Showing posts with label IDEA. Show all posts
Showing posts with label IDEA. Show all posts

Tuesday, November 23, 2021

Big Win in Dyslexia Case! Court Orders District to Reimburse Parents $456,990.60

 


by Peter W.D. Wright & Pamela Wright

Wrightslaw.com

In O.R. v. Clark County Schools, a federal judge determined that the school district violated the Individuals with Disabilities Education Act, Section 504 of the Rehabiliation Act, and Title II of the Americans with Disabilities Act, and ordered Clark County School District to reimburse the parents $456,990.60.


O.R. is a child with dyslexia and other learning disabilities. Fifteen to twenty percent of all school children have dyslexia. Dyslexia is the most common cause of reading, writing and spelling difficulties. [What is Dyslexia?]

Although dyslexia makes learning to read more difficult, children with dyslexia can learn to read if they have the right instruction. Parents of children with dyslexia who seek the "right instruction" in public school programs are often stunned when they encounter major obstacles to their reasonable requests that the school teach their children to read.

Few parents know that many teachers, including special education teachers, were not trained to teach children, including children with dyslexia, to read. Few parents are aware that many programs used by public schools to teach children to read are not effective or research-based.

This case is noteworthy in several respects. The Court held that:..

https://www.wrightslaw.com/law/art/nv.or.clark.county.dyslexia.htm?fbclid=IwAR3AaCgdySyr2tKdPPSf_n0Hu2iRiEyhsbKJY9reT5J6uLMPmoJQhDXqAjs

Sunday, September 30, 2018

Georgia's Separate and Unequal Special Education System

From The New Yorker, article by Rachel Aviv. Full article here.

A statewide network of schools for disabled students has trapped black children in neglect and isolation

Seth Murrell, a four-year-old boy with dreadlocks to his chin, moved with his family to Atlanta in the fall of 2015. On his first day at his new preschool, he cried the whole morning. He wouldn’t sit still in his chair. He’d pop up and snatch the glasses off a classmate’s face, or spit at the teacher. When he was tired, he waved his arms in the air, begging his teacher to hold him. On the rare occasions that his teacher complimented him, he shouted “Yay!” too loudly.

His mother, Latoya Martin, a hair stylist, had moved with her husband and three children from Donalsonville, a rural town in Seminole County, in the southwest corner of Georgia, to be closer to psychiatrists and neurologists who would understand why her son was developmentally delayed. He couldn’t string words together into a sentence. His teachers called Latoya nearly every day and told her to pick him up early, because he was disrupting the class. When Latoya resisted—she was busy looking for a new job—her friends warned her that the school might call child-protective services if she couldn’t pick up Seth promptly. Latoya sensed that the teachers were accusing her of being a bad parent, so she informed the school’s principal that she had never done drugs and that in high school her G.P.A. had been 4.0. Latoya’s sister Anita said, “They kept saying we needed to work with him more at home. I’m, like, we work with him—that’s not the problem. This is part of his disability!”

After a month, Latoya was told that Seth would be sent to a school twenty minutes away, in the Georgia Network for Educational and Therapeutic Support, a constellation of schools, known as GNETS, attended by four thousand students with emotional and behavioral disabilities. Anita, a public-school teacher in Atlanta for nearly two decades, said, “I was just trying to figure it out in my head—we already have special-ed classes in the schools, so why is there this second system?” GNETS has a ten-per-cent graduation rate, compared with seventy-eight per cent for other public schools in Georgia. …

The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities learn in the “least restrictive environment,” a loose term that may mean different things depending on the race or the class of the student. Nirmala Erevelles, a professor of disability studies at the University of Alabama, told me that, “in general, when it comes to people of color—particularly poor people of color—we choose the most restrictive possibility,” sending students to “the most segregated and punitive spaces in the public-school system.” According to Beth Ferri, a disability scholar at Syracuse University, IDEA provided a kind of loophole to the 1954 Supreme Court decision in Brown v. Board of Education, which outlawed racial segregation in schools. Now racial segregation continued “under the guise of ‘disability,’ ” she said. “You don’t need to talk about any race anymore. You can just say that the kid is a slow learner, or defiant, or disrespectful.” Ferri said that IDEA “treated disability as apolitical—a biological fact. It didn’t think about things like racial or cultural bias.”

Monday, September 17, 2018

When It Comes To Special Ed, States Largely Deficient

Federal officials say that fewer than half of states are adequately meeting their obligations to serve students with disabilities under special education law.
Just 21 states received the “meets requirements” designation in an annual compliance review conducted by the U.S. Department of Education.
The remaining states were labeled “needs assistance” with the exception of Michigan and Washington, D.C. which were classified in the more dire category of “needs intervention.”
The results from the review released this month are based on how well states served students with disabilities ages 3 to 21 during the 2016-2017 school year.
The annual assessments are mandated under the Individuals with Disabilities Education Act. States are evaluated based on a number of factors including student performance, functional outcomes of students with disabilities and fulfilling IDEA’s procedural requirements...

Monday, July 30, 2018

.⁦@MdPublicSchools⁩ - States are evaluated based on a number of factors including student performance, functional outcomes of students with disabilities and fulfilling IDEA’s procedural requirements. ⁦@usdoegov⁩ found MD did NOT meet standards!




Monday, June 28, 2010

State determines MCPS "Needs Intervention" re: performance under IDEA

Under the Individuals with Disabilities Education Act, the Maryland State Department of Education is required to make a determination annually on the performance of each local school system and assign the school system to one of four categories: Meets Requirements, Needs Assistance, Needs Intervention, and Needs Substantial Intervention.

Assistant State Superintendent Carol Ann Heath notified MCPS Superintendent Jerry
Weast by letter dated May 18, 2010 that Montgomery County Public Schools has
been determined to be
Needs Intervention, Year Three, based on federal fiscal
year 2008 data, as well as information obtained through monitoring and complaint
investigations.



The determination is that MCPS is in the category of "Needs Intervention, Year Three" regarding its performance under the Individuals with Disabilities Education Act (IDEA) is based on targets for 20 indicators such as graduation rate, dropout rate, participation and performance on assessments, meeting evaluation timelines, and ensuring that complaints and hearings are resolved within required timelines. 


According to this report, one of the major ways MCPS is failing is that only 67.23% of students with Individual Education Plans (IEPs) are graduating with regular diplomas, and Maryland's expectations are that 85.5% of students with IEPs will graduate with a regular diploma. 


The full text of the letter is at the link below:  
MSDEMay182010