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<title>Special Education Law Blog</title>
<link>http://blog.foxspecialedlaw.com/</link>
<description>A special education legal resource discussing case law, news, practical advocacy advice, and developments in state and federal laws, statutes and regulations.  Postings include insight and sometimes humor from Charles P. Fox, a Chicago, Illinois attorney who is also a parent of child with special needs, and other guest authors.</description>
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<title>Programming for Twice Exceptional Students</title>
<link>http://blog.foxspecialedlaw.com/2013/03/programming-for-twice-exceptional-students.html</link>
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<description>Although it seems almost a contradiction, children can be both gifted and have special needs, such as learning disabilities. Yet, because of their unique blend of talents and challenges, these students, known as “twice exceptional” or 2e students, can be...</description>
<content:encoded><![CDATA[<p>Although it seems almost a contradiction, children can be
both gifted and have special needs, such as learning disabilities.&#0160; Yet, because of their unique blend of talents
and challenges, these students, known as “twice exceptional” or 2e students,
can be difficult to identify and diagnose.&#0160;
Often their combinations of intelligence and special needs mask each
other, leaving the child performing at grade-level. &#0160;Other 2e children have been identified as
learning disabled with teachers who may be unaware of the student’s high
cognition.&#0160; Conversely, those students
who are identified as gifted but not LD may fail to meet their potential,
leaving them underperforming, frustrated, and often with significant emotional
issues.&#0160; School districts may label these
students lazy or unmotivated, and it can be difficult for parents to convince
schools that the student has a disability that is affecting their performance
in school.&#0160; </p>
<p>&#0160;“Giftedness” is not recognized as a disability under the
Individuals with Disabilities Education Act (IDEA), and it can be difficult for
some families to obtain special programming for gifted children.&#0160; Where families live can make a
difference.&#0160; According to the <a href="http://www.nagc.org" target="_self">National
Association for Gifted Children</a>, only about half of states (28 in 2008-2009)
had a mandate to identify gifted children.&#0160;
How many of these states go further to identify those students who are
both gifted and have a disability is unclear.&#0160;
Some states, such as <a href="2.	http://www.cde.state.co.us/gt/download/pdf/TwiceExceptionalResourceHandbook.pdf" target="_self">Colorado</a> and <a href="3.	http://www.sde.idaho.gov/site/gifted_talented/twice-exceptional/docs/2E%20Manual.pdf" target="_self">Idaho</a>, have clear policies
with accompanying guidelines on their websites.&#0160;
The National Association for Gifted Children has an interesting <a href="http://www.nagc.org/index.aspx?id=37)." target="_self">web page</a> that provides data on gifted education by state, which parents may find
useful.
</p>

<p>It is difficult to know precisely how many students are
twice exceptional.&#0160; Some researchers
estimate that 2 to 5% of the learning disabled population is gifted, and that 2
to 5% of the gifted population is learning disabled.&#0160; The <a href="5.	http://www.2enewsletter.com/article_2e_what_are_they.html" target="_self">most recent</a> year in which the number
of 2e students was voluntarily tracked and reported by school districts was
2006.&#0160; That data indicated that school
districts were serving 70,000 2e students.&#0160;
The <a href="6.	http://www.nagc.org/index.aspx?id=5094" target="_self">US Department of Education</a> believes the number to be higher,
stating that up to 6% of the 6 million students served under IDEA (360,000) may
be twice exceptional. Regardless of which number is used, these untapped
students represent,<a href="7.	http://www.nea.org/assets/docs/twiceexceptional.pdf" target="_self"> according to</a> the National Education Association, a
“national resource whose future contributions to society are largely contingent
upon offering them appropriate educational experiences.&#0160; Without appropriate education and services,
their discoveries, innovations, breakthroughs, leadership, and other gifts to
American society go unrealized.”</p>
<p>IDEA is silent regarding twice exceptional students, and
qualifying these students for special education services can be difficult. School
districts may argue that a student’s passing grades or promotion from grade to
grade demonstrates that special education is not needed. However, this
contention has been rebutted by the Department of Education’s Office of Special
Education Programs (OSEP).&#0160; OSEP
publishes in the Federal Register on a quarterly basis correspondence that offers
information, guidance, and clarification on how IDEA should be implemented.&#0160; Although these opinion letters are not
legally binding, they can be persuasive to hearing officers and judges as to
the intent of IDEA.&#0160; An often quoted 1995
<a href="8.	http://www.listen-up.org/rights2/osep13.htm" target="_self">letter from OSEP</a>&#0160;explicitly states that children with high IQ’s cannot be
categorically excluded from the specific learning disability (SLD) category.&#0160; To quote the letter, “each child who is
evaluated for a suspected learning disability must be measured against his own
expected performance, and not against some arbitrary general standard.”</p>
<p>Parents may need to emphasize their child’s deficits in
social skills, communication, organization, behavior, or other areas in an
effort to obtain eligibility.&#0160; A 2010
<a href="9.	http://www2.ed.gov/policy/speced/guid/idea/letters/2010-1/redacteda011310eval1q2010.pdf" target="_self">OSEP letter</a> recognizes that children can be both gifted and learning
