Web-based survey on the lifestyle and environment of adolescents with disabilities. Access the survey at
http://www.healthforyouth.org/ and enter the access code: ECP3.

A Guide to Social Security Benefits and Employment for Young People with Disabilities (2009 Edition).
This booklet from the Institute for Community Inclusion (ICI) provides basic information about Social Security disability and health benefit programs, discusses what happens to Social Security disability and health benefits when a young person goes to work, and explains how to maximize a young person's options when he or she goes to work.
http://www.communityinclusion.org/article.php?article_id=211

Disclosure of disability information at a one-stop career center: Tips and guidelines.

One-Stops Career Centers (One-Stops) were established under the federal Workforce Investment Act to provide a full range of job seeker assistance under one roof. One-Stops are located at a variety of locations in each state, with more than 3,200 centers across the country. More than 13 million people per year use the One-Stop system. Many are people with disabilities. Should they disclose their disability when they use the One-Stop?
http://www.communityinclusion.org/article.php?article_id=269

The Little Ones: Early Intervention/Early Childhood

What the stimulus bill means for those involved in early childhood work.
The Council for Exceptional Children has done us all a favor with its Questions & Answers: How the American Recovery and Reinvestment Act Impacts Special Education and Early Intervention, which summarizes the portions of ARRA that CEC believes will be of particular interest to professionals who work on behalf of
students with disabilities and/or gifts and talents.
http://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/CECPolicyResources/EconomicStimulus/Stimulus_Q_A.htm

More on the the ARRA and early childhood.
NECTAC has reviewed and organized key ARRA resources on its Web site, including links to the law and the official federal site, as well as guidance from the U.S. Department of Education. NECTAC also link to summaries of the early
childhood provisions in the law and analyses and/or recommendations from various organizations on the use of ARRA funds.
http://www.nectac.org/arra.asp

The 2009 Section 619 Profile is out!
Also from NECTAC, the profile updates information provided by state coordinators on state policies, programs, and practices under the Preschool Grants Program (Section 619 of Part B) of IDEA.

http://www.nectac.org/pubs/titlelist.asp#sec619_16

New PEELS report: The Early School Transitions and the Social Behavior of Children with Disabilities.
The National Center for Special Education Research has released the third major report from the Pre-Elementary Education Longitudinal Study (PEELS). This report describes changes in services and eligibility at times of transition, transitions into kindergarten, and social skills and problem behavior of young children with disabilities.
http://www.peels.org/reports.asp

Inclusion.
The 9th National Early Childhood Inclusion Institute will be held July 14-16, 2009 in Chapel Hill, NC. Interested? Find out all at:
http://www.nectac.org/~meetings/inclusionmtg2009/splash.html

Research into early childhood education is afoot.
Funded by IES (Institute of Education Sciences), the National Center for Research on Early Childhood Education focuses on conducting research, disseminating research findings, and carrying out leadership activities aimed at improving the quality of early childhood education across the United States.

www.ncrece.org

Early childhood assessment videos.
The Colorado Department of Education's Results Matter program has developed a series of videos on ways to use observation, documentation, and assessment to inform practice. Titles include but aren't limited to: Linking Documentation and Curriculum; The Essential Role of Observation and Documentation; and Sharing Documentation with Families. Hear practitioners talk about their exemplary practices and also watch them in action. You can view the clips online or download QuickTime versions of the videos to use in educational and professional development activities.
http://www.cde.state.co.us/resultsmatter/RMVideoSeries.htm

And a video on developmentally appropriate practice.
This video, developed by the National Association for the Education of Young Children (NAEYC) is 53 minutes online and demonstrates teachers and children interacting in a classroom, with input from experts on the practices being observed.
http://www.naeyc.org/dap/resources.asp

RTI in preschool.
Roadmap to Pre-K RTI: Applying Response to Intervention in Preschool Settings is a report from the RTI Action Network. It explains how the essential components of RTI (universal screening and progress monitoring with research-based, tiered interventions) can be applied in preschool settings.
http://www.rtinetwork.org/Learn/RTI-in-Pre-Kindergarten

Did you know there was a center on RTI in preschools?
Neither did we. But fortunately there is---the Center for Response to Intervention in Early Childhood. Lots of very interesting info on its site, too.
http://www.crtiec.org/

Schools, K-12

ARRA and the Department of Education.
The Department of Education has created a specific web page on the ARRA (American Recovery Reinvestment Act). Currently, it offers the press release; a more detailed fact sheet; an overview to understand how the funds will impact you, your students, and your school; and links to budget information, including state-by-state allocations for formula-based programs, as well as a brief "video statement" by Secretary Arne Duncan. Additional information on the act will be posted as it becomes available.
http://www.ed.gov/policy/gen/leg/recovery/

2009 Web conference series on positive behavior support.
TASH offers a 6-part series called Positive Behavior Support: Designing and Implementing Effective Support Plans. Schedule: April 15th, 22nd, 29th, May 6th, 13th and 20th. Registration fees apply. Sign up at:
http://www.tash.org/index.html

Reducing behavior problems in the elementary school classroom.
From IES, this practice guide provides information to help elementary school educators as well as school and district
administrators develop and implement effective prevention and intervention strategies that promote positive student behavior.
http://ies.ed.gov/ncee/wwc/pdf/practiceguides/behavior_pg_092308.pdf

PBIS in the classroom.
Universal Positive Behavior Support for the Classroom is now available on PBIS.ORG. The newsletter describes core components and strategies for effective behavior support in a classroom setting.
http://pbis.org/pbis_newsletter/volume_4/issue4.aspx

Preventing mental, emotional, and behavioral disorders among young people.
The National Research Council and Institute of Medicine report that young people experience mental, emotional, and behavioral disorders as commonly as they experience fractured limbs, costing the U.S. an estimated $247 billion annually. The report highlights classroom and other interventions that work.
http://www.nap.edu/catalog.php?record_id=12480

RTI for struggling readers.
Also new from IES, here's Assisting Students Struggling with Reading: Response to Intervention (RtI) and Multi-Tier Intervention in the Primary Grades. Teachers and reading specialists can utilize these strategies to implement RtI and multi-tier intervention methods and frameworks at the classroom or school level. Recommendations cover how to screen students for reading problems, design a multi-tier intervention program, adjust instruction to help struggling readers, and monitor student progress.
http://ies.ed.gov/ncee/wwc/publications/practiceguides/

RTI for principals.
From the National Association of School Psychologists (NASP) Principal Leadership, here's one resource in two parts. Part 1 gives a general explanation of RTI, its importance to secondary school principals, and a description of the components of effective RTI programs. Part 2 discusses tiered interventions including whole-school, small-group, and individual interventions that make RTI initiatives successful. Both parts are available via the Center on Instruction.
http://centeroninstruction.org/resources.cfm?category=specialed&subcategory=&grade_start=&grade_end

Glossary of RTI terms.
Have you ever asked what the difference is between curriculum-based assessment and curriculum-based measurement? Have you heard of standard treatment protocol but are unsure as to what it means? Find these answers and more in this new Glossary of RTI terms from the National Center on Response to Intervention.
http://www.rti4success.org/index.php?option=com_content&task=view&id=1132&Itemid=142

TBI: Identification, assessment, classroom accommodations.
This 17-page publication gives a general overview of how schools can best meet the needs of students with traumatic brain injury.
http://www.mssm.edu/tbicentral/resources/publications/students_with_tbi.shtml

New IDEA requirement: You know that "summary of student achievement" that's due for some students?
IDEA 2004 added a new requirement for school systems with respect to certain students with disabilities who are exiting secondary school with a regular diploma or because of "aging out" of eligibility for FAPE under state law. Now, for each such student, schools must provide a summary of the student's academic achievement and functional performance, including recommendations on how to assist the youth in meeting his or her postsecondary goals. If your school system is wondering how to fulfill this new requirement, here's an example of how one local district is.
http://www.vase.k12.il.us/Forms/SOP.html

And how are states measuring student progress toward IEP goals?
If a student's IEP has no benchmarks or short-term objectives, how is progress toward his or her annual goals measured? This February 2009 brief policy analysis from Project Forum describes the policies and practices that states have instituted to ensure that IEP teams provide for this. The analysis was based on data received from a survey of all states and a follow up interview with three states. Mechanisms to measure student progress on IEP goals across the nation and specific state strategies for tracking this progress are described.
http://projectforum.org/docs/StateTrackingtoMeasureStudentProgressTowardIEPGoals.pdf

FAPE under Section 504.
The U.S. Department of Education provides an overview of Section 504 of the Rehabilitation Act of 1973, which states that school districts are required to provide a "free appropriate public education" (FAPE) to each qualified person with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the person's disability. This ED publication answers three questions about FAPE according to Section 504: (1) Who is entitled to a free appropriate public education? (2) How is an appropriate education defined? and (3) How is a free education defined?
http://www.ed.gov/about/offices/list/ocr/docs/FAPE504.pdf

Study gives edge to 2 math programs.
Two programs for teaching mathematics in the early grades are Math Expressions and Saxon Math. These two have also emerged as winners in early findings released last week from a large-scale federal experiment that pits four popular, and philosophically distinct, math curricula against one another. So reports Education Week, at:
http://www.edweek.org/ew/articles/2009/03/04/23math-2.h28.html

State and System Tools

U.S. Secretary of Education Arne Duncan talks with Education Week.
See the video. In an exclusive interview with Education Week, U.S. Secretary of Education Arne Duncan discussed the
administration's ideas on removing ineffective teachers, implementing performance pay, and holding education schools
accountable for their graduates' performance.
http://www.edweek.org/ew/section/video-galleries/27duncan_interview.html

Determinations of LEA Compliance with IDEA: Strategies and Resources Used by States.
This brief policy analysis presents IDEA 2004 language requiring states to make annual determinations each local education agency. Findings from a survey to which 45 state directors of special education responded are described. Findings include processes states use in making determinations, resources used, enforcement actions taken and benefits and challenges encountered in making determinations. A discussion follows.

http://projectforum.org/docs/DeterminationsofLEACompliancewithIDEA-StrategiesandResourcesUsedbyStates.pdf

Stimulus package to impact education technology.
The ARRA doubles the current federal budget for education technology, allocating $650 million to states for education technology initiatives. Learn about the funding opportunities that are coming your way, as part of Education Week's ongoing analysis of Schools and the Stimulus.
http://www.edweek.org/ew/articles/2009/02/25/22stimtech.h28.html

The NAEP and students with disabilities.
Measuring the Status and Change of NAEP State Inclusion Rates for Students with Disabilities explains that, since the late 1990s, participation rates of students with disabilities in the National Assessment of Educational Progress (NAEP) from different states have fluctuated. To address concerns that these changes may affect the validity of reports on achievement trends, NAEP has instituted policies for providing test accommodations for students with disabilities; developed a methodology to correct for the bias resulting from changing inclusion rates; and implemented procedures to increase the number of students with disabilities who are included as test takers.
http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2009453

How's your state doing on educational technology?
Technology Counts 2009: Breaking Away From Tradition focuses on how online education is expanding opportunities for raising student achievement. You will want to see how your state's use of educational technology compares to the rest
of the country. Use the interactive maps and state data comparison tool to get the benchmarking information you need.
http://www.edweek.org/go/tc09

Guidance from the Department to assist in establishing uniform high school graduation rate.
The U.S. Department of Education has released non-regulatory guidance to implement a uniform and accurate measure of the high school graduation rate that is comparable across states. The non-regulatory guidance provides states, local education agencies, and schools with information about how to implement the uniform graduation rate regulations, including making data public so that educators and parents can compare how students of every race, background and income level are performing.
http://www.ed.gov/policy/elsec/guid/hsgrguidance.pdf

GAO report on young adults with serious mental iIllness and transition.
The transition to adulthood can be difficult for young adults who live with a serious mental illness, such as schizophrenia or bipolar disorder. Due to concerns about young adults with serious mental illness transitioning into adulthood, GAO was asked to provide information on (1) the number of these young adults and their demographic characteristics, (2) the challenges they face, (3) how selected states assist them, and (4) how the federal government supports states in serving these young adults and coordinates programs that can assist them.

Highlights from the report:
http://www.gao.gov/highlights/d08678high.pdf

The full report:
http://www.gao.gov/new.items/d08678.pdf

The ADA Amendments Act of 2008.
The new ADAA became effective on January 1, 2009. While the Equal Employment Opportunity Commission (EEOC) has not yet completed the regulations for the new legislation, the Job Accommodation Network has developed a publication and a resource page featuring information that is currently available about the Act. The new publication is called JAN's
Accommodation and Compliance Series: The ADA Amendments Act of 2008. It will be periodically updated as additional information is made public and can be found at
http://www.jan.wvu.edu/LINKS/adalinks.htm

Scaling up evidence-based practices in education.
The State Implementation of Scaling-up Evidence-based Practices (SISEP) Center and the National Implementation Research Network (NIRN) have recently released the following summary briefs on implementing and scaling up
evidence-based practices in education. Titles include:

Scaling up evidence-based practices in education.
http://www.fpg.unc.edu/~nirn/resources/detail.cfm?resourceID=224
Intensive technical assistance.
http://www.fpg.unc.edu/~nirn/resources/detail.cfm?resourceID=225
Readiness for change.
http://www.fpg.unc.edu/~nirn/resources/detail.cfm?resourceID=226
Implementation: The missing link between research and practice.
http://www.fpg.unc.edu/~nirn/resources/detail.cfm?resourceID=227

Dropout prevention: An IES practice guide.
http://ies.ed.gov/ncee/wwc/pdf/practiceguides/dp_pg_090308.pdf

Special Focus: Transitions

There are many different points in time where transitions occur. Our children exit early intervention (Part C) and move on to preschool (Part B), and on down the line---kindergarten, elementary, middle school, high school, adulthood. Here's a selection of resources along that very continuum.

