The Parents' Coalition brings you video of that event with commentary by Steve Zepnick.
Does Dispute Resolution Work In Almost Every Case?
by Steve Zepnick
At the open forum on Special Education on 11/25/13, Dr. Starr thinks so. He stated that in the past, districts “gave away the store” to avoid disputes. He mentioned that MCPS needs to leverage the time and energy invested by parents of children with disabilities to become deeply engaged with the parents. However, he falsely reported that “dispute resolution works in almost every case” and presented the lack of successful resolutions to be only .65%. This number is understated. It does not include families, who were intimidated to take less or those who dropped out or just didn’t choose to fight because of the of the costly, complicated process. Hiding behind a .65% statistical distortion only muddles the picture.
How far does MCPS go in a due process hearing to humiliate,overpower and ultimately blame a mother, who is fighting for services for her child?
ReplyDeleteThe MCPS private attorney grilled a mother of a child with a weakened immune system about a family vacation. He asked if she had contacted the rental agent to check if the previous renter had AIDS. Apparently, MCPS was not aware of the latest health information that HIV is a blood-borne pathogen transmitted primarily through sex or intravenous drug use, and it is illegal for the rental agent to reveal such information. The attorney was more concerned with demonstrating that the mother was “neglectful” by engaging in the “risky behavior” of taking her medically, fragile child on a vacation. And, just as astonishing, the administrative judge allowed this type of questioning.
So now, Dr. Starr states boldly that dispute resolution works in almost every case, and he is satisfied with the process, which I call a “perilous practice.” Well, this family is a good example of the .65% unsuccessful resolutions-Starr’s own faulty figures. It is also an example how special education policy becomes subservient to legal tactics, and how public officials can abuse their power and lose credibility-”faux ernestness.” There were several other appalling events and insinuations at this hearing that further obscured the basic goal to plan appropriately for the academic services of a child with disabilities.
So, MCPS/Dr. Starr is satisfied with a system that undermines students’ education, creates hostility and a lack of respect for the decisions of professional educators, and marginalizes parents, who dare assert their rights and expose governmental wrongdoing. What a costly, misguided and disturbing debacle. Again, the goal of the school system is to protect children at academic risk. Let’s not kid ourselves that things are “mighty fine.” I should know; I am the child’s grandfather.
If .65% is accurate, then it begs the question – why does Dr. Starr oppose his school district carrying the burden of proof in special education due process? According to his numbers - .65% - the impact would have to be negligible to the system. And .65% is a number he’s okay with. But, for any child for whom burden of proof stands in the way of receiving FAPE, it’s the cost of a lifetime. And sometimes, a life. For more information visit www.burdenofproofmd.org
ReplyDeleteJulie Reiley
NICU GRADUATES FACE A COMPLEX LIFE
ReplyDeleteAccording to the March of Dimes, in 2013 more than 450,000 babies are born too soon each year, which equals to one in nine. Premature birth is the number one killer of newborns. Delivery prior to 39 weeks is associated with increased risk of learning disabilities, respiratory problems and other potential risks. Although the rate for preterm births has been dropping, the progress remains slow, and many of the survivors face severe health problems and a lifetime of disabilities. Better understanding carries hope that effective strategies for prevention can be discovered.
Research tends to focus on discovering the unknown causes of premature birth, but few professionals understand the challenges faced by the Neonatal Intensive Care Unit (NICU) survivors. It has been consistently demonstrated that preterm, low birth weight children have a greater risk for learning-related problems as they progress through infancy, preschool, and elementary school. They are not able to organize and regulate external and internal sensory input as well. Many have demonstrated significantly poorer cognitive and academic outcomes. They exhibit early cognitive deficits and a higher rate of generalized learning problems that present as expressive language delays, visual-motor and visual-spacial deficits, and/or attentional difficulties during the first few years of life. And furthermore, deficits in attention are associated with problems in executive functioning.
Nationally, there remains a gap dealing with the high risk, premature children, who are graduates of the various NICUs. Once these children reach school, there are greater demands placed on them with regard to logical reasoning and processing of higher-level visual, spatial, and verbal information.
The school professionals have little understanding of the medical complexities of the NICU graduates, and therefore, the graduates are “herded” into inclusive programs. Without appropriate understanding and education, the school systems tend to be dismissive of the disabling complexities and often blame the parents for exaggeration of the various disabling conditions.