3. Topics
I. Does My Child Need Help?
II. Main Ideas
III. Terms & Definitions
IV. Eligibility & The Referral Process
3
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
4. I. Does My Child Need Help?
4
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
6. Does My Child Need Help?
• School Refusal
• Anxiety
• Learning Differences
• Emotional or Social Issues
• ADD/ADHD
• Autism/Asperger's
• Psychological/Psychiatric/Mental Health
• Medical Issues
Provided by Attorney Lawrence Berliner
6
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
13. IDEA (Individuals with Disabilities Education
Act)
• This federal law was first enacted by Congress in 1975. It ensures that
students between the ages of 3 and 21 years of age receive a free and
appropriate public education and that their special education and
related services are protected.
13
Provided by Attorney Lawrence Berliner
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
15. Section 504
• This federal law was first enacted by Congress during 1973 and it
provides civil rights protections, prohibits discrimination based on
mental or physical disability and requires reasonable
accommodations and/or modifications for children with disabilities
who attend public or private schools that receive federal financial
assistance. Children who have Section 504 plans often do not require
special education and related services.
15
Provided by Attorney Lawrence Berliner
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
16. What is Special Education?
• Special Education – The purposed of special education is to protect
the rights of children with disabilities and their parents to ensure that
such children have FAPE available to them, which will meet their
unique needs, and prepare them for further education, employment,
and if necessary, independent living.
16
Provided by Attorney Lawrence Berliner
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
18. What is Special Education?
SPECIAL
EDUCATION
Specially designed
instruction, at no cost to
parents, to meet the unique
needs of a child with a disability
Related Services help
children w/disabilities
benefit from special
education by providing
extra help & support.
Supplementary Aids &
Services (in regular ed
classes, education-
related settings, &
extracurricular
nonacademic settings)
enable children with
disabilities to be
educated alongside their
typical peers.
18
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
20. III. TERMS & DEFINITIONS
20
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
21. Free & Appropriate Public Education (FAPE)
• F FREE – means a student who is eligible for special education and
will receive services without direct costs to student or family
• A APPROPRIATE – means a student will have an IEP that is based
upon the student’s unique needs and not what is available. The
IEP will have demanding, challenging, & ambitious goals &
objectives, evaluation procedures, related services, &
accommodations all designed to meet the needs of the student.
• P PUBLIC – refers to the local or regional public school district.
• E EDUCATION – Education is what is supposed to be provided to a
student enrolled in a local or regional school district.
21
Provided by Attorney Lawrence Berliner
22. IV. ELIGIBILITY & REFERRAL
22
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
23. Eligibility – What Parents Need to Know
Special Education & Related Services are provided to children with
disabilities who are determined to need such services and can benefit
from specialized instruction in order to receive FAPE.
• Parents/School District make a referral to a PPT to begin the process
of determining a child’s eligibility for special education.
• Parents are important! Parents are a source of vital information
about their child – issues affecting health, medical history, social,
developmental, and/or academic performance.
23
Provided by Attorney Lawrence Berliner
Module 1 – Foundations
Does My Child Need Help?
Main Ideas
Terms & Definitions
Eligibility & The Referral Process
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
24. Module 2
Application, Communication &
Problem Solving
24
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
25. Topics
I. How to Prepare
II. What to Watch
III. What You Shared With Us
IV. Issues & Solutions
25
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
How to Prepare
What to Watch
What You Shared With Us
Issues & Solutions
Module 3 – Civics, History, & Laws
26. I. How to Prepare
26
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
How to Prepare
What to Watch
What You Shared With Us
Issues & Solutions
Module 3 – Civics, History, & Laws
27. II. What to Watch
27
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
How to Prepare
What to Watch
What You Shared With Us
Issues & Solutions
Module 3 – Civics, History, & Laws
29. III. ISSUES & SOLUTIONS
29
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
How to Prepare
What to Watch
What You Shared With Us
Issues & Solutions
Module 3 – Civics, History, & Laws
34. Topics
I. Structure of Government
II. History
III. Laws
34
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
Structure of Government
History
Laws
35. I. STRUCTURE OF GOVERNMENT
35
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
Structure of Government
History
Laws
36. Why do we have these rights?
36
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
Structure of Government
History
Laws
37. III. HISTORY
37
Module 1 – Foundations
Module 2 – Application,
Communication, & Problem Solving
Module 3 – Civics, History, & Laws
Structure of Government
History
Laws
Welcome to Foundations of Special Education.