School transition in your child's future? Tips for a smooth transition.
The March 2009 newsletter from the Matrix Parent Network and Resource Center tackles the issue.

http://www.matrixparents.org/pub/newsletters.htm

Out of early intervention and into preschool.
Check out NICHCY's resource page, if your youngster with disabilities is moving from Part C services to Part B and preschool.
http://www.nichcy.org/babies/TransitionToPreschool/Pages/Default.aspx

Transitioning from elementary school to middle school.
This 2-pager from Matrix will also give you food for thought.

http://www.matrixparents.org/pub/pdf/Transitioning_from_Elementary_to_Middle_School.pdf

Or from middle school to high school.
Another 2-pager from Matrix, to go with our theme of transitions.
http://www.matrixparents.org/pub/pdf/Transition_From_Middle_to_High_School1.pdf

And the BIG transition: From high school to adult life.
http://www.matrixparents.org/pub/pdf/TransitioningFromHighSchooltoAdultLife.pdf

For that adolescent of yours: A Life 4 Me.
This site is for middle school youth with disabilities. The site includes activities and resources directed at futures planning.
http://www.alifeforme.com

In Spanish: Getting ready for postsecondary education?
The U.S. Department of Education offers Preparacion Para La Educacion Postsecundaria Para Los Estudiantes Con Discapacidades: Conozca Sus Derechos Y Responsabilidades (Students With Disabilities Preparing For Postsecondary Education: Know Your Rights and Responsibilities).
http://www.ed.gov/about/offices/list/ocr/transition-sp.html?exp=3

Transition videos for students.
The OSEP-funded NSTTAC focuses exclusively on transition to adulthood. They've just posted three new videos on their home page. The first gives a 16-minute overview of the NSTTAC website. The second and third videos are for students. The second video guides students through the writing of personal post-secondary goals, while the third video gets them acquainted with the Summary of Performance (SOP) now required by IDEA when students with disabilities exit secondary school.
http://www.nsttac.org

Going to college?
Going to College is a new Web site with information about living college life with a disability. It is designed for teens with disabilities and provides video clips, activities, information, and additional resources that can help students get a head start in planning for college.
http://www.going-to-college.org/

Health care for transitioning youth.
As a natural part of growing up, adolescents becoming adults must become responsible for their health care. Taking responsibility for one's own health care, as developmentally able, is part of becoming independent from one's family and finding a place in the adult community. If you're looking for a wealth of resources on making that transition, you will be thrilled at the connections the Association of University Centers on Disabilities (AUCD) has assembled. It's waiting at your fingers, at:
http://www.aucd.org/template/page.cfm?id=618

Directory of projects and centers focusing on transition.
The Federal Interagency Partners in Transition Workgroup has developed "Strengthening Transition Partnerships: Building Federal TA Center Capacity," a directory of federally funded projects and centers focusing on youth transition. The directory includes 15 descriptions detailing the name of the project or center, the funding agency, and the target audience, as well as descriptions of each center's purpose, services provided, and links to center websites and publications. The document is not exhaustive of all transition services extended through federal, state, or local entities. Available in pdf (16 pages).
http://tinyurl.com/d3t6ov

Comments on our newsletter? Suggestions for future topics? Please feel free to contact us at nichcy@aed.org. We're here to help you help children with disabilities.

In This Issue:

It All Starts in Families and Communities

The Little Ones: Early Intervention/ Early Childhood

Schools, K-12

State and System Tools

Special Focus: Transitions

Coming Soon...Very Soon

NICHCY has been working hard to update our publications related to IDEA, and we're in the homestretch, thanks to OSEP's reviewers and our Project Officer, Dr. Judy L. Shanley. Hopefully, in our next month's enewsletter, we'll be linking you to these basics, all new and shiny and accurate:

Categories of Disability under IDEA
Your Child's Evaluation
Questions Often Asked by Parents about Special Education Services

Two new publications will be:

Q&A on IDEA: Purposes and Key Definitions
Q&A on IDEA: Parent Participation

Quick Links:

About The National Dissemination Center

U.S. Office of Special Education Programs (OSEP)

OSEP TA&D Network

Education Talk featuring Carol Sadler

2009-03-18T19:37:00.001-07:00

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FYI – Please join us and listen in! Invite others. You can listen on-line…….:)

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

Education Talk

featuring the educational advocate

Please join us via web stream this Saturday 3/21/09

10AM -12PM

Candid conversation with Carol Sadler, Special Education Consultant/Advocate

Topic the Special Needs Student

www.newsradio1230.com

In Augusta set the dial to AM 1230 to listen via web streamed simply click on listen live

Charlie Weatherly, BJ Freeman - Legal/Expert Fees and Costs - A.A. vs Gwinnett County

2009-03-14T13:09:00.000-07:00

Forwarded with permission.

Every tax payer in GA, and esp. in Gwinnett County should be outraged at this abuse and wasted spending of our tax payer monies. $650,000 spent so far on attorney fees and supposed experts (see below). Gwinnett County tax payers should write and call the Gwinnett County School Board, and insist they settle this matter before additional tax payer monies are spent lining their attorneys pockets. Please distribute this information far and wide. Send to your local media. Gwinnett County school system should spend this money appropriately educating A.A. and other disabled children in the county. What a waste. I’m thoroughly disgusted.

Write to the Governor and your local representatives as well. Forward this information and show how money for our children is being wasted. Ask that they intervene. This at a time when school districts in GA are taking huge budget cuts, laying off teachers and workers, cutting our nursing staff in schools, increasing our class sizes, dismantling programs which have been demonstrated to be effective, etc. It’s just absurd.

In this case, it only took me a couple of hours to review records to determine this child was not in fact mentally retarded, but rather severely language impaired and learning disabled. GCSS had given up on this child, placed her in a mentally retarded class, put her on a functional curriculum learning life skills not academics, and was planning on teaching her to be a cafeteria worker. After testing her and confirming my determinations, the school staff actually apologized to us in a tape recorded meeting. They were regrettably sorry for what they had done to A.A. Then county level school staff got involved and the cover up began.

Imagine, how you would feel if you were a child and you knew you were not mentally retarded…………..

Please help us stop this abuse and make a difference in the lives of these children. Forward this information to your neighbors and other Gwinnett County tax payers and ask they help stop this abuse! DEMAND that your money be spent on the children, not wasted on attorneys……………….. Please flood the phone lines on Monday and next week!

J. Alvin Wilbanks, Superintendant

678-301-6010

http://www.gwinnett.k12.ga.us/gcps-mainweb01.nsf/pages/SuperintendentOffice0~Administration

Gwinnett County Board of Education Members – Call every member!

http://www.gwinnett.k12.ga.us/gcps-mainweb01.nsf/pages/BoardMembers0~BoardofEducation

If I recall correctly, J. Alvin Wilbanks once stated that special education was the Albatross strangling the neck of public education, or something to this effect. $650,000 would go a long way educating a lot of children. As I see it, his decisions like this wasting our tax payer money unnecessarily is the Albatross, not our disabled children.

Sadly and most concerned,

Advocacy & Consulting Services - IEPadvocate4you
Carol Sadler, Special Education Consultant/Advocate
GA Advocacy Office PLSP I Graduate
770-442-8357
1105 Rock Pointe Look
Woodstock, GA 30188
blocked::mailto:CarolSadler@bellsouth.net
www.IEPadvocate4You.com
http://iepadvocate4you.blogspot.com

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

From: GA-ChildrensNetwork@yahoogroups.com [mailto:GA-ChildrensNetwork@yahoogroups.com]
Sent: Friday, March 13, 2009 2:28 PM
To: GA-ChildrensNetwork@yahoogroups.com
Subject: [GA-ChildrensNetwork] Weatherly, BJ Freeman-am pasting this outrageous spending since -Yahoo doesn't store attachment

In the matter of A.A. v. Gwinnett County School District, the attached is a summary of what the district has paid so far. This is the case where the district did not evaluate the child but instead placed her (she is African American) in a program for 12 years for those with mental retardation even though her IQ was tested at age 17 to be a 93. She had severe speech language impairment, and the district discontinued those services in first grade without testing.

What a waste of tax payer money.

The public should know of the travesty to A.A. and the outrageous waste of tax payer money.

Chris

CHRIS E. VANCE, P.C.

Suite 100

2415 Oak Grove Valley Road

Atlanta, Georgia

Tel: (404) 320-6672

Fax: (404) 320-3412

Mobile: (404) 313-3800

Concerns regarding the GA DOE DL Update on Dyslexia - 10/08

2008-10-12T09:02:00.000-07:00

Dear Nancy & Kim,

In reviewing the GA DOE DL Updates for October 2008 regarding Dyslexia, which I included below, I believe there is some very important misinformation reported in this document to GA State's Special Education Directors, which needs to be corrected and clarified immediately so there are no further misunderstandings regarding eligibility requirements.

As you know, I am not an attorney, however in reviewing this information, it is reported in two places (paragraph #2 & #6) that IDEA Eligibility requires a "substantial" impact on a child's education and they must have a "significant" learning difficulty. It is my understanding through my training from the GA Advocacy Office (GAO), Council of Parent & Advocates and Attorneys (COPAA), and Wrightslaw that for IDEA Eligibility under any category of IDEA, including specific learning disability, which the complications of Dyslexia would fall, in fact does not require either significant or substantial impact. Eligibility for IDEA in all eligibility categories, including specific learning disability ONLY requires an "ADVERSE" educational impact. In my opinion, there is both a substantial and significant difference between the use of these two terms, and the actual required term use of ADVERSE impact. The State's eligibility form even lists ADVERSE, and certainly not substantial or significant. The State and school districts simply can not use these terms interchangeably as they certainly do not mean the same thing.

Additionally, the child does not have to be failing to qualify for IDEA. As you both well know, they can have passing grades, yet still have an ADVERSE educational impact. For any child who has Dyslexia that it takes them twice as long to read, sound out words, process phonological sounds and comprehend a reading passage, this IS adverse educational impact. Just because they can have extended time for reading assignments, or spend two to three hours doing homework instead of one hour, does NOT mitigate the adverse educational impact on the child.

This is a very important issue that the GA DOE needs to specifically clarify now, since I believe this misinformation has been distributed to the Spec. Ed. Directors and they will use it to continue to deny eligibility to Dyslexic students who need remediation. The use of those two terms certainly and dangerously disqualifies many children seeking eligibility to IDEA, who are subsequently deemed ineligible and denied very important special education services and supports, including necessary and appropriate scientifically based reading instruction to specifically address the severe deficits of Dyslexia on reading AND writing, and even social interpersonal skills and language.

I have already been in recent IEP meetings in Cherokee, Cobb and Fulton, where when it came time to determine eligibility, the school psychologist looked at the school staff and asked if they felt there was a "significant" or "substantial" educational impact. I have to stop ALL these meetings, and clarify these terms are not required and it is stated clearly on the eligibility form that it only requires an ADVERSE educational impact. The misuse of these two terms confuses the school staff participating in these meetings and making these eligibility decisions, who do not know better. The use of these two terms, significant and substantial are always unnecessarily misleading school staff making these important decisions, even the Administrators are confused. I'm often thanked after these meetings by school staff who appreciate the attempted clarification.

Nancy/Kim, if I am wrong, please show me in writing where IDEA or the State's Special Education Rules and Regulations states that substantial or significant educational impact is required.

**On another related note, the DL updates need to include a section on Eligibility addressing "adverse" impact on education, and also explain what the term "educational" impact consists of. School districts consistently are viewing educational impact as academic and grade impact only, and NOT considering behavioral, emotional, social, and cognitive impact as well. This is all interrelated to the problem address above as well. They are increasingly taking the view if the child has passing grades, they do not qualify for IDEA (special education) services.

I do appreciate that in this update it does clarify that school districts are suppose to recognize, identify and qualify children with Dyslexia. Every client I have with Dyslexia was initially mistakenly told by their school district that they do not recognize the term Dyslexia....................... So thank you for clearing up that aspect.

Respectfully,

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

Georgia Department of Education

DIVISIONS FOR SPECIAL EDUCATION SERVICES and SUPPORTS

OCTOBER 2008 DL UPDATE

Dyslexia: Frequently Asked Questions

1. What is the official definition of dyslexia? "Dyslexia is a specific learning disability that is neurological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge." [International Dyslexia Association (IDA).]

