Holding the Torch

CONVERSATION WITH A STUDENT

As a lawyer and advocate there have been a few times in my years of practice when I encountered someone or something that really made a lasting impression.  Such was the case a few weeks ago when I met Charles; a 19 year old high school student with Asperger’s syndrome.

My office staff had received a call from a young man who said he attended high school in an adjacent county and he wanted to speak with an attorney to “help straighten out his IEP”.  He was given an appointment and because he would be taking multiple buses to reach Fairfax, we allowed extra time on the schedule. He said he had all of his papers in order for the meeting.  He was a no-show for the 2:00pm appointment.

At the end of the day I was preparing to leave my office when I heard the bell on the front desk.  Upon entering the reception area I found Charles sitting on the sofa with a back-pack and a file folder in his hand.  I introduced my-self and Charles apologized for being late for the 2:00pm appointment, saying that he had to take three different buses and walk the last two miles to the office. It was 6:00 pm and he had left home at noon.

We stayed for another hour and Charles told me about his frustrations as a special education student in his senior year.  He recognized that most of his teachers were trying to help him, but said his transition goals and services were poor or nonexistent.  He repeatedly said that he needed core courses like math and English, without which he said “I won’t amount to anything”.  He believed the school had written him off as a kid with limited potential and he was trying to force the school to give him meaningful course work, “so I can get a real job”.  To achieve this he was asking for help from a lawyer.  I agreed to give him whatever help I could and asked him to let me copy the papers he brought and allow follow-up with school officials.  He agreed.

After our meeting I drove Charles to a bus stop far enough to make his return trip easier and we talked about his lawn mowing business, his problems with family and his determination to make a better life for himself.  He said he thought it was extremely lucky that the office was still open – he didn’t expect that and said that at least he would have known where the office was “for the next trip”.  I told him I was very grateful to meet him and that I thought he was an extraordinary person.  He certainly showed me something about self determination and self advocacy.

Shortly after this meeting, Charles said he had home problems and was forced to relocate to another State to live with relatives.  I told him that I will keep his file open and whenever he needs help, just call.

 I often think about Charles and the many young people like him.  It helps to energize my resolve as an advocate.

VIRIGNIA’S SHELL GAME WITH EDUCATIONAL ANNUAL MEASURABLE GOALS (AMOs) WILL SHORT CHANGE MINORITY AND DISABLED STUDENTS

Within the Last two months there has been a firestorm over Virginia’s new proposed goals to close the achievement gap for failing schools and student groups.  The State has been granted a waiver from the requirements of No Child Left Behind and has used that waiver to set drastically low targets for student groups who have the lowest achievement rates. The State has identified these student groups by race and disability categories.  In short, there are lower achievement goals for Black, Hispanic and Disabled children than for Whites. In some cases, the achievement gaps are as large as 40 percentage points.

The problems with this approach are apparent and disturbing. By setting the bar so low for underachieving groups, there is no incentive to bring all children to the same level of proficiency. Disparate treatment is actually built into the regulations. This is an astounding development and must be changed.

There is much more to come as education advocates around the State come together to force the Virginia Department of  Education (VDOE) to reconsider these changes. To learn more about these issues and what you can do, click here.

TAKING A HARD LOOK AT THE ISSUE OF RESTRAINT AND SECLUSION PROCEDURES IN OUR PUBLIC SCHOOLS

I have seen the anxious expression on the faces of parents as they show me the photographs of injuries and the reports regarding school restraint incidents involving their special needs children. Not only does the issue create concern for parents, but teachers have told me that they feel vulnerable when there is inadequate training and guidance. These are difficult cases.

Most school districts have (or should have) specific written protocols and policies governing the use of restraint and seclusion of special education students in schools. The best policies involve parent input and consent for a graduated level of interventions. Teacher and staff training is an essential component.

On March 6, 2012, the National Disability Rights Network (NDRN) asked the U.S. Department of Education (ED) to do more to reduce and prevent the use of restraint and seclusion in the public schools. This is the third in a series of reports by the NDRN entitled "School is Not Supposed to Hurt". Citing statistics that injuries and some deaths are continuing to be the frequent consequences of school restraint, the study is a must read for those of us that work with children, parents and educators to preserve safety in the schools.

LISTENING TO THE STORIES

I have always believed that the best advocacy skill is to be a good listener. Before we give advice, analyze and problem solve with people, it is essential that we listen to what they are telling us about themselves, their lives and their children. This past week I had two really good opportunities to listen to citizens and parents of children in need.

The Loudoun Allergy Network (LAN) is a group of parent advocates for children with life threatening allergies. I attended a meeting to speak with them about the basics of special education law, but I learned much about the world in which they live. Listening to these parents revealed the particular hurdles that they and their children face every day in the public school environment. I heard about the need for constant vigilance against exposure to certain foods; how food is sometimes used as rewards in children’s school and social circles and how these children (and sometimes their parents) are the subjects of bullying because of the need for accommodations for the allergy disabilities.

This past weekend I attended a meeting of the Coalition of the Silence (COTS), a newly formed coalition of advocates, citizens and parents. This group will focus on a multiple of issues such as closing the achievement gap for poor and minority students, discipline reform and the needs of special education student in Fairfax County. In this first organizational meeting I listened to stories of children not eating on weekends until they return to school; children who do not have beds to themselves and sleep in shifts with adults who work at night and students facing racial stereotypes at school.

I encourage all advocates to take time to attend the local meetings and just sit and listen to the stories. It’s the best continuing education you can do.

TWO IMPORTANT SCHOOL DISCIPLINE BILLS MAKE IT THROUGH THE VIRIGNIA ASSEMBLY

In spite of the extreme partisan contentiousness of this session in the Virginia General Assembly, there are two school discipline bills that are headed to the Governor’s desk. This represents a significant step forward for educators and advocates working on issues related to school discipline.