In this section we will discuss very basic ideas about support for children in school. This will include determining whether our child needs support in school, and how to secure The support our child or children need in school.
We will cover four main topics. Don’t worry if it seems like a lot – it is!! We will repeat ourselves many times and cover topics in this first session, and in future sessions.
First, we will ask the question: Does my child need help? Your child might be having trouble in school , and that is why you are here today. As parents, sometimes it is hard to think about what is happening with your child in school. We will help you break down this issue, which is important in getting help and support, if necessary, from your school-based team.
Our second topic will be “Main Ideas.” This will cover the main ideas of special education.
From there, the third topic we will discuss tonight is Terms and Definitions. Special education has lots of terms and definitions – it is a language all on its own. Plus there are many different acronyms, or words that stand for terms, that we will cover. Don’t worry if you don’t get it all in the first round. We will review and repeat!
Finally, our fourth topic will cover Eligibility and the Referral Process. Eligibility is the process in which a child is determined eligible for special education. The Referral Process is the process through which a child who might have special education needs is referred to the school system. This section will describe the process of requesting help and support from the school system.
One final thing to remember about your child and the school system is that the school system is like the government. There is a process to everything and in order to ask for anything or receive anything, you must follow the procedures established by the law and laws that govern schools. It is not enough to go to your child’s teacher and say that you think your son or daughter needs help.
Does my child need help?
Identifying if your child needs help is the very first step in this process. It is important for you as a parent to look at your child, gather information, and ask yourself questions so that you can decide whether your child needs help in school.
The more information you have, the more helpful this will be when it comes time for you and the school to decide if your child needs help in school.
One final point about this slide: it is important for you to BE HONEST. This is the first time but not the last time that I will be saying this tonight and in future sessions.
It does not help your child to hide his or her problems to make them present a better picture than what actually exists.
It does not help the school provide the support your child may need if you are not honest about your child’s issues.
And it does not help your child embrace his or her issues and move forward in dealing with them.
Is my child struggling in school? In this slide, we see three sources of information about your child: the parent, the school, and any providers like doctors who may know your child.
You, the parent, are the most important source of information about your child. You know your child. You know his likes, dislikes, behavior, and body language. You know your child’s developmental milestones. You know your child’s history.
All of these things make you an expert on your child and make you a very important part of the process.
Does my child need help?
You might suspect that your child needs help in school because of one of these reasons.
Your child may be refusing to go to school. Your child may have anxiety about school or about attending school. Your child may have learning differences or challenges, like dyslexia, or something that may be impacting learning. Attention Deficit Disorder, Attention Deficit Hyperactivity Disorder, Autism, Asperger's – any of these issues might require support for your child. Your child might also have other difficulties that are psychological, psychiatric, or mental health related. Finally, your child may be affected by medical issues, from simple to complex, that can affect their ability to learn. And lastly, emotional or social issues at school are problems that can affect the way a child functions at school.
Your child may have one of these issues, or multiple. They are all factors that you need to think about when you ask yourself the question “Does My Child Need Help?”
The first questions to ask yourself when you think about whether your child needs help in school is:
(1) Is my child struggling in school? AND
(2) How is my child struggling in school?
The more questions you can answer about the “how”, the more understanding you will have into your child. Has your child been struggling for a long time, or has it just started this year? Is there a pattern in the time when your child is struggling? Is it a struggle during the morning, or afternoon, or in certain classes – like math instead of reading? Does your child have difficulty in structured time or in unstructured time? Classroom time is generally more structured than gym, recess, or lunchtime.
For example, my child used to struggle most during unstructured times like gym, recess, and lunch, where there wasn’t much oversight by the teachers and there was less predictability. He would also become less manageable towards the end of the day, as he became tired from the effort of holding it together for the whole day.