2. Can a child with a diagnosis of dyslexia be determined eligible to receive special education? Yes, the term "dyslexia" is included in the definition of a specific learning disability [34 CFR 300.8.(c)(10).] However, the eligibility team must determine that the dyslexia substantially limits the student's learning and requires specialized instruction that cannot be received in the general education program to determine that the child is a child with a specific learning disability.

3. Is it appropriate for the school system to provide interventions for a child with a diagnosis of dyslexia before making an eligibility determination? Yes, the school system should provide appropriate reading interventions and document the student's response to determine if adequate progress can be made without the provision of specialized instruction.

4. How should the school system respond when a parent provides documentation from a private evaluation that gives a diagnosis of "dyslexia"? The school system should review the documentation, meet and conference with the parent(s) to discuss the student's reading progress, and to determine if there is an educational impact.

5. How should the school system address the determination of educational impact for a child with a diagnosis of dyslexia? The system must document inadequate response to core instruction and subsequent supplemental interventions. An "inadequate response" denotes that the student does not appropriately progress towards benchmarks in order to perform comparable to peers. Please note that this documentation is one part of a comprehensive evaluation.

6. How should I help parents and educators to understand dyslexia? Remember, we recognize basic reading, reading comprehension, and reading fluency under the specific learning disability category. A student diagnosed with dyslexia exhibits difficulty in reading, however, the district must determine if there is a significant learning difficulty that impacts the ability to progress through the curriculum.

Reading Recommendations Handout for P2P

2008-09-10T13:43:00.000-07:00

Advocacy & Consulting Services – IEPadvocate4You

Carol Sadler
1105 Rock Pointe Look

Woodstock, GA 30188

770-442-8357

CarolSadler@bellsouth.net
http://www.iepadvocate4you.com/

"There is nothing more unequal than the equal treatment of unequal people."

---- Thomas Jefferson

Moderator: GA Children’s Network
http://groups.yahoo.com/group/GA-ChildrensNetwork/

___________________________________________________________________

READING RECOMMENDATIONS

9/08 Prepared for Parent to Parent training session on

Scientifically Researched Based Reading Instruction
Advocates Point of View

Important tips to learn about Reading:

(1) Understand the reading process and terms

(2) Learn the IDEA regulations pertaining to reading for proper eligibility

(3) Learn what disabilities impact reading and how

(4) Test students in all areas of suspected reading deficits

(5) Use scientifically proven reading remediation and curriculum

(1) Understand the reading process and terms

Words about Reading
http://www.ecac-parentcenter.org/readingandliteracy/reading.pdf

Reading Components:
http://www.wrightslaw.com/nclb/4defs.reading.htm

(A) phonemic awareness;

(B) phonics;

(D) reading fluency; and

(E) reading comprehension.

1. Reading
The term 'reading' means a complex system of deriving meaning from print that requires all of the following:
(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print.

(B) The ability to decode unfamiliar words.

D) Sufficient background information and vocabulary to foster reading comprehension.

(E) The development of appropriate active strategies to construct meaning from print.

(F) The development and maintenance of a motivation to read.

http://www.nwrel.org/learns/resources/toolkit/NationalReadingPanel_FAQ.pdf
The National Reading Panel: Five Components of Reading Instruction
Frequently Asked Questions

Phonemic Awareness
What is a phoneme?
A phoneme is the smallest unit of sound in a word. For example, the word cat is made up of three phonemes (or three sounds): /c/ /a/ and /t/. The word fish is also made up of three phonemes (or three sounds) even though fish has four letters: /f/ /i/ /sh/.
Test your phoneme knowledge: How many phonemes are in the word school? How many phonemes are in the word family?

What is phonemic awareness?
Phonemic awareness is the knowledge that words are made up of a combination of individual sounds. For example, the word cat is made up of three sounds (phonemes) /c/ /a/ and /t/. When these three sounds are combined fluidly, they make up the word cat. If a child knows that cat, car, and caboose all have the same sound at the beginning of the word, she has phonemic awareness. In other words, she is aware that the /c/ sound
(phoneme) begins each of those three words.
Phonemic awareness is more than recognizing sounds. It also includes the ability to hold on to those sounds, blend them successfully into words, and take them apart again. For example, in addition to the knowledge that the word cat has three separate sounds, phonemic awareness is the ability to blend these three sounds together to form the word cat and, when asked, to identify and separate the sounds within the word.
Do all children need instruction in phonemic awareness?
Some children have a good sense of phonemic awareness, but to differing degrees. It is important to determine the child’s level before beginning instruction. While all reading programs should devote some time to phonemic instruction, phonemic awareness is usually acquired naturally through exposure to print. The NRP found that during the kindergarten year, 18 hours total of phonemic awareness instruction — just 30 minutes a week, six minutes a day — provided maximum advantage.

Phonics
What is phonics?
Phonics is the relationship between a specific letter and its sound, only as it relates to the written word. Phonics is used, for example, when a reader comes across an unknown word. With knowledge of phonics, he can try to read the word by focusing on the specific sound of each letter or combination of letters. For example, if a child does not recognize the word chant, he might break the word apart into pieces, such as /ch/ /a/ /n/ /t/ (or /ch/
/a/ /nt/, or /ch/ /ant/), assigning an appropriate sound to each separate letter or combination of letters. Then, the child combines those sounds to create the word chant.
Phonics is also used in writing, or encoding text. For instance, if a child is trying to spell smart, she might begin with the /s/ sound and write s. Then, she goes to the next sound /m/ and writes m, and so on. An early phonics learner often achieves a close approximation of correct spelling rather than complete accuracy. For example, she may attempt to spell the word smart using the method above but end up with smrt, simply because she only heard the dominant /r/ sound in the /ar/ sound-letter combination.
What is phonological awareness?
Phonological awareness is the knowledge that there are patterns within words that can aid in both reading and writing. For example, those who have good phonological awareness can use rhyme, beginning and ending sounds, specific phonemes, etc. to read and write words.
Does learning phonics inhibit reading comprehension?
No. If a child learns to identify the relationship between the sounds of our language and letters, he will have an easier time identifying words, leading to improved reading comprehension. Failure to master phonics is the number one reason that children have difficulty learning to read.
However, phonics instruction does have limitations, especially since English does not have a pure phonetic base. The most obvious example of this is sounding out the words cough, though, tough, and through. A successful reading program should include both explicit phonics instruction and comprehension instruction. One without the other can delay or impede success in learning how to read.
How important is phonics instruction?
According to the NRP, systematic phonics instruction is only one component of the reading process — a means to an end. Children need to be able to blend sounds together to decode words, and they need to break spoken words into their basic sounds in order to write them. However, phonics should never become the overriding component in any reading program.

Fluency
What is fluency?
Fluency is the ability to read text accurately and smoothly. When fluent readers read aloud, their expression, intonation, and pacing sound natural — much like speaking. This does not mean that fluent readers never make mistakes. Fluency develops from reading practice. The same reader may read a familiar text fluently and a new, more challenging text less fluently.
Why is fluency important?
Since fluency depends on higher word recognition skills, it helps children move from decoding words to sight-reading. This means that less energy is spent on deciphering each word and more is spent on comprehending what is read. If children are struggling to decode individual words, they cannot concentrate on other strategies that support their overall understanding of what they read.
How does fluency increase?
Practice, practice, practice. Repeated oral reading is the best way for children to improve their fluency. This can include re-reading a familiar text several times, listening to models of fluent reading, or engaging in choral, or unison reading with a big book.
Choose books that children can read with a high degree of success. If the book is too difficult, children will be bogged down with vocabulary and comprehension questions and their fluency will be hindered.

Vocabulary
What role does vocabulary play in learning to read?
When children learn to read, they begin to understand that the words on the page correspond to the words they encounter every day in spoken English. That’s why it’s much easier for children to make sense of written words that are already part of their oral language. While we don’t have to know every word on the page to understand what we are reading, too many new or difficult words make comprehension impossible. As children’s reading level improves, so does the number of words they need to know.
How do children learn new words?
Children increase their vocabulary through both direct and indirect instruction. Children continually learn new words indirectly through listening and speaking to the people around them, being read to by others, and reading on their own. Sometimes children need to be taught new words explicitly, especially when they are crucial to their understanding of a story or concept. Study in content areas, such as science and social studies, adds to a
child’s vocabulary development.

Text Comprehension
What is text comprehension?
Text comprehension is the interaction that happens between reader and text. More than merely decoding words on a page, comprehension is the intentional thinking process that occurs as we read — it’s what reading is all about!
What strategies support comprehension?
Good readers are purposeful and active. They use a wide variety of strategies, often simultaneously, to create meaning from text. Some of the most important are:
• Monitoring comprehension: Successful readers know when they understand a passage and when they don’t. When they don’t understand, they know to pause and utilize strategies to improve their understanding.
• Using prior knowledge: Thinking about what is already known about the subject helps readers make connections between the story and their knowledge.
• Making predictions: Good readers often make predictions as they read through a story, using both the knowledge they bring to a text as well as what they can derive from the text.
• Questioning: When children ask questions about what they read and subsequently search for answers, they are interacting with the text to construct meaning. Good questions are based on a child’s knowledge base and what further information she desires.
• Recognizing story structure: Children will understand a story better if they understand how it is organized (i.e., setting, plot, characters, and themes).
• Summarizing: When they summarize a story, readers determine the main idea and important information and use their own words to demonstrate a real understanding of the text.
When does comprehension instruction begin?
Since the ultimate goal of reading is to interact with the text, comprehension should be emphasized from the very beginning, not only after a child has mastered decoding skills.
For example, reading aloud provides an opportunity for children to hear a story and respond to the content — the characters, their feelings and motivations, and the setting, and to relate it to their own experiences. Children begin from an early point to understand that comprehension is the point of reading.

Other Questions
Is there a sequence to teaching the five components?
No. Reading or learning how to read is a combination of all the skills mentioned in the report. The interconnectedness of each of the five components makes it impossible to teach them in isolation or in a particular order. It is more important to use the individual child’s knowledge and stage of development as a starting point for instruction. However, since there is a constant give and take among the components, one will sometimes be emphasized over another.
Is it still important for children to read and discuss excellent literature?
Absolutely. The NRP report states that “quality literature helps students to build a sense of story and to develop vocabulary and comprehension.” Tutoring activities that focus on comprehension as their ultimate goal lead to increased student interest and motivation.
Discussions based on excellent literature do two things: (1) allow for a more interesting/relevant discussion; and, (2) deepen a child’s basic comprehension. By engaging in a discussion around a text, the reader is exposed to multiple views of interpretation and is forced to create a deeper personal connection with the text.
What role does writing play in a literacy program?
Writing is an important part of the literacy process. As children discover writing as a form of communication, they will begin to express themselves to the best of their ability. At first this may be scribbles, which then become letters, which eventually resemble more and more the accurate symbols for the sounds represented. This process allows children to explore the spelling system of our language.
Reading and writing have a reciprocal relationship — one is used to learn and enrich the other and vice versa. As a writer, the reader has a more intimate knowledge of the writing process, allowing her to have a greater connection to another author’s text.
Writing also supports reading comprehension and recall. When a student writes about something he has read, he must take time to reflect and organize his thoughts. The literature children read influences their writing. A child will use his writing as a place to try out styles, language, new words and even spellings he has come across in reading. To be literate requires proficiency in both reading and writing.
Can reading sub-skills be taught in isolation and then transferred to authentic text to improve comprehension?
In an ideal world, the answer would be yes. Unfortunately (or fortunately) that is not the case. Remember that each sub-skill really relies on other sub-skills. Reading is a combination of many sub-skills combined to achieve the common goal of comprehension. Teaching reading sub-skills in an authentic setting ensures that there is
never a moment when comprehension is not a factor.
What is authentic text?
Authentic texts are texts that one might encounter in a typical reading situation, such as a book, magazine article, or newspaper. In good reading instruction, authentic texts are used to teach specific skills. For example, one might use a picture book to practice vocabulary — allowing the child to see and understand new vocabulary in its natural context. This way, the reader learns specific literacy skills in a meaningful and motivating context that demonstrates how such skills are actually applied.
What constitutes an integrated reading program?
The NRP states that a program that overemphasizes phonics instruction is less effective in teaching a child to read than a program that integrates a systematic phonics program with other reading instruction (e.g., phonemic awareness, fluency, text comprehension).
This underscores the importance of using phonics instruction as a means to an end — to advance oral reading and reading comprehension.

National Reading Panel - Teaching Children to Read
http://www.nichd.nih.gov/publications/nrp/smallbook.cfm

(2) Learn the IDEA regulations pertaining to reading for proper eligibility

**Eligibility drives services, goals, objectives, placement and the use of scientifically research based curriculum…………………….