disabled, and should they qualify for special education services, they are
protected under IDEA.&#0160; The letter
describes as an example the high functioning student with ADHD who may qualify
under “other health impairment” to address his poor organizational skills,
trouble with homework completion, or classroom behavior.&#0160; Similarly a student with Asperger’s syndrome
might qualify under the label of Autism in order to address his poor social
skills or classroom conduct, as appropriate.&#0160;
The letter additionally states “The regulations clearly allow
discrepancies in achievement domains, typical of children with SLD who are
gifted, to be used to identify children with SLD.”&#0160;</p>
<p>This latter point is important for parents to keep in
mind.&#0160; Under IDEA 2004, school districts
are allowed to use a response to intervention approach (RTI) as part of the
process to diagnose a specific learning disability.&#0160; Some experts feel, however, that RTI may
fail to identify the 2e student given that an RTI model presupposes that
students with learning disabilities will be identified because of their failure
to make progress with an appropriate curriculum.&#0160; The 2e student, however, is likely to be
compensating for his deficits and thus appear to be making progress when in
reality he may be performing far below his potential.</p>
<p>Allison Hertog, <a href="http://www.2enewsletter.com" target="_self">an attorney</a> who herself is twice
exceptional, recommends that parents whose school districts have refused to
evaluate their 2e children for special education might look to Section 504 or
the Rehabilitation Act and the Americans with Disabilities Act (ADA) to bolster
their arguments for a case study evaluation.&#0160;
Section 504 and the ADA are civil rights law designed to ensure access
for persons with disabilities, whereas the IDEA is a special education law. The
definition of a person with a disability is deliberately broader under 504 and
the ADA compared to the IDEA.&#0160; Ms. Hertog <a href="11.	http://makingschoolwork.com/?p=694" target="_self">suggests</a> that parents argue, “My child is considered disabled under the
ADA and Section 504 and because of that disability I believe he needs special
education and I am entitled to comprehensive psycho-educational evaluation.”&#0160; Failing this argument, students who fail to
qualify under IDEA, according to Ms. Hertog, can still receive accommodations,
such as un-timed testing, on 504 Plans.</p>
<p>The range of services for children who are gifted but
learning disabled are varied and discussed elsewhere.&#0160; But for those students who are qualified by
their school districts as twice exceptional, it is important to ensure that
they receive educational programming that both remediates their deficits yet
stretches them in their strengths, such as challenging coursework.&#0160; &#0160;Parents
should be aware, however, that schools frequently tell 2e students that they
cannot participate in accelerated or AP coursework if they require their IEP
services or accommodations. Unfortunately, some schools have refused to provide
students with their accommodations, such as access to paralegals or un-timed
testing, should they take advanced coursework.&#0160;
The Office of Civil Rights, which is tasked with enforcing 504
violations, addressed this issue in a “<a href="12.	http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20071226.pdf" target="_self">Dear Colleague Letter</a>.” &#0160;(Dear Colleague Letters are similar to the
OSEP letters in their explanations and interpretations of the laws.)&#0160; The letter explicitly states, “The practice
of denying, on the basis of disability, a qualified student with a disability
the opportunity to participate in an accelerated program violates both Section
504 and Title II.”&#0160; The letter continues,
“In general, conditioning participation in accelerated classes or programs by
qualified students with disabilities on the forfeiture of necessary special
education or related aids and services amounts to a denial of FAPE under both
Part B of the IDEA and Section 504.”&#0160; </p>
<p>&#0160;It may not be an easy process to obtain services for your 2e
child, and according to Ms. Hertog, it may be necessary to obtain legal counsel
to ensure your child’s needs are met.&#0160; &#0160;&#0160;Not every 2e student will be the next Thomas
Edison or Albert Einstein, but students deserve the right to receive programming
that will enable them to reach their own level of potential.&#0160; Ultimately, we can all benefit from
appropriate programming for these students.</p><div class="feedflare">
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</div>]]></content:encoded>


<category>Inclusion</category>
<category>Learning Disability</category>
<category>Parent Advocacy</category>
<category>School Policies</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Thu, 07 Mar 2013 10:14:50 -0600</pubDate>

</item>
<item>
<title>Autism Society Reponse to Newtown Tragedy</title>
<link>http://blog.foxspecialedlaw.com/2012/12/autism-society-reponse-to-newtown-tragedy.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/12/autism-society-reponse-to-newtown-tragedy.html</guid>
<description>I am still reeling from the depth and magnitude of what happened last week with the killing of so many young children and their heroic teachers and staff. I am not sure when, if ever, I will be able to...</description>
<content:encoded><![CDATA[<p>I am still reeling from the depth and magnitude of what happened last week with the killing of so many young children and their heroic teachers and staff. I am not sure when, if ever, I will be able to make any sense of this extreme violence. However, in the media frenzy that always follows such events there have been irresponsible statements attributing autism as a possible explanation. Below is the Autism Society&#39;s reponse on this issue.</p>

Yesterday, 27
people in Connecticut lost their life through the acts of a single person.