Does your child “fall apart” after he comes home from school, but the teachers report that he or she is fine for the whole of the school day? This could mean that your child is expending a tremendous amount of energy keeping it together at school and only can relax or fall apart after returning to a “safe” environment like home. Even though the school isn’t seeing the problems, this type of behavior might indicate that a child is struggling in the school environment.
Asking yourself about the time of day, therefore, can be very helpful. Subject matter is important and can be an indicator of learning challenges that are yet to be diagnosed. Does the part of the classroom where your child is sitting have an impact on his or her behavior? Children with attention issues tend to perform better sitting in the front of the classroom because they can’t see the whole of the class in front of them and get distracted by the other children. Similarly children with visual challenges will do better placed at the front of the classroom. Are specific children an issue or do specific children or incidents seem to trigger your child?
If academics are an issue, and you suspect your child may be having consistent difficulties doing his homework or taking tests, you should ask his teacher if he is performing at the same level as the other students in his class. Are you spending a lot of time on your child’s homework trying to help him with it? Does your child attend an afterschool program or homework club, and what do they say about how your child is performing homework and behavior wise, especially versus the other children?
Finally, the last two questions are the most important even though you might not be able to answer them on your own. What happens before my child has his issues? Psychologists call this an antecedent. What are the triggers that cause his issues? And what is my child’s response to those triggers, or antecedents?
The more information you can provide about these issues, the better you will be able to help your child and help the school AND YOURSELF understand the challenges that your child faces.
The following list is a series of questions that you can ask yourself about your child. Always remember that, even if your child is verbal, they are usually not going to be able to come out and say to you “I’m having trouble at school” or “I have anxiety about school.” These things will show themselves in behaviors and actions of your child, rather than words. It is important for you, as the parent, to note those things about your child that might indicate they are having problems, so that you can interpret them in the correct way to help your child.
For example, the question ”does my child like to go to school?” seems straightforward. However, rarely would a child say “I don’t want to school” because they don’t communicate that way, even if they have the language, and even if they are older. Your child might be telling you they don’t want to go to school by refusing to go to bed at night (so they don’t have to wake up the next morning and go to school). They might also be telling you that they don’t want to go to school by always being late in the morning or never getting ready on time. These are passive-aggressive strategies of communication where a child might be telling you, without words, that they have anxiety about school or some reluctance to attend school.
Think about these signs, and if they have gotten worse over time. Try to remember if they have gotten worse over 3 months, 6 months, or a year? The time frame is important!
Recently I was describing my son’s anxiety to a provider and while I was talking about it I started to piece together different things that were signs of his anxiety. Stomachaches and headaches can be physical signs of anxiety. Remember to think about things like that which are not necessarily verbal that your child is communicating to you.
All children have special needs in their own ways. Children’s needs may change over time, and some needs may recede while others become more obvious.
Main categories for special needs include:
HEARING OR VISION IMPAIRMENT
PHYSICAL DISABILITY
LEARNING DISABILITY
COMMUNICATION DISORDER
HEALTH OR MEDICAL NEEDS
EMOTIONAL OR BEHAVIORAL NEEDS
DEVELOPMENTAL DISABILITY
We will talk about categories, and classifications, in a later slide. For now, think about these general categories as a guideline for special needs that a child might have.
This is one of the most important slides in this entire presentation. I need you to remember this today, tomorrow, and from now on!
Parents are essential to the education process. Parents, YOU, are the most important part of the team. You know your child better than anyone and your input is crucial to the school understanding your child. You are the expert on your child.
You should always trust your instincts on your child. Sometimes we may feel like because a teacher is saying something, that it must be true. I remember sitting in meeting about my son and there was a roomful of people talking about my child. I was upset and emotional. There was a speech therapist, and she was offering opinions on what was going on, and how she thought he should be treated, and they didn’t seem quite right. I remember very clearly that I stopped her and asked “have you met my son and spent time with him?” She paused – she had been caught! She said “No, but I have spent time with his brother.”
It is critical that you be honest during the process. I know that it can be embarrassing to talk about what’s going on with your child, especially if there are behavior issues going on. You still have to be honest. Is he having trouble at home? Are there behaviors at home? Be truthful! No one will have a full understanding of your child if the people involved are not being fully honest. Making your child seem better than he is will not get him the services that he needs!