**Note - the term Dyslexia is used in the regulations below. Schools have an obligation to identify Dyslexia!

GA Special Education Rules and Regulations
http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.05.pdf

160-4-7-.05 ELIGIBILITY DETERMINATION AND CATEGORIES OF ELIGIBILITY

Appendix (i): SPECIFIC LEARNING DISABILITIES (SLD).
Definition
(1) Specific learning disability is defined as a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not apply to children who have learning problems that are primarily the result of visual, hearing or motor disabilities, intellectual disabilities, emotional or behavioral disorders, environmental, cultural or economic disadvantage.
[34 C.F.R. §300.8(c)(10)]
(2) The child with a specific learning disability has one or more serious academic deficiencies and does not achieve adequately according to age to meet grade level standards. These achievement deficiencies must be directly related to a pervasive processing deficit and to the child’s response to scientific, research-based interventions. The nature of the deficit(s) is such that classroom performance is not correctable without specialized techniques that are fundamentally different from those available in the general education classroom, basic remedial/tutorial approaches, or other compensatory programs. This is clearly documented by the child’s response to instruction as demonstrated by a review of the progress monitoring available in general education and Student Support Team (SST) intervention plans as supported by work samples and classroom observations. The child's need for academic support alone is not sufficient for eligibility and does not override the other established requirements for determining eligibility.
Exclusionary Factors
(1) A child must not be determined to be a child with a specific learning disability if the determinant factor for that determination is:
a. Lack of appropriate instruction in reading, to include the essential
components of reading instruction (phonemic awareness, phonics, fluency, vocabulary, and comprehension);
b. Lack of appropriate instruction in math;
c. Lack of appropriate instruction in writing;
d. Limited English proficiency;
e. Visual, hearing or motor disability;
f. Intellectual disabilities;
g. Emotional disturbances;
h. Cultural factors;
i. Environmental or economic disadvantage; or
j. Atypical educational history (such as irregular school attendance or attendance at multiple schools)
[See 34 C.F.R. § 300.309(a)(3)]

Required Data Collection
(1) In order to determine the existence of Specific Learning Disability, the group must summarize the multiple sources of evidence to conclude that the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade level standards and intellectual development. Ultimately, specific learning disability is determined through professional judgment using multiple supporting evidences that must include:
(a) Data is collected and considered prior to conducting a formal evaluation for special education:
(i) At least two current (within twelve months) assessments such as the results of the CRCT, norm-referenced achievement tests or benchmarks indicating performance that does not meet expectations for grade level standards;
(ii) Information from the teacher related to routine classroom instruction and
monitoring of the child’s performance. The report must document the child’s academic performance and behavior in the areas of difficulty.
(b) Supplementary instruction is provided:
(i) that lasts for a minimum of 12 weeks;
(ii) At least four data collections of progress monitoring occur during the twelve weeks;
(iii) the strategies used and the progress monitoring results are presented to the parents at regular intervals
(c) Any educationally relevant medical findings that would impact achievement.
(2) After consent is received from the parents for a comprehensive evaluation for special education determination the following must occur:
a. An observation by a required group member;
b. Documentation that the determination is not primarily due to any of the exclusionary factors;
c. Current analyzed classroom work samples indicating below level performance as
compared to the classroom normative sample; and
d. Documentation of a pattern of strength and weaknesses in performance and/or
achievement in relation to age and grade level standards must include:
(i) A comprehensive assessment of intellectual development designed to assess
specific measures of processing skills that may contribute to the area of academic weakness. This assessment must be current for the academic school year and
(ii) The current school year’s Response to Intervention data based documentation required prior to referral indicating the lack of progress toward the attainment of grade level standards.
(iii) As appropriate, a language assessment as part of additional processing batteries may be included.

Eligibility Determination
(1) The child who is eligible for services under the category of specific learning
disability must exhibit the following characteristics: a primary deficit in basic psychological processes and secondary underachievement in one or more of the eight areas along with documentation of the lack of response to instructional intervention as supported by on-going progress monitoring.
(2) Deficits in basic psychological processes typically include problems in attending, discrimination/perception, organization, short-term memory, long-term memory, conceptualization/reasoning, executive functioning, processing speed, and phonological deficits. Once a deficit in basic psychological processes is documented, there shall be evidence that the processing deficit has impaired the child's mastery of the academic tasks required in the regular curriculum. Though there may exist a pattern of strengths and weaknesses, evidence must be included documenting that the processing deficits are relevant to the child’s academic underachievement as determined by appropriate assessments that are provided to the child in his/her native language. Though a child may be performing below age or state approved grade level standards, the results of progress monitoring must indicate that the child is not making the expected progress toward established benchmarks. This is indicated by comparing the child’s rate of progress toward attainment of grade level standards.
(3) Underachievement exists when the child exhibits a pattern of strengths and weakness in performance, achievement, or both, relative to age, state-approved grade level standards and intellectual development and when a child does not achieve adequately toward attainment of grade level standards in one or more of the following areas:
(a) Oral expression- use of spoken language to communicate ideas;
(b) Listening comprehension-ability to understand spoken language at a level commensurate with the child’s age and ability levels;
(c) Written expression - ability to communicate ideas effectively in writing with appropriate language;
(d) Basic reading skills-ability to use sound/symbol associations to learn phonics in order to comprehend the text;
(e) Reading comprehension-ability to understand the meaning of written language based in child’s native language;
(f) Reading Fluency Skills- the ability to read and process a text with appropriate rate and accuracy;
(g) Mathematics calculation-ability to process numerical symbols to derive
results, including, but not limited to, spatial awareness of symbol placement and choice of sequence algorithms for operations required; and
(h) Mathematical problem solving -ability to understand logical relationships between mathematical concepts and operations, including, but not limited to, correct sequencing and spatial/symbolic representation.

(3) Learn what disabilities impact reading and how

Different disabilities impact reading in different ways. You can research various disorders through google to find what impact they may have on reading.

For example, AD/HD can make a reader impulsive and cause them to rush through their reading. They may read, and before they are finished due to not sustaining attention, forget what they have read, causing difficulty in comprehension. They are also 50% likely to have a co-morbid specific reading disability.

Research: AD/HD, Executive Function Disorder, Autism, Anxiety, Bipolar, Dyslexia, Dysgraphia, Learning Disabilities, Auditory Processing, Visual Processing, Language Processing, Orthographic Processing, Apraxia, Receptive and Expressive Language Disorders, Speech Disorders, Mental Retardation, Tourettes, etc.

Some helpful links:

http://www.ldonline.org/article/6390 Visual & Auditory Processing
http://www.ldonline.org/article/16282 Dyslexia Basics
http://www.ldonline.org/ldbasics/signs Common Signs of Learning Disabilities
http://www.ldonline.org/article/16285 Auditory Processing & Dyslexia
http://www.autism-help.org/comorbid-dyslexia-autism.htm Autism & Dyslexia
http://eric.ed.gov/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=ED475980&ERICExtSearch_SearchType_0=no&accno=ED475980 MR & Reading
http://www.ldanatl.org/aboutld/parents/ld_basics/ld.asp Learning Disability Basics
http://209.85.215.104/search?q=cache:g56ul8Ndt60J:www.fldoe.org/ese/pdf/y2001-9.pdf+TAPS+Test+of+Auditory+Processing&hl=en&ct=clnk&cd=5&gl=us Auditory Processing Disorders
http://findarticles.com/p/articles/mi_qa3809/is_200101/ai_n8931640 Phonological & Orthographic Processing
http://online.edfac.unimelb.edu.au/selage/pub/readings/literacyld/AREA_Explain_devel_dyslex_94.pdf Dyslexia & Orthographic Processing
http://74.125.45.104/search?q=cache:T8uGLZ29z80J:www.psy.uq.edu.au/~jsb/jrir_burt_ops.pdf+Orthographic+processing&hl=en&ct=clnk&cd=3&gl=us Orthographic Processing
http://www.interdys.org/ewebeditpro5/upload/ADHD_and_Dyslexia_Fact_Sheet_4-17-08.pdf AD/HD & Dyslexia
http://www.interdys.org/ewebeditpro5/upload/Dyslexia_and_Related_Disorders(1).pdf Dyslexia & Related Disorders
http://www.asha.org/public/speech/disorders/LBLD.htm Language Based Learning Disabilities
http://www.asha.org/public/speech/disorders/SpeechSoundDisorders.htm Articulation & Phonological Processes
http://www.capdtest.com/capd.cfm Central Auditory Processing Disorder
http://209.85.165.104/search?q=cache:dA_nvKPaF2QJ:www.sess.ie/sess/Files/Tourette%2520Syndrome.doc+Tourettes+%26+Reading&hl=en&ct=clnk&cd=19&gl=us Tics, Tourettes & Reading
http://www.ncld.org/content/view/865/391/ Executive Function

(4) Test students in all areas of suspected reading deficits

Typically for students who present with reading problems, I recommend administering the following tests (and this can depend on the age of the child, how the reading deficits present, and what other disorders the student may have).

Standardized Tests
GORT (Gray Oral Reading Test)-4
CTOPP (Comprehensive Test of Phonological Processing)
DIBELS (Dynamic Indicators of Basic Early Literacy Skills_
TAPS (Test of Auditory Perceptual Skills) or SCAN (Screener for Central Auditory Processing)
2 Achievement Batteries
WRMT-R (Woodcock Reading Mastery Test-Revised) and K-TEA (Kaufman Test of Educational Achievement

Also, when suspect Dyslexia specifically, include achievement batteries for spelling & writing

Informal Assessments
Schools should always also perform some informal assessment measures. Ask what the schools use, and be sure to get those results as well.

Some informal measures may include a STAR, CCC, DOLCH WORDS, IRI (Informal Reading Inventory), Reading Rockets, Reading Fluency and Comprehension Tests

Speech & Language Evaluation
Since many students who have reading difficulty also have co-morbid and overlapping language disorders, it is best to also request a full and comprehensive language evaluation.

Helpful Links:

Reading Tests: What They Measure, and Don't Measure
http://www.wrightslaw.com/info/test.read.farrall.htm

Doing Your Homework – List of links regarding reading
http://www.wrightslaw.com/heath/dyh.index.htm

Evaluation – What does it mean for your child?
http://www.ldanatl.org/aboutld/parents/assessment/evaluation.asp

Testing & Evaluations - Dyslexia
http://www.interdys.org/ewebeditpro5/upload/Testing_Fact_Sheet_3-06-08.pdf

(5) Use scientifically proven reading remediation and curriculum

Schools typically use a hodge-podge of reading interventions to remediate reading. Parents need to know and specifically ask in IEP meetings what reading curriculum is being used. They need to research the school’s available curriculum to ensure that it specifically remediates the reading deficits identified in their children’s evaluations and write goals and objectives accordingly.

Links to reading programs and curriculum:

**Florida Center for Reading Research
Lists every reading program
Links to individual reading program site
Links to FCRR report on each reading program
Provides summary table for all reading programs
http://www.fcrr.org/FCRRReports/reportslist.htm

Multisensory Structured Language Programs
http://www.ldonline.org/article/6332

Researched Based Instruction
http://www.wrightslaw.com/nclb/rbi.htm#rbi

Reading Research & Reports
http://www.readingrockets.org/research

A few Individual Reading Programs:
(can access entire list on FCRR website above)

Lindamood-Bell – 3 reading programs http://www.lindamoodbell.com/
LiPS – decoding, spelling, pronunciation
http://www.lindamoodbell.com/programs/lips.html
Seeing Stars – phonemic awareness, sight words, spelling
http://www.lindamoodbell.com/programs/symbol-imagery.html
Visualizing & Verbalizing – language comprehension, reading comprehension, thinking, critical thinking
http://www.lindamoodbell.com/programs/concept-imagery.html

**Lindamood-Bell is the only program I know that can remediate reading in a few months vs. years. Based on intensity and changes the brain. My own daughter made 21/2 years progress in reading in 12 weeks. Also made 2-4 years progress across the board in various areas of reading, spelling, writing and math.

Fast ForWord - http://www.scilearn.com/ The Fast ForWord program develops and strengthens memory, attention, processing rate, and sequencing—the cognitive skills essential for learning and reading success. The strengthening of these skills results in a wide range of improved critical language and reading skills such as phonological awareness, phonemic awareness, fluency, vocabulary, comprehension, decoding, working memory, syntax, grammar, and other skills necessary to learn how to read or to become a better reader.

Earobics - http://www.earobics.com/ Earobics builds individualized reading instruction in all of the critical areas identified by the National Reading Panel

Wilson Reading System
http://www.wilsonlanguage.com/
http://en.wikipedia.org/wiki/Wilson_reading_system
http://www.fcrr.org/FCRRReports/PDF/wilson.pdf

Fundations
http://www.fundations.com/

Language!
http://www.language-usa.net/
http://www.fcrr.org/FCRRReports/PDF/Language.pdf

Read Naturally
http://www.readnaturally.com/

Read 180
http://www.fcrr.org/FCRRReports/PDF/Read180final.pdf

Orton-Gillingham
http://www.ortonacademy.org/

Herman Reading Method
https://store.cambiumlearning.com/Resources/WhitePapersArticles/pdf/sw_WPArticle_HermanMethod_02.pdf
Slingerland
http://www.slingerland.org/

SRA Corrective Reading
While this program is on the approved reading list, and many schools use it exclusively, it was not designed to remediate reading in children who have reading disabilities, esp. those who are Dyslexic. Call the publisher, they will send you the information on this. I do not recommend this program. Typically schools use this in EIP (Early Intervention), and if your child has not already been making progress, they are not likely to………………..