These people were children, teachers, husbands, wives, mothers, fathers,
brothers, and sisters. Today, their families are experiencing grief that cannot
be described. Individuals impacted by yesterday&#39;s tragic shooting are in the
hearts, thoughts and prayers throughout the Autism Society network.
<p>&#0160;Some media
outlets are reporting that the shooter had a psychiatric condition; some on the
news or social media have mentioned autism. At this time no diagnosis has been
officially documented and any implication that autism might have had an impact
on the person&#39;s mindset related to the shootings is misleading. There is no
evidence or any reliable research that suggests a linkage between autism and
premeditated violence. Unfounded suggestions that connect violent actions to a
diagnosis is wrong and harmful to the millions of law abiding, non-violent
individuals living with a disability.While
we may wonder what caused anyone to commit such a violent attack, we must not
jump to conclusions and blame autism for this behavior.</p>
<p>&#0160;As with other tragedies that
have occurred in our country, the eventual actions of an individual do not
present a complete picture.&#0160;Currently, there are an estimated 1.5 million
people in the United States living with an autism spectrum disorder. The Autism
Society&#39;s&#0160;is focused on ensuring access to appropriate services for all
individuals regardless of their disability.&#0160; Unfortunately, those services
don&#39;t exist for far too many , and we must determine how best to help those &#0160;when
support services do not exist.&#0160;If our nation is to address these senseless
and tragic events and work to prevent them from happening in the future&#0160;we
must examine how our school and social service systems respond to and address
the needs of individuals. Social isolation, bullying and other red flags must
be noted, properly documented and addressed. Although these actions can never
be justified, unmet needs can result in extreme circumstances.&#0160;</p>
<p>The Autism Society emphasizes
the need for early detection, accurate diagnosis, sufficient transition
planning and effective lifespan services so that individuals and their families
can be provided the supports and services they require.&#0160;At the Autism
Society our highest priority is to offer practical resources and tools that
support individuals to push the limits of their abilities and be valued&#0160;members
of society.&#0160;It is our belief that&#0160;appropriate services and the
availability of community resources not only lead to better outcomes for
individuals living with autism they may also help to deter future tragedies.<br />
&#0160;The Autism Society network extends
throughout the country with local and state affiliates able to assist. Visit<a href="http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vMp49U8eKnA8FxSuidsR7iYX-fa-bUuS9tnRm_VUxto8PH7p5nnB4XCt0L3rPprVHsfZw7DkkD4fgeYlVy95_sZSH5NQvBCb2rgrG051ElPjhDELsqz3UIyaF9KaClJX1EZYpa7w8ad1wJpW3jq4W-b_nQE0EmIXgMep67zlVy-sgUi7XJ9GAV2mAbDWygTloww_VVRyLukn2NOopYU3bVm6Kd_3AhrjYOXyBO328PwRXTAjph6ynJ72Lfoi_qCRiEpHrV0lqkjwQ==">www.autism-society.org</a>&#0160;or join the conversation at&#0160;<a href="http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vOk88KWGrCIHFxqVBf9M8-Niova3-fsNYj6zLmSfQXQVVBeAMnIYN3Wc2bCUcK1MEIDaLJ2Op67b1OklosSbHdLs1l3l6njrXmMZ8ygfmG_e7vkrPTvYo0y8FVHuupLu-Q=">http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vOk88KWGrCIHFxqVBf9M8-Niova3-fsNYj6zLmSfQXQVVBeAMnIYN3Wc2bCUcK1MEIDaLJ2Op67b1OklosSbHdLs1l3l6njrXmMZ8ygfmG_e7vkrPTvYo0y8FVHuupLu-Q=</a>&#0160;&#0160;<br />
