Holding the Torch

SPEAKING TO PEDIATRICIANS ABOUT SPECIAL EDUCATION

During the last few weeks I had the opportunity to present special education law workshops at training conferences for pediatricians in Virginia.  In my discussions with doctors who see hundreds of parents and children, I learned how often physicians are asked to support a parent’s request for special education eligibility or services.  Problems occur when the doctor writes a letter for the parent’s application and school personnel may correctly tell parents that the medical diagnosis is not enough – the disability must be linked to the child’s current failure to make meaningful educational progress in school.  This illustrates a serious gap between the language of medicine and the language of education.   Children and parents can get lost in the translation.

More effort should be directed to help doctors learn the language of special education so that their observations and input are seriously considered by school personnel.  The different worlds of medicine and education are both focused on helping children.  When cross training is offered and becomes a priority, children and parents benefit, and are rescued from the limbo between the teacher and the doctor.

FOR ZERO TOLERANCE SCHOOL DISCIPLINE REFORM - LOOK AT THE DISPROPORTIONATE NUMBER OF SPECIAL EDUCATION AND MINORITY STUDENTS.

The energy and activism for school discipline reform will give us a good opportunity to examine how current centralized hearing programs work – or don’t.  Recent reports from the Fairfax County Public Schools Office of Hearings and Legal reveal some important information about the type and number of students going through the system for expulsion recommendations.  The 2009-2010 annual report shows that a much higher percentage of African American and Hispanic students are the subject of expulsion and reassignment hearings, as a relative percentage of the overall student ethnic population.   The same report shows that 44% of all students considered for expulsion or reassignment were designated as special education students.  These are alarming, but not surprising numbers.

In our efforts to improve the system for meaningful student discipline procedures, we must face the question of why some student groups are disproportionally exposed to recommendations for expulsion.  The numbers in the annual reports only tell a small part of this story.  For example, we know that special education students with significant emotional disabilities may be more prone to violations of in-school infractions - and others are more prone to be the victims of bullying.

When school districts have fallen into a pattern of one-size-fits all discipline remedies, we lose the ability to turn a negative incident into a positive remedy that provides consequences and ultimately strengthens the student’s ability to re-engage in school.  It’s a multifaceted problem.  Let’s look closely at all of the facets.

STUDENT DISCIPLINE PROCEDURES ARE UNDER SCRUTINY IN FAIRFAX. THERE ARE LESSONS TO BE LEARNED HERE.

Recent Washington Post articles have highlighted the need for changes in the way Fairfax County administers its student discipline procedures.   Parent and advocacy groups are putting pressure on the Fairfax School Board to reexamine issues such as due process and one size-fits-all dispositions in case when students are recommended for expulsion for first offense violations of school regulations.  The premise and viability of so-called zero tolerance policies are finally the subject of long overdue public debate in Fairfax.  

The process of taking a hard look at student discipline is a very important opportunity for children, parents and educators.  In the process of crafting new and more effective ways of addressing school discipline we can maintain a focus on school safety, improve the effectiveness of school staff and insure fairness and due process for children and parents.  In this dialogue, I offer a few general suggestions:

• Include parents as soon as possible in the disciplinary process from the time a student is subject to an investigation for a significant violation.
• Improve due process procedures.  For example, tell students who write statements that it is voluntary- and give them a copy of their own statement.
• Save centralized administrative hearings for the most serious offenses and let principals play a primary role in deciding the special circumstances to avoid expulsion.
• Apply restorative justice techniques in appropriate cases – use discipline as a way to apply consequences with learning – avoid isolating children from the school community.
• In every case, look for ways to improve trust and collaboration between the school and the parent.

Let’s get to work.

ARE HIGH SCHOOL AGE SPECIAL EDUCATION STUDENTS ENTITLED TO POSTSECONDARY TRANSITION PLANNING AND SERVICES?

Federal Regulations require that not later than the first IEP to be in effect after the child turns 16, or younger if determined by the IEP team, a child’s IEP must include:

(1)   Measurable  postsecondary  goals related to training, education, employment and independent living skills when appropriate; and

(2)   The transition services need to assist the child to reach these goals. 34 CFR 300.320(b)

Transition plans are critically important for special education students as they age out of high school and prepare for independent living and employment.  It is often one of the most overlooked areas we see in a student’s IEP.  Too often, IEP transition plan entries are limited to a bland recitation of the child’s wishes for his or her future.  The failure of the school to provide appropriate transition planning and resources can be an actionable denial of FAPE.

  Realistic goal planning must take into consideration a child’s unique objectives and provide a path for achievement. It is one of the most important areas where advocates can help make a significant difference.

NEW YEAR RESOLUTIONS FOR CHILD ADVOCATES

Every New Year many of us take some time to examine what we do and how we do it in the field of advocacy.  In the words of Bob Dylan, “the times are a-changing” and it sometimes feels like an overwhelming task to keep up with the legal, social and political forces that impact the people we try to help.  As I think about this, I always come back to some basic tenets that have served us well and helped to keep our bearings, such as;

• See the task of advocacy as a way of solving a problem, not a battle of wills.
• Listen to the opponent to find common ground or to clarify the dispute.
• Maintain credibility and professionalism.
• Use litigation only when justified and necessary to obtain remedies.