On a related note, you must fill out the forms that the school gives you, honestly and completely. It does your child no good to paint a picture of him that is not accurate. Your input is crucial to his process. If you do not fill out the forms, your voice will not be heard.
And finally, don’t be afraid to ask questions. Special education is complicated! Make the school explain it to you, in simple language or whatever you need to understand! I know many educated parents – doctors, lawyers even – they don’t understand special education. It’s complicated! Even school people don’t understand and they can and do get things wrong!
This is one of the most important slides we will review during this entire course. I hope that you remember this slide, even if you forget everything else that we talk about (although I hope that you don’t).
Remember that learning includes more than academics – social skills, behavior, attention issues all need to be considered too. Academics is only one piece of learning! Does your child have friends? Is he paying attention in school? These are all important considerations and are equally a part of a child’s education.
“Your child is at grade level” “Your child is too smart to qualify for services” – these are not legitimate excuses for a school to deny special education services. I have heard both of these excuses myself and they are not reasons to deny a child supports. What good is grade level if my child is trying to rip the water fountain off the wall or kick the other students?
Also remember that your support at home is essential but it does not release the school from its responsibility to also support your child – both types of support are needed. Your child could be keeping up at school because of what you are doing at home to support him or her.
And now we are ready! This section, “Main Ideas,” will be a discussion of the main ideas of special education. We will talk briefly about two laws – IDEA and Section 504 of the Rehabilitation Act – which are the two main laws that apply to special education. We will discuss some important changes that have been made to those laws since their passage. We will discuss what special education is, and what it is not.
The Individuals with Disabilities Education Act was enacted in 1975 as the Education for All Handicapped Children Act. It was signed into law by President Gerald Ford. Before that law, schools were not obligated to educate children with disabilities and often times they did not educate them because of the cost. Almost 20% of children with disabilities were not receiving an education up until the 1970s, which was why this law was passed.
Later on, we will talk more about this law and the history that led to its passage.
When a federal law is passed, it means that every state in the country has to follow it. However, each state may improve the law by granting more benefits than the federal law does through its own statutes and regulations. States can provide more rights but they can’t take away from what the federal government provides. Connecticut has its own statutes around special education that were enacted on 7/1/13 and they are generally better than what the federal government provides.
The law is structured in four parts, containing six main ideas.
(1) The Individualized Education Plan or Program (IEP)
(2) Free and Appropriate Public Education (FAPE)
(3) Least Restrictive Environment (LRE)
(4) Appropriate Evaluation
(5) Parent & Teacher participation
(6) Procedural Safeguards
We will talk about most of these main points in this section and the following section.
Section 504 refers to Section 504 of the Rehabilitation Act of 1973. It provides protections for students with disabilities and also provides accommodations or modifications to the environment for those students.
504 plans do not have measurable goals and objectives, service hours, responsible staff for implementing the plan, or periodic reporting requirements on the student’s progress. Our experience at SELF has been that sometimes schools try to convince parents that their child does not qualify for services under IDEA and that they only need a Section 504 Plan because it is less expensive to implement and does not give the students and his parents as many rights and protections.
The key words here are “accommodations” and “modifications.” Section 504 plans modify the existing environment to help the child learn; they do not provide specialized instruction or any of the other hallmarks of special education.
The purpose of special education is to protect the rights of children with disabilities and their parents to ensure that such children have FAPE available to them, which will meet their unique needs, and prepare them for further education, employment, and if necessary, independent living.
What do we want for our children?
We want the same things for our children that have special needs that we want for our children who are typical. We want them to have a life where they
live as independently as possible,
are engaged on a daily basis in an meaningful and appropriate activity that interests them
have a social life,
have the option of being active community members.
Education is meant to prepare all of our children for that ultimate goal.
What is special education not?
Special education is not a place. Special education does not refer to a classroom or type of classroom. While special education can happen in a place that is not the general or regular education classroom, the term “special education” does not refer to a place, a school, or a room in a building.
Special education can and does happen anywhere. It can happen in a hospital, at home, or in an afterschool environment. It happens where and when the child needs it and provides what the child needs in terms of supports and services.
What is special education? Special education is specially designed instruction at no cost to the parents to meet the unique needs of a child with a disability.