Reading Recovery
Not successful with targeted student population - See Pete Wrights comments in this article below.

Interesting article by AJC with Pete Wright – mentions Reading Recovery
http://www.wrightslaw.com/news/06/wright.teaching.disabled.htm

NYTimes.com: Writing Off Disabled Children

2008-08-09T12:07:00.000-07:00

FYI
Advocacy & Consulting Services - IEPadvocate4you
Carol Sadler, Special Education Consultant/Advocate
GA Advocacy Office PLSP I Graduate
770-442-8357
1105 Rock Pointe Look Woodstock, GA 30188
CarolSadler@bellsouth.net
www.IEPadvocate4You.com
http://iepadvocate4you.blogspot.com

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

CONFIDENTIAL AND PRIVILEGED Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, the GA DOE Parent Mentor program as an invited guest and the special education attorneys that I often work with on educational matters. Please do not forward without my permission.

Date: Sat, 9 Aug 2008 18:42:22 +0000

OPINION August 9, 2008 Editorial: Writing Off Disabled Children In Texas and throughout the country, disabled children should be given the school services they are entitled to under federal law.

Alert! Appeals Court Upholds Four Years of Compensatory Ed - Draper vs Atlanta Public Schools

2008-03-18T04:34:00.001-07:00

FYI - Important case and award here in Atlanta for all children with Dyslexia who are not identified and remediated in our public school systems! Have a similar case in Gwinnett that has been turned over to attorneys as well. Perhaps when parents begin winning these large settlements for school districts harming their children, not teaching them to read, misdiagnosing as mentally retarded when they are severely language impaired and learning disabled, they will begin to implement truly scientific based remedial reading programs we have long been advocating for in our State!

Additional links to info on Draper vs Atlanta Public School System

http://www.bridges4kids.org/articles/3-07/AJC3-23-07.html

http://www.wsbtv.com/news/7041095/detail.html?subid=22105243&qs=1;bp=t

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

http://www.ajc.com/metro/content/metro/atlanta/stories/2008/03/10/misdiagnosed_0311.html

Court rules in favor of student misdiagnosed as mentally disabled

By DORIE TURNER
Associated Press
Published on: 03/10/08

A federal appeals court has upheld a ruling that Atlanta Public Schools pay up to $152,000 to send a student long misdiagnosed as mentally disabled to a private school.

The 11th U.S. Circuit Court of Appeals ruled last week that the school system pay for Jarron Draper, now 21, to attend a school specializing in developmental disabilities for up to four years.

Draper was misdiagnosed with mental retardation by the school system in 1998, according to court records. His family fought for five years to have him retested. In 2003, an independent analysis showed he actually has dyslexia, a learning disability, but Draper's attorneys say the school system was slow to remove him from the restrictive class for mentally disabled students even after the new diagnosis.

"We're elated," said Draper's attorney David Monde about the appeals court decision. "What it means for him is that he is assured of having four years of private school education ... to try to compensate for the years of educational neglect that he suffered at hands of Atlanta Public Schools."

Atlanta Public Schools spokesman Joe Manguno issued a statement from administrators later that said the system "serves thousands of special education children every day, and every one of them is important to us.

"We acted in what we believe was the best interest of this student and his family, and will continue to do so. Furthermore, we fully intend to abide by the rulings of the courts," the statement said.

Draper, who was reading at a fourth-grade level when he was 17, has been moving from one minimum-wage job to another since he left Benjamin E. Mays High School three years ago, Monde said. Draper wants to finish high school and go on to college to study computer services, Monde said.

He plans to attend The Cottage School, a suburban Atlanta campus devoted to serving special-needs students, Monde said.

The appeals court's ruling affirms an order from U.S. District Court Judge Martin Shoob issued a year ago. In his court order, Shoob agreed with an administrative judge who had found in favor of Draper, saying it is "incredulous that anyone, let alone supposedly trained professionals, could have deemed JD mentally retarded as late as 2003."

A state law passed last year gives Georgia parents the option to apply for state-funded vouchers to send their children with mental, emotional or physical disabilities to private schools. The vouchers can be worth between $2,000 and $15,000 annually, depending on the child's disability.

Draper would not qualified for that assistance because he was not enrolled in a Georgia public school last year.

Subject: FW: Alert! Appeals Court Upholds Four Years of Compensatory Ed

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	Alert! Appeals Court Upholds Award of Four Years of Compensatory Ed

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March 10, 2008

ISSN: 1538-3202

Issue: 426
Subscribers: 58,760

In This Issue:

Prospective Compensatory Ed in a Private School

"Poor Man's Burlington Remedy" by Steve Wyner, Esq.

What is the Significance of Draper?

"A Lesser Spirit Would Have Been Crushed Years Ago"

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On March 20, 2007, the District Court of Georgia ordered the Atlanta Independent School System to pay Jarron Draper's tuition at a private special education school for four years, or until he graduated with a diploma from high school, as prospective compensatory education for their persistent failure to educate him.

The Judge ruled that "Compensatory awards should compensate, and this means that they must do more than provide 'some benefit' as required by ordinary IEPs ..." Decision

The Atlanta Independent School System and Jarron appealed to the U.S. Court of Appeals for the Eleventh Circuit to resolve different legal issues.

On March 6, 2008, the Court of Appeals unanimously upheld the decision of the District Court in Jarron Draper v. Atlanta Independent School System (11th Cir. 2008).

This Alert describes the case and how it will help other families and their attorneys negotiate better settlements with school districts. The Alert includes additional information about Jarron and the legal issues in these decisions.

Don't hesitate to forward this Alert to other families, friends, and colleagues.

Prospective Compensatory Ed in a Private School

In Jarron Draper v. Atlanta Independent School District (N.D. GA 2007), the District Court held that:

"Compensatory education involves discretionary, prospective, injunctive relief crafted by a court to remedy what might be termed an educational deficit created by an educational agency's failure over a given period of time to provide a FAPE to a student ...

"Compensatory awards should compensate, and this means that they must do more than provide 'some benefit' as required by ordinary IEPs ... compensatory education is necessary to preserve a handicapped child's right to a free education."

The U. S. Court of Appeals for the Eleventh Circuit upheld the District Court's award of compensatory education that required the school system to pay prospective educational services provided by a private school. The Court specifically rejected the notion that the student had to prove that the public school system was incapable of providing the compensatory education.

The Court relied on the Supreme Court decisions in Sch. Comm. of Burlington v. Dep't of Educ., 471 U.S. 359, 105 S.Ct. 1996 (1985) and Florence County Sch. Dist. Four v. Carter ex rel. Carter, 510 U.S. 7, 114 S.Ct. (1993), which held that school districts are required to reimburse parents for the costs of private placements in nonpublic schools when the public school failed to provide the child with an appropriate education.

Relying on these decisions, the Court reasoned that the District Court had the authority to require a public school to pay the cost of prospective compensatory education that would be provided by a private school.

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"Poor Man's Burlington Remedy"

The harsh reality is that most families cannot afford to remove their child from an inappropriate public school program and pay tuition for a private placement, while also incurring the expenses of a due process hearing and subsequent litigation.

In Draper, the 11th Circuit fashioned a "poor man's Burlington remedy" for these families:

"The Act does not relegate families who lack the resources to place their children unilaterally in private schools to shouldering the burden of proving that the public school cannot adequately educate their child before those parents can obtain a placement in a private school. The Act instead empowers the district court to use broad discretion to fashion appropriate relief."

Read more in Poor Man's Burlington Remedy by Steve Wyner, one of Jarron's attorneys.

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What is the Significance of Draper?

In an interview with Steve Wyner, we asked what he saw as the significance of the case. He mentioned three issues.

Tool to Negotiate for Quality Compensatory Services

He said, "this decision should help special needs families and their counsel in negotiating settlements that provide quality educational remediation when their child has been denied a free appropriate public education (FAPE)."

Accordiing to Wyner, "When the school system fails to provide FAPE, the family can and should ask for compensatory education from a non public agency or school."

"Public schools often offer to provide compensatory education in the form of supplemental educational services provided by their staff. Since the public school failed to provide FAPE previously, compensatory educational services provided in the future (prospectively) by school district staff is generally an ineffective remedy. The same teachers who previously failed to educate the child would be responsible for remediating their past failures."

Compensatory Education Requires More

"While the Supreme Court decision in Rowley requires school districts to provide special needs students with a "basic floor of opportunity" that provides "some educational benefit," the 11th Circuit held that compensatory awards must do more, and "should place children in the position that they would have been in but for the violation of the Act."

Simple Themes Win Cases: Teaching Children to Read

Simple themes win cases. In Jarron's case, the themes included the following: the school system failed to appropriately evaluate him, misdiagnosed him as mentally retarded when he had dyslexia, and failed to teach him to read.

If schools don't teach children the basic skills of reading, writing and math, these children will never have an opportunity to become productive, self sufficient members of society, which is the purpose of the IDEA.

Read the decisions from the U. S. District Court and the U. S. Court of Appeals for the Eleventh Circuit. You will see this theme repeated over and over - that Jarron's reading skills were at the 3rd grade level, year after year after year, until he finally left school.

Read Steve Wyner's analysis of the significance of the case and how it may benefit you.

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"A Lesser Spirit Would Have Been Crushed Years Ago"

A Lesser Spirit Would Have Been Crushed Years Ago is a more personal "inside story" of Jarron Draper's case.

When the Judge issued the favorable decision in 2007, Jarron was 20 years old. He couldn't read, earn a high school diploma, or fulfill his dream of attending college. He was stocking shelves at Target and working as a security guard.

In A Lesser Spirit, you'll learn about the battles his family fought, how school employees failed to fulfill their responsibilities, and who stepped up to the plate to represent him in the due process hearing.

You'll learn about legal issues - burden of proof, statute of limitations, and remedies for the failure to provide a child with a free appropriate education including compensatory education.

You'll meet the dedicated and talented attorneys who also stepped up to the plate to help Jarron and his family when their case went to federal court.

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Educational Records

2008-02-03T18:05:00.000-08:00

Educational Records, On-Site Record Reviews, Record Requests, and Organizing Educational Records
by: Carol Sadler © 2008

EDUCATIONAL RECORDS,

RECORD REQUESTS, ON-SITE RECORD REVIEWS,

and ORGANIZING EDUCATIONAL RECORDS

Laws that apply to Educational Records:

FERPA http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

IDEA (Regulations based on IDEA 1997)

34 CFR 300.562 Access rights. http://www.cec.sped.org/law_res/doc/law/regulations/regs/SubpartE.php#sec300.562
(a) Each participating agency shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this part. The agency shall comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing pursuant to §§ 300.507 and 300.521-300.528, and in no case more than 45 days after the request has been made.

GA Special Education Rules and Regulations (Regulations based on IDEA 1997) http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.05.pdf

160-4-7-.05 Procedural Safeguards/Parent’s Rights.

(1) General

( c ) Each local school system and state-operated program (LSS/SOP) shall establish and maintain procedures to provide an opportunity for the parent(s)/guardian(s)/surrogate(s) of a student with a disability to:

1. Examine and obtain copies of all records relating to such student.

What constitutes an Education Record?

GA Special Education Rules and Regulations - Parental Opportunity To Examine Records http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.09.pdf

“opportunity to inspect and review any educational records relating to their children that are collected, maintained, or used in the identification, evaluation, educational placement, and the provision of FAPE.”

Wrightlaw – Glossary of Special Education and Legal Terms

http://www.wrightslaw.com/links/glossary.sped.legal.htm

“Education records. All records about the student that are maintained by an educational agency or institution; includes instructional materials, teacher’s manuals, films, tapes, test materials and protocols.”

Wrightlaw – FERPA

http://www.fetaweb.com/04/ferpa.summary.htm

“those records, files, documents, and other materials, which (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. 20 U.S.C. §1232g(a)(4)(A). See also 34 CFR §99.3.

Education records include “all instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.

The transcript of a hearing is an education record for purposes of Section 504. Due process decisions are education records. Tapes of IEP meetings are education records as are IEPs. Letters between parent and school are education records.

Personal notes and memory aids that are used only by the person who made them are not educational records. But if notes are shared with or disclosed to another person, notes are educational records.”

Wrightlaw – FERPA Memorandum: Access to Test Protocols and Test Answer Sheets

http://www.fetaweb.com/04/ferpa.rooker.ltr.protocols.htm

“Completed test instruments or question booklets containing information that identify a particular student, whether or not the name of the student appears on the booklet, constitute “education records” subject to the FERPA requirements.”

“Because answer sheets are usually directly related to a student, they generally fall within the definition of education records to which a parent has the right to inspect and review.”

NASP (National Association of School Psychologist – Test Protocols and Parents Rights – To Copies?

http://www.nasponline.org/publications/cq/cq341protocols.aspx

NASP (National Association of School Psychologist – Copying Protocols To Parents

http://www.nasponline.org/publications/cq/cq311protocols.aspx

“As previously reported, FERPA, IDEA and Section 504 all require that parents be given access to school records (including test protocols), and that this access is limited to a review of records unless the records can not be provided for review within 45 days.