HB 367 passed both Houses of the General Assembly. This bill requires the state to annually publish disciplinary offense and outcome data in a format that is disaggregated by race, disability, and gender for each school. To read more about this bill click here.

HB 886 also passed both Houses and will make significant changes in how schools will deal with truancy. The movement of these two pieces of legislation through the General Assembly is due in great part to the tremendous effort of a large number of child and education advocates. Many worked through the JustChildren program of the Legal Aide Justice Center in Charlottesville. We are all thankful for their tenacious and dedicated work. Well done!

FAMILIES OF DISABLED PERSONS TO BE MOVED FROM VIRGINIA’S TRAINING CENTERS DESERVE A HEARING

On January 26, 2012 the U.S. Justice Department and the Commonwealth of Virginia filed a proposed legal settlement in the U.S. District Court in Richmond. This proposed settlement concerns the requirement for Virginia to expand community services and options for persons with intellectual disabilities who are currently placed in the five Medicaid certified “Training Centers” throughout the State.

Virginia is asking to close four of the five Training Centers, leaving one located in Southwest Virginia to serve as a crisis placement for only 75 residents (from all over the State). Appropriately concerned about the current lack of community services and Virginia’s historic failure to adequately fund community mental health services, the families of Center residents oppose the settlement agreement as it is currently proposed.

The Federal Judge presiding over this case, Honorable John Gibney, has the discretion to approve the settlement without a hearing or he can decide to hold a hearing. The families are now trying to marshal their resources to ask the court for a hearing on their objections. They deserve to be heard. To learn more click here.

CONTACT YOUR VIRGINIA LEGISLATORS TO PRESERVE SCHOOL FUNDING

The JustChildren program in Charlottesville and the Alliance for Virginia's Students are spearheading a campaign to convince legislators to preserve funding for Virginia's students. These organizations remind us that in 2005, Virginia ranked third in the nation in class size. Apparently we are now 41st.

As budgets get cut and experienced teachers, social workers and school psychologists retire, school districts are dealing with the crisis by not rehiring for positions lost by attrition. This increases the workload and stress that already exists for our educators. There comes a point when resources are stretched so thin that effective teaching suffers and there is greater risk for disproportionate treatment of students- particularly the poor.

Since the General Assembly is now in session, join these organizations by urging legislators to continue Virginia's investment in preschool programs, early reading interventions and smaller class size. Click here to see how you can help.

FOR BETTER ADVOCACY – BE CREDIBLE AND LESS ADVERSARIAL

Looking back on over 25 years as an attorney representing children and their parents in difficult cases, I have tried to identify the major lessons I have learned. In many of life’s circumstances, we learn from our own mistakes and from de-briefing the hard cases. One thing I see in the best advocates is the ability to stay focused on solving a problem while maintaining the highest level of professionalism.

Many of our clients are under heavy stress. By the time they are talking to us, they often feel that they are at the end of the rope and are caught in a difficult and highly adversarial confrontation. We owe it to them to listen carefully and to be sensitive to the battles already fought. We also need to offer our clients an objective assessment of the case and guidance to achieve real and sustainable changes. I have seen too many lawyers who believe that their job is to be the extension of their client’s anger. This approach can do real damage in child related cases.

Times are hard for obtaining services for families and children who need help. We need the best advocacy we can get. As lawyers and child advocates, let’s help each other to be prepared, to be right, and to get the job done with professionalism.

A RECENT FOCUS ON THE DISPROPORTIONATE SCHOOL DISCIPLINE OF MINORITY STUDENTS

In 2005 there was a published study from Yale University that reported a disturbing trend in expulsions of pre-kindergarten children in state sponsored preschools. The numbers showed that the expulsion rate for African American pre-school boys was 4.5 times the rate of other students. Last month the Washington Post reported that in the Washington D.C. area, minority students are suspended and expelled at a rate that is two to five times higher than white students. For those of us who work as attorneys and advocates for children, these findings are not surprising.

Examining the causes of disproportionate treatment of minority children in school is not an exercise in simple cliché assumptions. If we are going to get serious about addressing the issue, I suggest that the first step is to acknowledge that disproportionate treatment is a problem. Many just accept it as the way things are in our current society.

A search for answers should include examining the attitudes of educators to the discipline of minority students. Socio- economic, extent of parental involvement, language and cultural factors also play a role. Let’s make sure teachers have the benefit of real and effective guidance and administrative support. Finally, let’s insist that schools actually implement the tested positive behavior intervention programs that have been shown to reduce overall expulsion rates – but are not used consistently by a majority of school districts.

MEETING WITH HISPANIC PARENTS OF SPECIAL EDUCATION STUDENTS

Earlier this month I had the privilege of meeting with parents of Hispanic special education students at the Falls Church City office of PEATC (Parent Educational Advocacy Training Center). I was there for a two hour session to talk about the basics of Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs). It was a great opportunity for me to meet with these parents and to discuss the unique needs of their special needs children in Spanish. Although my Spanish fluency can certainly use improvement, we had a very interactive meeting and I learned much from these parents.

The needs of Latino parents for assistance and advocacy can be seen from several perspectives. English as a second language makes it more difficult to participate in IEP meetings where all the school staff is speaking English. Even with translators, it can be hard for parents to keep track of the team discussion while trying to review English language documents. Issues of behavior management cross the boundaries of discipline procedures and special education concerns. Understanding the scope of due process rights and remedies can also be daunting if you don’t speak the same language as a mediator. The Virginia Department of Education has a number of very useful free publications in Spanish that are available for parents and advocates online.

PEATC has been an effective education and advocacy presence in the Hispanic community for a long time and it was a real pleasure to work with them. We hope to do some more collaboration soon.