As I mentioned in the last slide, special education is conducted in the school, home, hospital, institution, or other settings and includes physical education, related services, travel training, and vocational training.
Related services include speech & language, interpreting, psychological, physical & occupational therapy, early identification and assessment, counseling, mobility, medical, social work, health services, and parent training.
Supplementary aids and services includes adaptive equipment, 1-1 aide, assistive technology, training for staff/student/parents, adapted material, peer tutors, etc..
FAPE, in the green box, is the cornerstone of IDEA and the principle upon which special education law in this country is based. Each child is entitled to a FREE AND APPROPRIATE PUBLIC EDUCATION that emphasizes special education and related services that are designed to meet a student’s individual needs.
Child Find, in the blue box, makes the schools responsible for finding and identifying kids with needs. The most important thing to remember about Child Find is that it is the school district’s responsibility to find a child with needs, not the parent’s. However, this does not mean that a parent cannot bring to the attention of the school any concerns regarding the possibility that their child may have a disability.
Least restrictive environment, in the purple box, means that your child must be educated to the maximum extent possible with children who are typical or not disabled. LRE is a continuum from LEAST to MOST restrictive. The least restrictive environment would be a full day in an inclusion general education classroom environment. The most restrictive environment would be something like homebound or hospital-based instruction (private tutoring). LRE is important to note when you have a child with behavioral issues as sometimes a school will seek to isolate the child in a resource room or in-school suspension.
The PPT meeting, in the red box, is the means through which a parent and school communicate about a child in special education. Types of PPTs include initial eligibility, annual review, triennial evaluation.
And finally, the IEP – in the yellow, middle box – is the individualized education program or plan. It is a written statement, you can take from school district to school district, a legal document for a child that is based on the needs of the child.
This third section will discuss the terms and definitions for use in special education. You will have heard some of these already, but in this section we will provide detail and talk about each one.
This slide explains each part of FAPE – Free and Appropriate Public Education.
FAPE is one of the most important concepts in special education law.
F FREE – means a student who is eligible for special education and will receive services without direct costs to student or family
A APPROPRIATE – means a student will have an IEP that is based upon the student’s unique needs and not what is available. The IEP will have demanding, challenging, & ambitious goals & objectives, evaluation procedures, related services, & accommodations all designed to meet the needs of the student.
P PUBLIC – refers to the local or regional public school district.
E EDUCATION – Education is what is supposed to be provided to a student enrolled in a local or regional school district.
Congratulations! We have made it to the final section of today’s session. In this section we will discuss eligibility and the referral process.
The rest of the slides in the presentation will discuss eligibility and how we determine if a student is eligible for special education services that a school district must provide.
If it seems to be a confusing process, that is because it is confusing. Like all governmental agencies, schools have processes that need to be followed. It is important for families to follow those processes and make sure you follow the rules so your child can receive the support.
It’s not enough to say “I think my child needs help.” Many parents say that and then are angry or upset that the school district doesn’t follow through. Sometimes, it is because the proper procedures in requesting the help were not followed by the parents or family, because the family did not know what steps to take.
When you are applying for anything that has to do with a government organization, it is very important to follow all the steps! If you do not, your application (or in this case, request for support) may not go through or may not be recognized by the school district.
This slide gives some examples of when the referral process breaks down.
IDEA guideline is 60 days or State guideline (CT 45 days)
Timeline can be extended by team for additional testing for eligibility determination
If the evaluation cannot be completed by the last day of school, the district may stop the count towards the 45 school day timeline on the last day of school and resume the count on the first day of school. Whenever possible, the bureau strongly encourages districts to complete evaluations over the summer in order to begin the school year with a student’s IEP in place.
Prior written notice
Exactly what the school proposes or refuses to do;
Why the school proposes or refuses to take action;
The other options the PPT talked about and the reasons why those were not done’
About each evaluation procedure, assessment, record or report that the school used as a basis for the proposed or refused action;
If Team refuses to evaluate the Child, parent can file a due process hearing request.