Further, parents may request that actual copies of records be released to appropriate third parties (such as community mental health providers). FERPA includes an additional provision neglected in our earlier analysis: Once the parent has formally requested release of school records to a third party, the parent is then entitled to copies of the same records. In other words, once schools have released copies of protocols to a third party at the parents' request, the parent may request and receive copies as well.”

Ed.Gov – Letter to Carroll County Independent School District

http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/carrollisd091305.html

“As explained in our October 2, 1997, letter, referenced above, test instruments, question booklets, answer sheets, evaluations, surveys, inventories, and other materials that identify a student (by name or number) and that are maintained by the District - or by a party acting for the District, such as a psychologist conducting an FIE - are "education records" under this definition.”

Carol’s Advice on Record Requests and On-Site Record Reviews:

Family Educational Rights and Privacy Act (FERPA) supports IDEA and states that parents have the right to inspect their child’s records. The Georgia Special Education Rules and Regulations go further and state that parents have the right to obtain copies. IDEA states the records must be provided without unnecessary delay, prior to an IEP meeting, not more than 45 days, and if necessary to provide FAPE they must be free.

Georgia schools are required to provide “one” free copy of all educational records to parents. Often when parents make a blanket record request, school districts threaten to charge a fee, which they can do after providing “one” free copy. They will maintain that copies have been previously provided in IEP meetings, thereby justifying charging a fee.

Therefore I typically recommend that parents do an On-Site Record Review instead of a blanket written records request. Go in and inspect the educational files maintained on your child to make sure you have received a full and complete copy of every record. Sometimes this request alone will prompt the LEA to provide a full (free) copy, as they would rather give parents a copy of their records than have parents come in and review the records in person. However, parents really should do both, because you never what may be inadvertently left out or covered up if you allow the school to make copies for you, and you just might miss that smoking gun document to make your case.

When one goes to a school to complete an on-site record review:

1) Make an appointment with the Principal through e-mail documenting your request (see sample letter below);

2) Go in, be nice and polite;

3) Expect to be monitored, they will have someone sitting with you;

4) Specifically ask if you have “all” folders and records maintained on the student to review;

5) Review all records making sure you have “ALL” educational records including teacher files, special education records, general education records, records held at the county, therapy notes, e-mails, etc.;

6) Keep their records neat and in the same order;

7) Turn records you do not have sideways;

8) Document on a note pad what you find;

9) Count and document on notepad how many records (pages) they need to copy before you leave;

10) Give the records and tell them you have documented the records you do not have a copy of and ask them to provide you your one free copy of each record;

11) Follow up with an e-mail thanking them for allowing you to review the records. Reiterate your request for necessary copies; document how many records were needed and state that you had not been previously provided a free copy of those records;

12) Be patient to a point. Give them time to make copies of the records. However, if they are needed for an upcoming IEP meeting, document that according to State Regulations you must receive a copy prior to your IEP meeting on __ date.

Have fun. It’s always interesting to see what is in the child’s file that you have never seen before and who within the system has reviewed your records. They may contain interesting e-mail, interesting and telling teacher/therapist/administration notes and comments, mistakes, hidden documents, informal testing you didn’t know they had given the student, data collection you were not aware they were maintaining, writing samples parents had never seen, and sometimes even those “smoking gun” documents that makes your case.

Organize Educational Records

Now that you or the family you are assisting have completed the record request, it is important that the records are organized in a manner to make them an effective advocacy tool. I typically recommend dividing a 3-inch notebook into 6 categories, which I listed below. Put all records in chronological order with most recent on top. Put a divider between each year in each section.

It is also important to keep a duplicate copy of records in separate place, and handy to make a quick copy for attorneys/advocates, private professionals or hearing notebooks. This way the family will always have a complete copy for multiple uses and quick copying as necessary.

Notebook Sections:

1) IEP's, SST's, 504's, BIP’s (Behavior Intervention Plans) meeting notices, Parent Request Letters, communication/e-mails to and from school district, Discipline reports/documents, Tribunal notices, etc.

2) Formal Testing (school and private evaluations) – Psychoeducational Evaluations, Psychological Reports, Neuropsychological Reports, Occupational Therapy Evals, Physical Therapy Evals, Central Auditory Processing Evals, Speech/Lang Evaluations, Vision/Hearing Evaluations, Functional Behavior Assessments, AT Evals, etc.

3) Report Cards, Progress Reports, Informal testing – most schools usually have a form of testing they use to measure a students progress in reading and math (i.e. – Accelerated Reader/STAR Diagnostic Reports, Success Maker Student Summery Reports Math/Reading, Timed Reading Evals, Lexia Reports, CCC Reports, etc.), Standardized Tests (ITBS, CRCT, IOWA, COGAT, Writing Tests, SAT, ACT, GGHST, etc), and IEP Goal updates. It's helpful if these groups are subdivided, separated with a divider, and grouped together by category of testing and put in chronological order with the most recent on top. This way it is easy to make quick caparisons from year to year.

4) Work samples, informal teacher notes/e-mails, daily behavior sheets, tutoring updates, therapy notes, etc.

5) Due Process & State Complaint Records

6) Misc.- Bills, Draft IEP's, your notes and records, records of phone conversations

7) Optional - Medical Records (add if you like or make a separate notebook)

It is important that parents be able to flip to your information quickly and that they have it handy at every school meeting. This way, when the school says they didn't receive a document, you can give them another copy or quickly dispute what they have stated or implied. I can't tell you how important it is to be organized and prepared in your meetings. Make time to do this; don't wait until the last minute. Do a little at a time. Keep a 3-hole punch available and put school records in one place. Organize as they come in.

Once the student is older and the notebook is too large, it is best to apply this same concept above, but have one notebook for just the current two years information. Every third year, pull out the previous year's info and put in the older notebook (which should be easy to do if you have used sub-dividers by year).

WHAT TO DO WITH ALL THAT CLASSWORK THAT COMES HOME?

I recommend that you keep an expandable 3-inch folder to accumulate your child's daily schoolwork. Label it and date it. Keep one for each year. Keep everything; you never know what a family might need. Keep artwork, drawings, writing assignments, tests, letters from teachers and all schoolwork returned. Keep it in chronological order with most recent in front; just keep adding to the front as it comes in. Copy and put only a FEW work samples in your Educational Folder. Take this folder to every IEP meeting as well.

I kept this folder on both my children who are 3 years apart. When my 2nd child began to have problems in school due to Dyslexia and Dysgraphia, I was able to go back and compare her schoolwork to her sisters during the same grade. Being in the same school, with the same teachers, they did the same classwork and projects. It was very interesting to see how different they were, yet similar in of their disability area struggles. I was able to compare handwriting, drawings, writing assignments, and even daily class work, tests and grades. When I filed due process, it gave me a record of another child in the same grade (even though it was her sister it was very useful), and I was able to show my 2nd daughter's very impaired handwriting and written expression skills compared to another child's of the same age (and that was even compared to another child with a disability also). So it was great handy evidence!!

Additionally, both my children will have their school work to show their children when they get older. Since many of the disabilities that they each have are genetic, it will be very likely they will have children with similar disabilities. They may very well need some of these records to help with their children.

Sample Record Request Letter

Date

Your Address

Your City, State & Zip

Your Telephone

Principal Name, Principal

School Name

School Address

School City, State & Zip

Dear Mr. Principal Name,

We are the parents of your child’s name, birth date, who is currently enrolled in the So & So Program/Grade at School Name.

We are requesting a copy of all educational records for our child per 34 CFR 300.562. This request extends to all educational records maintained by the district, including but not limited to the following:

1. Psychological evaluations and reports including standard scores, percentile rankings, grade and age equivalent scores and recommendations and observations.

2. Cumulative educational records.

3. Progress reports and report cards, grades and comments.

4. Group and individual achievement and ability tests, statewide/district assessments, Occupational Therapy, Physical Therapy, and Speech Language evaluations, and psychoeducational reports with grade and age equivalents; standard scores; raw scores; percentile ranks; observations; and recommendations.

5. Disciplinary records and reports.

6. Attendance records.

7. Case conference summaries and minutes, SST meetings and minutes, 504 Plan and minutes, and/or IEP's including goals, objectives and minutes.

8. Functional behavioral assessments and behavior intervention plans.

9. Medical records.

10. Anecdotal notes and e-mails maintained by teachers (including general and special education teachers), school psychologists, counselors, administrators, or any other school system staff.

11. Prior written notices.

12. Collected work samples.

13. Data Collection.

14. Informal testing.

15. All e-mail pertaining to student.

Thank you in advance for your attention to this matter. Please let us know when these records will be available and we will be happy to come by and pick them up. We will also be willing to volunteer to come and make copies for you if necessary to expedite this matter (schools do not generally take parents up on this offer, but I like to add it to show parents willingness to help – now be sure to erase this sentence from your draft letter).

(Add if you have an upcoming IEP meeting) – We have an IEP meeting scheduled on (date). Please provide records in advance of this meeting as required by IDEA 34 CFR 300.562 and the GA Special Education Rules and Regulations 160-4-7-.05.

Place a copy of this request in our child’s school file.

Sincerely,

Mr. & Mrs. Your Name

Parents

cc Special Ed. Lead Teacher and/or Counselor (who ever is working on your child’s case)

Special Ed. Administrator, Supervisor, and/or Director (optional)

Sample On-Site Record Review Letter

Date

Your Address

Your City, State & Zip

Your Telephone

Principal Name, Principal

School Name

School Address

School City, State & Zip

Dear Mr. Principal Name,

We are the parents of your child’s name, birth date, who is currently enrolled in the So & So Program/Grade at School Name.

We are requesting an appointment to review all educational records for our child per 34 CFR 300.562. This request extends to all educational records maintained by the district, including but not limited to the following:

1. Psychological evaluations and reports including standard scores, percentile rankings, grade and age equivalent scores and recommendations and observations.

2. Cumulative educational records.

3. Progress reports and report cards, grades and comments.

5. Disciplinary records and reports.

6. Attendance records.

7. Case conference summaries and minutes, SST meetings and minutes, 504 Plans and minutes, and/or IEP's including goals, objectives and minutes.

8. Functional behavioral assessments (FBA) and behavior intervention plans (BIP).

9. Medical records.

16. Anecdotal notes and e-mails maintained by teachers (including general and special education teachers), school psychologists, counselors, administrators, or any other school system staff.

17. Prior written notices.

18. Collected work samples.

19. Data Collection.

20. Informal testing.

21. All e-mail pertaining to student.

22. All previous testing protocols.

Thank you in advance for your attention to this matter. Please let us know when it will be convenient for your staff. We request that these records be gathered and available all in one location for our review.

(Add if you have an upcoming IEP meeting) – We have an IEP meeting scheduled on (date). We will need an appointment prior to this meeting as required by IDEA 34 CFR 300.562 and the GA Special Education Rules and Regulations 160-4-7-.05.

Please place a copy of this request in our child’s school file

Sincerely,

Mr. & Mrs. Your Name

Parents

cc Special Ed. Lead Teacher and/or Counselor (who ever is working on your child’s case)

Special Ed. Administrator, Supervisor, and/or Director (optional)

KidsEnabled Magazine Article on Parent Advocacy

2008-01-30T16:25:00.000-08:00

Fall 06 Article

http://www.kidsenabled.com/articles/features/parentadvocacy.html

Parent Advocacy
By Maggie Parry

Sometimes fighting for your child’s educational rights can be an overwhelming and lonely task. But parent advocates, an underutilized resource, can help guide and ultimately empower parents of children with learning differences.

When Heidi Fernandez’s son, Andrew, was diagnosed with autism, she knew he would need an individualized set of educational supports and services to ensure he reached his learning potential. But as she sat through her first round of individualized education program (IEP) meetings, she realized those supports were about as easily attained as a winning lottery ticket. She discovered that, because educators didn’t fully understand Andrew’s atypical learning style, they were less than willing to make changes in the classroom. She felt discouraged in her lack of knowledge regarding special education law and how to negotiate within the school system. Instead of the IEP meetings moving Andrew’s goals forward, they ended in stalemates because of funding disputes, school policy confusion or staffing issues. Fernandez realized that if she was going to speak effectively on Andrew’s behalf, she would need crucial information and support. Desperate to obtain the tools Andrew needed for school success, and armed with the belief that “knowledge is power,” Fernandez turned to a parent advocate.

A parent advocate acts as “coach” to provide the information and training necessary to empower parents to advocate for their children in a school setting. Once Fernandez enlisted the help of a parent advocate, she began to see a change in the outcome of Andrew’s IEP meetings. Her advocate helped her develop negotiating skills and function as a learning resource for teachers regarding Andrew’s specific learning differences. When seeking a functional behavioral program for Andrew’s IEP, Fernandez used her newfound skills to successfully push for a timely and correctly executed assessment. This resulted in a realistic plan of targeted positive behaviors and reinforcements to facilitate Andrew’s success during the school day. “As I became more knowledgeable,” Fernandez says, “I gained a strong voice and power in those meetings. I had more confidence to assert myself for Andrew and his needs.”