Finally, I always try to remember the reason I became an advocate in the first place.  It is very rewarding to help a person solve a problem.  As advocates, we should always look to help and support each other in the work.  Happy New Year.

PROJECTED BUDGET CUTS FOR CHILDRENS' SERVICES WILL SERIOUSLY JEAPORDIZE ACCESS, NOT JUST QUALITY.

These days we are constantly bombarded with dire projections of budget cuts in education and mental health services that are necessary for thousands of families with special needs children.  A recent story in the Charlottesville Daily Progress reports that the Governor is considering eliminating $5million of State funds for troubled youth under the Comprehensive Services Act and cutting the State share of funding for foster care for troubled youth.  Such suggestions may very well reflect the problems with balancing a State budget, but they also speak to issues of policy and responsibility for the most vulnerable in our community.

As the State contemplates the withdrawal of resources and help to localities, we will see an increased inequality of access and opportunity throughout the State.  In short the “haves” will be able to access services provided by the local government and the “have-nots” will fall into a deeper hole than the one they already occupy. 

Access to mental health services for children is different than the “quality” of these services.  If they do not exist, then there is no access.   Before we look at eliminating needed services, we must examine the benefits that could be realized by improving the efficiency of these services.  Cost effective delivery of services can save money – it’s just harder to do than closing programs and walking away.

CIVILITY IS NECESSARY FOR EFFECTIVE ADVOCACY

Thank goodness the endless stream of political TV ads has stopped – at least until the next elections.  Some of the people who are trying to become our elected leaders are the absolute worst examples of civility in public discourse about crucial issues that affect all of us.  If you ever wanted to instruct people about how to be effective advocates – ignore these politicians.

Advocacy for children is important and it can be destroyed when relegated to the uncivil exchange of negative sound bites like we just witnessed in the mid-term elections.  Most children’s advocates actually want to get something done, not just make noise.  Effective advocacy is an art developed over years of listening to people and finding mutually beneficial ways to solve problems.  Listen to any parent of a special needs child and you will be instructed in the lesions of tolerance, flexibility and endurance.

Our work is about solving problems, not demeaning the opposition.  Without this understanding, meaningful advocacy fails and we simply join the noisemakers.

WHEN MY CHILD IS SUSPECTED OF WRONGDOING, SHOULD I ENCOURAGE HIM TO SPEAK TO THE POLICE?

Parents often feel caught in a dilemma when the police call and ask to speak with their child because he or she is a suspect in an investigation.  The police may have just knocked on the front door or called to say they are on the way.  Sometimes the call comes from a school principal reporting that the school resource police officer has already conducted an interview for a school investigation.  Parents are told that cooperation will help in determining the outcome, both in school and court.  Too often parents feel like they are the last to know and have little time to confront their own child about allegations.  They want to do the right thing but not jeopardize their child’s rights to fairness and due process.  What can be done in these situations?

The US Supreme Court has held that students do not shed their constitutional rights at the schoolhouse steps.  This includes the right to receive Miranda warnings when a child is subjected to a custodial interrogation by police.  Each case must be reviewed for unique facts to determine whether the questioning was in a custodial situation.  This term, the US Supreme Court has agreed to hear a case involving a student’s right to receive Miranda warnings during a police investigation at school.

Parents can consider some of the following factors to make decisions in these circumstances:

• Be sure you have a good understanding of the scope and purpose of the police investigation before encouraging your child to give a statement to police.
• Allow your child to consult with an attorney before any police interview – the police must respect this fundamental right.  Great care should apply when police try to interview children with special needs.
• Responsible cooperation may be a mitigating factor down the road, but people will not punished for exercising their basic due process rights.  Children should not be forced to give incriminating statements involuntarily.
• If the parent is present during police questioning, tape record the session.

US DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS DEFINES POLICY ON HARRASSMENT AND BULLYING

The US Department of Education Office for Civil Rights (OCR) has released a policy statement regarding harassment and bullying in schools.  This office is responsible for the investigation of complaints alleging violations of federal civil rights statutes in the school environment. Such complaints are thoroughly reviewed and,  if necessary, are referred to the Department of Justice for enforcement.

Although recent national attention has been focused on sensational cases of school bullying, it remains a daily ordeal for a significant number of children.  Incidents of bullying and harassment of children with disabilities occurs more often than for other students.

Some say that bullying has been around since the beginning and that kids just need to “toughen up” and get through it as part of growing up.  The fact is that bullying  does damage and it is particularly harmful to the most vulnerable in our society.  The increased attention by the DOE Office for Civil Rights is welcome, but the real effort still rests with the day to day struggles of students, parents and enlightened educators.

VIRGINIA BOARD OF EDUCATION APPROVES REVISED REGULATIONS TO ADDRESS SCHOOL FEES

Last month the Virginia Board of Education approved final regulations that address fees charged by schools for students to play sports and other activities.  The disparity in the amount and type of fees charged by school districts throughout the State has been the focus of education advocates over the past years.  Through the continuing efforts of Just Children and other advocates, the VBOE responded to what many characterized as abuses when activity fees worked a particular hardship for the poor.  

The new fee regulations strike a balance between allowing schools to raise money in the face of budget cuts and for waivers in appropriate circumstances each time a fee is charged.   The advocacy by the groups and individuals on this issue is a striking demonstration of how to effect change at the grass roots level to the benefit of students throughout Virginia.  Good job!