IN THIS SECTION, SECTION 3, WE WILL DISCUSS THE ISSUES AND CONCERNS THAT YOU RAISED. THESE ISSUES ARE SPECIFIC TO MEMBERS OF THE COMMUNITY WHO SPEAK SPANISH AS A PRIMARY LANGUAGE AND ENGLISH AS A SECONDARY ONE. IN SOME CASES, WE WILL SHARE WHAT YOUR RIGHTS ARE UNDER THE LAW. IN OTHER CASES, WE WILL OFFER MORE PRACTICAL APPLICATIONS OR SOLUTIONS TO THE ISSUE.
IF YOU HAVE ADDITIONAL EXPERIENCES, ISSUES, OR CONCERNS THAT YOU DON’T FEEL WERE RAISED IN THIS SECTION, PLEASE FIND ME AFTER THE PRESENTATION TO SHARE YOUR STORY WITH ME.
The words “special education” are a bit of a misnomer. 13% of students nationally have an IEP and receive special education services. In Connecticut, the percentage is higher, at 15% compared to 19% in neighboring New York and 17% in New Jersey and Massachusetts.
In Stamford, 2010 students have special education designations, out of a total of 15985 for the district overall.
So while having a child with special needs may feel isolating, you are not alone. Many other students have the same issues that you do.
THANK YOU TO ALL OF THE FAMILIES WHO SHARED YOUR STORIES WITH SPECIAL EDUCATION LEGAL FUND LAST FALL. IF YOU ARE HERE IN THE AUDIENCE AND YOU SPOKE TO US TO TELL US ABOUT YOUR EXPERIENCES WITH YOUR CHILD IN SPECIAL EDUCATION, WE THANK YOU FROM THE BOTTOM OF OUR HEARTS.
THIS CURRICULUM WOULD NOT EXIST WITHOUT YOUR WILLINGNESS TO SHARE YOUR STORIES. WE LEARNED FROM YOUR EXPERIENCES AND STORIES. WE TOOK YOUR EXPERIENCES AND CREATED THIS CHART, WHICH SHOWS VISUALLY THE EXPERIENCES THAT MANY FAMILIES WHO SPEAK SPANISH AS A SEOCND LANGUAGE HAVE HAD ANDCONTINUE TO HAVE IN THE SCHOOL SYSTEM.
YOUR EXPERIENCES, BROADLY SPEAKING, FALL INTO THE FOLLOWING CATEGORIES:
TRANSLATION
CULTURAL DIFFERENCES
LACK OF UNDERSTANDING
INTIMIDATION
PARENT INPUT IGNORED
LACK OF COMMUNICATION
CONDESCENSION
LACK OF KNOWLEDGE
RETALIATION
RESOURCES
IN THE NEXT SECTION, WE WILL TALK ABOUT EACH ONE OF THOSE ISSUES, AND PROPOSE POTENTIAL SOLUTIONS.
The process starts with UNDERSTANDING. We, as parents, have to understand the laws, and the rights our children have under those laws. If we don’t understand what the law entitles us to, then how are we going to ask for what is our right?
The process moves along, as all processes do, with COMMUNICATION. Everything moves more smoothly with effective communication. We are here to help you communicate with the school and more effectively understand the process of communicating with the school. One of the main problems with school and parent communication on this topic is that the parents sometimes are interacting with the school the way you would interact with another person. If you have a problem with someone, you walk over to them and discuss it with them. If you have a request to make of someone, you speak to them directly to make your request.
The school is not a person. When you go to your student’s teacher and say “My son is having problems in school. He is having problems with ’fill in the blank.’” You think you have done your job of communicating your student’s issues to the school. Unfortunately you need to communicate your request to the school in a certain way, and speaking to the teacher isn’t the right way – it’s not the PROCESS. So parents do this one, two, three times and then become frustrated and angry. Because their voices have been ignored, and their requests haven’t been heard. But to the school, no requests have been make, so they haven’t ignored anything. YOU HAVE TO RESPECT THE PROCESS.
Finally, with understanding and appropriate communication, hopefully we begin to see RESULTS. Results for our student in his or her education progress. We as parents are hopefully able to use our understanding of the laws and rights and our enhanced communication abilities to yield results which lead to more feedback for both you, the student, and the school.
WELCOME TO MODULE 3, CIVICS AND HISTORY.