Fernandez’s story reflects the experience of many parents who seek support services for their exceptional or challenged learners. Parents play a crucial role in making the decisions that shape a child’s academic success. For parents of children struggling with learning differences, that role exponentially intensifies as classroom and individualized supports become mandatory for effective learning. Parents might know their children better than anyone else, but when faced with the complexity of education law, school policies and over-worked educators, they find themselves lacking critical tools necessary for speaking on behalf of their kids. They can become
Overwhelmed by what they do not know and consequently feel they have no effective voice in meetings or the power to help develop an effective plan for their children. Parents often don’t have the time or emotional energy to research the information that advocates can bring to the table.

Like Fernandez, Carol Sadler felt the school system was not hearing her concerns adequately. Her daughters, Christina and Angela, both diagnosed with multiple neurological disabilities, struggled in reading and math. They were not progressing, and Sadler could not get the proper supports in place to ensure their learning success. After seeking the advice of multiple professionals outside the school system with minimal results, Sadler sought the help of a parent advocate. She became well-trained in negotiating skills, knowledgeable about her daughters’ rights under the law and confident in her own ability to run an IEP meeting where her child’s needs remained at the forefront. Her experience opened her eyes to the greatneed in the school community for advocates to help train and guide parents. After serving as coordinator for the Learning Disabilities Association of Georgia for four years, Sadler underwent parent advocacy training through the Georgia Advocacy Office’s Parent Leadership Support Project and began advocating for other parents in her community. One of her priorities as a parent advocate is to understand the child’s learning difference and how that affects not only academic goals, but social, emotional and behavioral issues as well. She works closely with parents to teach the skills necessary to navigate meetings and obtain the necessary services and supports.

Claire Dees is also a parent advocate and president of Spectrum, Gwinnett County Autism Support Group. She focuses on helping teachers and parents work as a team. Her advocacy goals include teaching parents how to be a resource for teachers. “The reality is that parents have to train teachers regarding their exceptional children,” she states. “Both parties need to think outside the box if academic goals will be met. If teachers consistently see parents as adversarial, and parents perceive teachers only as unyielding, then academic goals get lost in the impasse and the child loses the most.” Dees’ advocacy services include conducting parent/ teacher seminars, which teach communication and negotiation skills, as well as effective ways to share resources and ideas.

Services Offered by Parent Advocates

Resources for Finding a Parent Advocate

Georgia Parent Mentor Program
www.parentmentors.org
The goal of this program is to nurture communication among parents & educators. Though parent mentors are not advocates, they can help parents locate advocates who are familiar with your child’s school system. This is a free service provided by the school system.

Georgia Advocacy Office (GAO)
www.thegao.org
The GAO office has trained almost 200 parent advocates who have worked with more than 1,500 families. The organization deals with all disabilities and developmental levels. While the GAO cannot guarantee a parent advocate match for your child’s particular challenges, they make every effort to find an advocate who is appropriate. The GAO does not charge for their services. Call the GAO office at 404-885-1234 to request a resource advocate.

Parents Educating Parents and Professionals (PEPP)
www.peppinc.org
PEPP seeks to provide families with information that will help them navigate the educational system and prepare for the future. PEPP’s supports include education for parents on IDEA, methods and skills to establish working relationships with professionals in your child’s life, a workshop training program, a resource center library, trained staff and referrals and personal assistance.

Council of Parent Attorneys and Advocates (COPAA)
www.copaa.org
COPAA is an independent organization of attorneys, advocates and parents. The group’s primary mission is to secure high-quality educational services for children with disabilities.

Carol Sadler
Special Education Consultant/ Advocate

Claire Dees
President, Spectrum,
Gwinnett County
Autism Support Group

Other Helpful Links:

National Center for Learning Disabilities

Georgia Department of Education, Exceptional Student Division

Parent to Parent of
Georgia

Atlanta Alliance on Developmental Disabilities

Georgia Children’s Network, a listserv where parents, advocates, attorneys and professionals network

Advocacy services can be as simple as helping parents write an effective letter to school administrators, or as involved as teaching parents the subtleties of special education law.

Sometimes all parents need is an hour or two of telephone consultation. Many parents, though, need someone to attend school meetings with them and speak on their behalf. Services will vary from advocate to advocate. Other services that an advocate might provide are: Teaching parents and educators which accommodations and modifications are appropriate for a child
Developing an effective IEP plan
Reviewing documentation and test results to determine if a child is eligible for special education services
Working with the school to develop positive behavior plans
Obtaining a child’s educational records
Locating professionals in the community such as developmental pediatricians, psychologists, therapists, social workers or attorneys
Locating community resources such as recreational and social opportunities
Helping parents become well-versed in education law
Obtaining appropriate testing that is paid for by the school system
Documenting cases
Recommending resources for treatment and therapy options
Educating teachers about a child’s specific learning differences.

Choosing the Right Advocate

Choosing a parent advocate who truly understands the unique needs of your child could potentially be critical to that child’s academic success. Asking the right questions enables parents to find the best advocate for their child’s specific set of learning challenges. Following is a checklist of questions and concerns to bring to the table when interviewing possible advocates.

Training and experience
While there is currently no standard certification process for advocates, there are diverse and valuable training opportunities (see sidebar above). Does the advocate keep his or her training current by attending workshops and conferences? Parenting a child with a learning difference is not necessarily enough experience to be a successful advocate. Always ask a potential advocate for references. Speaking with parents who have experience with a particular advocate offers valuable insight when making a choice.

The maze of educational policy and law
Advocates should be familiar with the school system and be able to translate for parents the complicated “language” of educational policies, procedures and legislation. They should be comfortable negotiating in IEP meetings. Are they familiar with the Individual with Disabilities Education Act (IDEA) and other legislation involving children with learning differences? Some advocates have an area of expertise involving particular skills such as conflict resolution, knowledge of behavioral programs and supports, management of documentation and investigative procedures.

Every child is unique
Effective advocates will take the time to acquaint themselves with the unique abilities and challenges of your child. Parents should expect the advocate to explain how the child’s learning difference will influence him/her in an academic environment. If unfamiliar with a particular learning difficulty or disability, is the advocate willing to learn and become knowledgeable about that learning difference? How much time will the advocate spend with the child? The unique needs and goals of each child is always a priority for a successful advocate.
Other issues to consider fees
If an advocate charges for services, make sure you understand the payment schedule and how fees are determined (hourly or flat rate). Many advocates who have gained valuable experience and knowledge advocating for their own children become advocates for other families. Out of a genuine interest in helping others they usually offer their services for free. A more complicated case might require the services of a paid advocate who specializes in a specific disability or works in partnership with an educational attorney’s office. Remember, it’s important to choose an advocate whose services and expertise are the best match for your child.

Documentation and record keeping: Determine who will be responsible for documenting meetings: you or the advocate. How will files be maintained, and who will keep the copies at the advocate’s place of business? Make sure you know how to obtain a copy of your child’s records when you need them.

Communication: What is the best way for parents and the advocate to keep each other informed regarding issues, upcoming meeting dates and other important items?
Legal Issues: Some advocates work independently and others work in partnership with attorneys. An effective advocate can help parents determine if an attorney is necessary. Remember, advocates can offer legal information and help parents negotiate and resolve disputes, but they are not lawyers.

Parent advocates are a valuable tool in helping parents of atypical learners find a strong voice for their child. Whether parents need guidance with letter writing or someone to attend IEP meetings, the experience and expertise of a parent advocate provides direction on the journey through the school system.

Maggie Parry is a freelance writer/editor who has a child with a seizure disorder and autism. She can be reached at maggieparry@bellsouth.net.

Access by Students with Disabilities to Accelerated Programs - OCR Letter

2008-01-09T09:58:00.000-08:00

Below is a very important recent letter by OCR addressing the rights of students with disabilities to advance content and accelerated school programs. There have been many complaints filed with OCR where schools are denying children with disabilties access to these classes and telling parents they cannot receive necessary spec. ed. support and services and/or spec. ed. and 504 accommodations in these classes. They are wrong, and this letter below states it is a violation of 504 and FAPE to do so.

Print and copy this letter to take with you to 504 and IEP school meetings, and send this link below to your educators who may be confused about this issue and/or violating children's rights.

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

CONFIDENTIAL AND PRIVILEGED
Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, and the GA DOE Parent Mentor program as an invited guest. Please do not forward without my permission.

http://www.ed.gov/about/offices/list/ocr/letters/colleague-20071226.html

Dear Colleague Letter: Access by Students with Disabilities to Accelerated Programs

OFFICE OF THE ASSISTANT SECRETARY

DEC 26, 2007

Dear Colleague:

I am writing to advise you of an issue involving students with disabilities seeking enrollment in challenging academic programs, such as Advanced Placement and International Baccalaureate classes or programs (accelerated programs). Specifically, it has been reported that some schools and school districts have refused to allow qualified students with disabilities to participate in such programs. Similarly, we are informed of schools and school districts that, as a condition of participation in such programs, have required qualified students with disabilities to give up the services that have been designed to meet their individual needs. These practices are inconsistent with Federal law, and the Office for Civil Rights (OCR) in the U.S. Department of Education will continue to act promptly to remedy such violations where they occur.

As you know, OCR is responsible for enforcing two Federal laws that protect qualified individuals with disabilities from discrimination. OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and its implementing regulations at 34 CFR Part 104, which prohibit discrimination on the basis of disability in programs or activities receiving Federal financial assistance. OCR is also responsible, in the education context, for enforcing Title II of the Americans with Disabilities Act of 1990 (Title II) and its implementing regulations at 28 CFR Part 35, which prohibit discrimination on the basis of disability by entities of State and local government. Although this letter discusses aspects of the Section 504 regulation, Title II provides no lesser protections than does Section 504. Also relevant are the requirements of the Individuals with Disabilities Education Act (IDEA), which is administered by the Department’s Office of Special Education Programs (OSEP). The IDEA provides funds to States and school districts in order to assist them in providing special education and related services to eligible children with disabilities. The IDEA’s implementing regulations are located at 34 CFR Part 300. OCR consulted with OSEP in drafting this letter.¹

As an initial matter, I want to commend the efforts so many of you have made to ensure that placement decisions for all students are based on each student’s individual academic abilities regardless of the presence, nature, or severity of a disability. I want to ensure that all of you are aware of the Federal civil rights requirements discussed below.

Prohibition Against Disability-Based Discrimination in Accelerated Programs

The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II. Discrimination prohibited by these laws includes, on the basis of disability, denying a qualified individual with a disability the opportunity to participate in or benefit from the recipient’s aids, benefits, or services, and affording a qualified individual with a disability with an opportunity to participate in or benefit from the aid, benefit or service in a manner that is not equal to that offered to individuals without disabilities. 34 CFR 104.4(a), (b)(1)(i), (b)(1)(ii); 28 CFR 35.130(a), (b)(1)(i), (b)(1)(ii).

Under Section 504 and Title II, a recipient may not utilize criteria or methods of administration that have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability. 34 CFR 104.4(b)(4) and 28 CFR 35.130(b)(3). A public entity also may not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered. 28 CFR 35.130(b)(8). Public school students with disabilities who require special education and/or related services receive them either through implementation of an individualized education program (IEP) developed in accordance with Part B of the IDEA or a plan developed under Section 504. 34 CFR 104.33. It is unlawful to deny a student with a disability admission to an accelerated class or program solely because of that student’s need for special education or related aids and services², or because that student has an IEP or a plan under Section 504. The practice of conditioning participation in an accelerated class or program by a qualified student with a disability on the forfeiture of special education or of related aids and services to which the student is legally entitled also violates the Section 504 and Title II requirements stated above.

Please note that nothing in Section 504 or Title II requires schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs. Generally, under Section 504, an elementary or secondary school student with a disability is a qualified individual with a disability if the student is of compulsory school age. However, schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated programs or classes. Section 504 and Title II require that qualified students with disabilities be given the same opportunities to compete for and benefit from accelerated programs and classes as are given to students without disabilities. 34 CFR 104.4(b)(1)(ii) and 28 CFR 35.130(b)(1)(ii).

Furthermore, a recipient’s provision of necessary special education and related aids and services to qualified students with disabilities in accelerated classes or programs must be consistent with the Section 504 and Title II requirements regarding free appropriate public education (FAPE).

Free Appropriate Public Education

In general, conditioning participation in accelerated classes or programs by qualified students with disabilities on the forfeiture of necessary special education or related aids and services amounts to a denial of FAPE under both Part B of the IDEA and Section 504.

Section 504 requires a recipient that operates a public elementary or secondary education program or activity to provide FAPE to each qualified person with a disability who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s disability. 34 CFR 104.33(a). Under Section 504, the provision of an appropriate education is the provision of regular or special education and related aids and services that satisfy certain procedural requirements and that are designed to meet the individual education needs of persons with disabilities as adequately as the needs of persons without disabilities are met. 34 CFR 104.33(b)(1)(i). School districts may create a plan or other document to provide students with disabilities with FAPE pursuant to Section 504. The Section 504 FAPE requirement may also be met through the implementation of an IEP developed in accordance with Part B of the IDEA. 34 CFR 104.33(b)(2).