THIS MODULE WILL COVER THREE MAIN TOPICS. FIRST, WE WILL DISCUSS THE STRUCTURE OF THE FEDERAL GOVERNMENT BEGINNING WITH THE CONSTITUTION. SECOND, WE WILL BRIEFLY COVER THE HISTORY OF EDUCATION IN THE UNITED STATES AND THE CIVIL RIGHTS MOVEMENT. THIRD, WE WILL DISCUSS THE LAWS THAT ARE IMPORTANT TO SPECIAL EDUCATION FOR STUDENTS IN THIS COUNTRY.
OUR SECOND TOPIC WILL BE THE STRUCTURE OF THE US GOVERNMENT. IN THIS SECTION WE WILL DISCUSS THE US FEDERAL GOVERNMENT AS THE FOUNDATION FOR THE RIGHTS THAT WE HAVE, INCLUDING OUR CHILDREN’S SPECIAL EDUCATION RIGHTS.
WHY DO WE HAVE THESE RIGHTS? WHY DO WE HAVE RIGHTS IN THE UNITED STATES OF AMERICA? WHAT ARE THESE RIGHTS BASED ON?
THIS NEXT SECTION WILL DISCUSS THE HISTORY OF PUBLIC EDUCATION IN THE UNITED STATES AS WELL AS THE CIVIL RIGHTS MOVEMENT AS A BACKGROUND TO THE RIGHTS OF INDIVIDUALS, AND THEN STUDENTS, WITH DISABILITIES.
EDUCATION IN THE US HAS A LONG HISTORY.
THE FIRST SCHOOLS OPENED IN THE 17TH CENTURY AND WERE MAINLY FOCUSED ON SUPPLEMENTING THE RELIGIOUS AND MORAL EDUCATION PROVIDED BY THE CHURCH.
BECAUSE NORTHERN SCHOOLS WERE PROTESTANT AND PROTESTANT CHURCHES BELIEVED IN PEOPLE READING THE BIBLE, LITERACY RATES WERE HIGHER IN THE NORTH VERSUS THE SOUTH.
LATER ON, SCHOOLS BEGAN TO SPREAD ACROSS THE US BECAUSE EDUCATION REFORMERS SPREAD IDEAS ABOUT HOW SCHOOL AND EDUCATION ARE CRUCIAL TO CITIZENS OF AN ACTIVE DEMOCRACY.
AT THE TIME, PEOPLE BELIEVED THAT EDUCATION WAS NECESSARY TO SOCIAL CHANGE AND REFORM.
In the previous section, we touched on the various laws that form the basis for special education law in the United States, In this fourth AND FINAL SECTION OF TODAY'S LECTURE, we WILL DISCUSS in greater detail the LAWS RELEVENT TO STUDENTS IN SPECIAL EDUCATION, STUDENTS WITH LEARNING DISABILITIES.
Those laws include
the 14th Amendment
the Civil Rights Act of 1964
the Education of All Handicapped Children Act
the individuals with Disabilities Education Act (IDEA)
The Rehabilitation Act of 1973
The Americans with Disabilities Act (ADA)
THE 14TH AMENDMENT IS ONE OF A GROUP OF AMENDMENTS TO THE CONSTITUTION THAT WERE ADDED AFTER THE CIVIL WAR OF 1861-1865.
THE FOURTEENTH AMENDMENT, RATIFIED IN 1868, GRANTED CITIZENSHIP TO FORMER FREED SLAVES. IT ALSO CONTAINED PROTECTIONS FOR THE NEWLY FREED SLAVES THAT WERE SEEN TO BE NECESSARY IN THE POST-CIVIL WAR AND RECONSTRUCTION SOUTH.
THE FINAL CLAUSE DISCUSSED HERE, THE EQUAL PROTECTION CLAUSE, IS ONE OF THE MOST IMPORTANT CIVIL RIGHTS PROTECTIONS THAT EXIST TODAY, AND ONE OF THE MOST IMPORTANT PROTECTIONS THAT STUDENTS WITH DISABILITES HAVE TO THIS DAY.
A state shall not deprive any person of life, liberty, or property without DUE PROCESS of law.
A State must guarantee all persons EQUAL PROTECTION of the laws.