Part B of the IDEA requires that FAPE be made available to eligible students with disabilities in certain age ranges. The IDEA defines FAPE as special education and related services that: are provided free of charge; meet State standards; include an appropriate preschool, elementary school, or secondary school education; and are provided in conformity with a properly developed IEP. 20 USC § 1401(a)(9); 34 CFR 300.17.³

Participation by a student with a disability in an accelerated class or program generally would be considered part of the regular education or the regular classes referenced in the Section 504 and the IDEA regulations. Thus, if a qualified student with a disability requires related aids and services to participate in a regular education class or program, then a school cannot deny that student the needed related aids and services in an accelerated class or program. For example, if a student’s IEP or plan under Section 504 provides for Braille materials in order to participate in the regular education program and she enrolls in an accelerated or advanced history class, then she also must receive Braille materials for that class. The same would be true for other needed related aids and services such as extended time on tests or the use of a computer to take notes.

Conditioning enrollment in an advanced class or program on the forfeiture of needed special education or related aids and services is also inconsistent with the principle of individualized determinations, which is a key procedural aspect of the IDEA, Section 504 and Title II. As noted above, under Section 504, the provision of FAPE is based on the student’s individual education needs as determined through specific procedures--generally, an evaluation in accordance with Section 504 requirements. 34 CFR 104.35. An individualized determination may result in a decision that a qualified student with a disability requires related aids and services for some or all of his regular education classes or his program. Likewise, the IDEA contains specific procedures for evaluations and for the development of IEPs that require individualized determinations. See 34 CFR 300.301 through 300.328. The requirement for individualized determinations is violated when schools ignore the student’s individual needs and automatically deny a qualified student with a disability needed related aids and services in an accelerated class or program.

I urge you to use the information provided in this letter to continue to evaluate whether your school district is in compliance with these anti-discrimination requirements. OCR remains willing to continue supporting you in these efforts. We provide technical assistance to entities that request assistance in voluntarily complying with the civil rights laws that OCR enforces. If you need additional information or assistance on these or other matters, please do not hesitate to contact the OCR enforcement office that serves your state or territory. The contact information for each office is available online at: http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. I thank you in advance for your cooperation and assistance in this important matter.

Sincerely yours,

Stephanie J. Monroe

Assistant Secretary for Civil Rights

¹ You may contact OSEP to address any issues that relate specifically to the requirements of IDEA. Contact information for OSEP is available online at: http://www.ed.gov/policy/speced/guid/idea/
monitor/state-contact-list.html.

² The term "related aids and services" as used here is intended to include both the Section 504 requirements at 34 CFR 104.33(c) and the equivalent requirements under the IDEA, i.e. related services, supplementary aids and services, program modifications and supports for school personnel. See 34 CFR 300.34, 300.42, and 300.320(a)(4).

³ Among other things, an IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and those without disabilities. An IEP also must contain an explanation of the extent, if any, to which the child will not participate with children without disabilities in the regular class and in these activities. 34 CFR 300.320(a)(4)-(5).

Reading program said to boost scores - More school district results from Lindamood-Bell!

2007-12-18T09:04:00.000-08:00

FYI - Another school district reports success using Lindamood-Bell www.lindamoodbell.com . See articles below. These studies can be cited when advocating for the use of Lindamood-Bell to remediate decoding, reading fluency, reading comprehension, spelling, and language comprehension.

Lindamood-Bell's research statistics

http://www.lindamoodbell.com/downloads/pdf/research/SS%20Stats%20'05.pdf

Use similar graphs in the article above to chart your own child's reading progress (or lack of progress) to use in IEP meetings. Graphs are a great visual document. I used graphs in my own daughter's case to show that in three years of intense reading remediation within our school district, my daughter made virtually NO progress based on their own testing results. Make your own charts and graphs.

"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

CONFIDENTIAL AND PRIVILEGED
Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, and the GA DOE Parent Mentor program as an invited guest. Please do not forward without my permission.

http://www.signonsandiego.com/news/education/20071215-9999-1mi15vusd.html

Reading program said to boost scores

Elementary students used method for a year

By Matthew Rodriguez

UNION-TRIBUNE STAFF WRITER

December 15, 2007

VISTA – Third-, fourth-and fifth-graders participating in a new reading program that Superintendent Joyce Bales introduced to Vista Unified have boosted their scores on state tests, new data show.

The scores, presented at a school board meeting Thursday, show gains among some students enrolled in the Lindamood-Bell Learning Processes program during the past school year. Bales brought the reading program to Vista after using it at her last job in Pueblo, Colo.

“What we're seeing is the trend moving in the right direction,” said Paul Worthington, director of development for Lindamood-Bell.

At the meeting, however, some teachers said the data were incomplete because they didn't compare those state scores in English/language arts with test scores of students in other reading programs. They said they wanted to know whether students in other district programs also improved to the same extent.

The Lindamood-Bell program, which gets students to focus on the imagery associated with words and sentences, involves teacher training and intensive reading clinics.

Bales and several trustees expressed encouragement about the results, saying the program isn't competing with other reading programs in the district, such as Reading First and one by the Houghton Mifflin Co.

“If it is, we're in big trouble,” trustee Steve Lilly said.

Board member Carol Herrera suggested touting the district's other reading programs, as well. “I think we need to look at the entire program,” she said.

Among third-, fourth-and fifth-grade students in the Lindamood-Bell program during the past school year, fourth-graders showed the largest gains.

There are five scoring categories for the tests: advanced, proficient, basic, below basic and far below basic. The goal for students to be at grade level is to score proficient or advanced.

Of the 120 fourth-grade students who worked intensively in the Lindamood-Bell program, 106 had scored in either the below basic or far below basic categories on state tests in 2006 as third-graders. That number was reduced to 46 in 2007, after participation in the new program.

Students in the basic category went from 14 to 67, the data show. And students in the proficient and advanced categories went from 0 to 7.

The gains were less impressive for 92 third-grade students in the program. In 2006, 71 scored below basic or far below basic as second-graders. That fell to 65 in 2007.

In 2006, 21 of the students scored basic or proficient. In 2007, 27 scored in that category.

Among the 90 fifth-graders in the program during the past school year, 68 had scored far below basic or below basic in 2006 as fourth-graders. That dropped to 59 in 2007.

The number of students in basic and proficient categories went from 22 to 31 in 2007.

In other business, the board heard an update on the construction of dual magnet high schools in east Oceanside, collectively called Mission Vista High School.

Donna Caperton, interim chief operations officer, said the district this week received approval for $2 million in joint-use funding from the state for the project.

The state had initially denied the funding, but the district appealed. The funds raise the project's available budget to $90.8 million, Caperton said.

The district also received an approved set of building plans from the Division of the State Architect in November. With that in hand, the district expects to receive a revised maximum construction price from contractor Edge Development Inc. in February.

Caperton said the district anticipates that another company, Modtech, will begin delivering 58 modular classrooms to the site in January.

The classroom delivery is behind schedule, but Caperton said the district will work with the company to speed up the timeline. The district plans to open the high school by fall 2008.

Matthew Rodriguez: (760) 476-8239; matthew.rodriguez@uniontrib.com

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http://www.lblp.com/schoolservices/districtreform.shtml

Pueblo District 60 uses Lindamood-Bell (they actually work with the organization, so all teachers are highly qualified and certified). They have been doing this since 1998.

To read what they are doing, and where they sit in the State (#2 district to achieve the highest AYP out of approx. 178 districts in the State). Go to this link: http://www.lblp.com/schoolservices/districtreform.shtml

District 60 helps low-income students achieve

The Pueblo Chieftain Online"

KITTY
KENNEDY

Recent analysis completed by both the Colorado Children’s Campaign and the Piton Foundation addressed school districts’ statewide struggle to improve the quality of education and close the acknowledged “achievement gap.”

The “achievement gap” is the commonly used term to describe the recognized disparity between schools with high levels of students coming from lower income homes compared to schools with more affluent student profiles.

Simply put, researchers reported that there has been little significant progress statewide in reducing this gap since 1997, when state testing began. While this is certainly regrettable for most districts, as was stated in the report, "A notable success story among the districts analyzed is Pueblo City Schools (District 60). All students made gains there, but progress in schools with the most low-income students far outpaced that of schools with fewer poor students."

This is a powerful validation for Pueblo and all those who have worked so hard for educational equity. Pueblo District 60, with its “no excuse” attitudes, is mentioned many more times throughout both reports.

Over the past seven years Pueblo School District 60 has achieved dramatic results regarding reading instruction to ensure that ALL children have the opportunity to become proficient readers. Our fundamental responsibility is to enable all children to become lifelong readers. Reading comprehension allows every individual to more fully participate in our democratic society.

District 60 students, staff and parents have become the state and national model for student progress. This is evidenced by three District 60 principals being invited to provide the keynote address at the First White House Conference on Reading, and District 60 was one of only three districts invited to the White House on the first anniversary of the federal No Child Left Behind legislation.

The district is strongly committed to supporting each teacher as a teacher of reading. Redirected resources and the acquisition of grants give teachers and students the tools necessary to improve reading. Some of the actions that we have taken to assist students in reaching their academic goals are:

The first is a fundamental belief that all children can learn and reach higher levels. We know that all children can meet high academic standards regardless of race or income level. Most District 60 schools have dramatically raised test scores to meet our high expectations. We have engaged students, staff and parents in our efforts to increase higher expectations. As a result, our teachers are recognized and should be commended for their efforts in closing the achievement gap.

District 60 is the first district in Colorado to embrace legislated accountability by becoming data driven and striving for academic improvement. Another example is that our schools use a business model with measurable goals and quarterly reports to keep the focus on student achievement. Specifically in reading, District 60 has a long-term partnership with Lindamood-Bell that began in 1998 when it was apparent, with the first state tests, that additional reading support was needed. The Lindamood-Bell partnership introduced a multisensory approach to reading with an emphasis back on phonics. Over the years, District 60 has worked to successfully integrate this model into the classroom, thereby reducing our financial commitment to an outside vendor.

This district is fortunate to have high-performing teachers. Dedicated, highly qualified teachers are an absolute necessity for improving the classroom experience for students. Ongoing professional development and support of our teachers are responsibilities that our district takes very seriously. District 60 has redirected resources in order to invest millions of dollars in professional development for teachers. The result of this significant investment, at no additional cost to the taxpayer, has been dramatic improvements in student test scores.

Another key component of our success is the connection our schools have with their families and parents. Parental involvement is a key to student success. Our schools continually invite and involve parents to become an integral part of the school community. Throughout the school year parents are supported with learning strategies that they can use at home. As a result, parental visits to schools are at an all-time high.

The District has committed significant resources to the visual and performing arts, with new programs planned for the fall. Research has proven that it is developmentally important that all children have the opportunity to experience and explore the arts.

Finally, high-quality leadership is a commonality in our schools. Being a principal or a master teacher in public education is one of the most important jobs in the United States today. To quote from the book “Good to Great,” "It is important to not only have the right people on the bus - someone has to guide." Student success in raising test scores is absolutely a team effort. The success of District 60 students has been a direct result of the combined efforts of administrators, teachers, support staff and parents. District 60 was the first district in Colorado to align all subjects with the state standards. This effort was initially driven by administration in concert with teams of district principals, teachers and community members. Increasing and improving the quality of professional development, our teachers are provided with the knowledge and the tools to address student achievement. The teachers’ successful implementation of the strategies significantly improved student achievement.

Our school district has been repeatedly cited by President George W. Bush, Secretary of Education Margaret Spellings, former Secretary of Education Dr. Rod Paige, Gov. Bill Owens, and Colorado Commissioner of Education William Moloney, as being a district that others are looking to as a model for student success. This level of recognition does not happen by accident. It is a concerted effort by all District 60 students, staff and parents to provide the best opportunities for every child in Pueblo.

While we acknowledge that we have not attained our goals in all areas, Pueblo can be proud that the children of our community are a part of one of the most improved districts in our nation today. Rest assured, the progress will not stop. The pressure to move to the next level is high and the rewards are even higher.

Kitty Kennedy is president of the District 60 Board of Education

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Educational Records

EDUCATIONAL RECORDS,

RECORD REQUESTS, ON-SITE RECORD REVIEWS,

and ORGANIZING EDUCATIONAL RECORDS

FERPA http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

IDEA (Regulations based on IDEA 1997)

GA Special Education Rules and Regulations (Regulations based on IDEA 1997) http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.05.pdf

NASP (National Association of School Psychologist – Test Protocols and Parents Rights – To Copies?

WHAT TO DO WITH ALL THAT CLASSWORK THAT COMES HOME?

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Parent Advocacy By Maggie Parry

Services Offered by Parent Advocates

Resources for Finding a Parent Advocate

Choosing the Right Advocate

Access by Students with Disabilities to Accelerated Programs - OCR Letter

OFFICE OF THE ASSISTANT SECRETARY

Prohibition Against Disability-Based Discrimination in Accelerated Programs

Free Appropriate Public Education

Reading program said to boost scores - More school district results from Lindamood-Bell!

Reading program said to boost scores

Elementary students used method for a year

Parent Advocacy
By Maggie Parry