Our national contact center&#0160;(1-800-328-8476) is available Monday - Friday from 9:00 a.m. to 9:00
p.m. and Saturday and Sunday from 9:00 a.m. to 5:00 p.m.&#0160;(eastern time).</p>
<p>&#0160;During this difficult time we
join the nation as we keep our collective attention focused on the children and
teachers who were killed yesterday.</p>
<p>&#0160;Jim Ball, Chair, Autism
Society Board of Directors</p>
<p>Scott Badesch, Autism Society
President/COO</p>
<p>&#0160;==============================================</p>
<p>Below are resources for
parents on how to talk to our children and individuals affected by autism on
death. &#0160;Please contact our state office at 1.888.691.1270 if you are need of any support...&#0160;&#0160;</p>
<p>&#0160;There are
resources for parents that provide guidance on how to talk about crisis events
with your children.&#0160;</p>
<p>Child
Development Institute Parenting Today:</p>
<ul>
<li>How to talk to kids about tragedies in the
     media:&#0160;<a href="http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vOHGTPk1MlxN_Xo2d4U5yC_SJxpBXsSexUw_BQd6kBw2POzSvkspLqHShISYWIlLWEpr0xB0YqH88h-Sj5ZutS0lTTKlyMQNhh2-bidMjrlFtXoTewcpv8oUpeBIZwhwWxrnr7Pd7F4DF1tQGNeMnWXfvlxQyJ4oMJGRu7DjXOWBBeXO7oH_Z9iLWxRteoP7dc9JKfWC0YYtfm3Rp9RNj44olcCQnGXa29HkP0l4jjfavWy-ogXbdWBEXudUtduoNhgJWf3cwzpUSbrcuADP7jsT-nupP72Pl5loeJDyfDnrjg_yaKKsAwqZBgWUOpVM7Jn0T2Y1SZPRA==">http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vOHGTPk1MlxN_Xo2d4U5yC_SJxpBXsSexUw_BQd6kBw2POzSvkspLqHShISYWIlLWEpr0xB0YqH88h-Sj5ZutS0lTTKlyMQNhh2-bidMjrlFtXoTewcpv8oUpeBIZwhwWxrnr7Pd7F4DF1tQGNeMnWXfvlxQyJ4oMJGRu7DjXOWBBeXO7oH_Z9iLWxRteoP7dc9JKfWC0YYtfm3Rp9RNj44olcCQnGXa29HkP0l4jjfavWy-ogXbdWBEXudUtduoNhgJWf3cwzpUSbrcuADP7jsT-nupP72Pl5loeJDyfDnrjg_yaKKsAwqZBgWUOpVM7Jn0T2Y1SZPRA==</a></li>
<li>How to talk to kids about violence:&#0160;<a href="http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vMHVEgw1g-fZXwszJqi_KtCpMZILJlfvFvJlsO94yDDEX8EVhLANOhqUE_edx54DQRoBczZLYj9vZr2gMWQU8kXwmcTtrwha1FoqFpEvjGgzBlTzaPhb8CESbAnfKHebwVTMudAZk0vmzFlck871Xn8kCV6y34n7Y4tmkv-cVtcyARlHtEIyDW6kKE8nxv_yUoKndA-xm9n40LkjLvrVLqD44Zh6L_PKrANOy46_pnmTJpUjYzfU9NmHcDK8iWgnOXNq7MvbwE8I9vLbmHYhzpT54jjGDk1ps3_8QOd9J1STgpqobB2--zKL5l2Nm2q-9M=">http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vMHVEgw1g-fZXwszJqi_KtCpMZILJlfvFvJlsO94yDDEX8EVhLANOhqUE_edx54DQRoBczZLYj9vZr2gMWQU8kXwmcTtrwha1FoqFpEvjGgzBlTzaPhb8CESbAnfKHebwVTMudAZk0vmzFlck871Xn8kCV6y34n7Y4tmkv-cVtcyARlHtEIyDW6kKE8nxv_yUoKndA-xm9n40LkjLvrVLqD44Zh6L_PKrANOy46_pnmTJpUjYzfU9NmHcDK8iWgnOXNq7MvbwE8I9vLbmHYhzpT54jjGDk1ps3_8QOd9J1STgpqobB2--zKL5l2Nm2q-9M=</a></li>
</ul>
<p>Parent Tips:
Death and Grieving via Pathfinders for Autism:</p>
<ul>
<li><a href="http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vODqrt5lI-62WgvQkCZ4tdHV0cqS-uWWtN2dwbW9uOpfFcuFXd8UJg4GcB30HMDt-ajqaYkYXBjPO23Abl28RBmyoYpV6YCkkDcnvpyr7v2U4NFtX0Aavpcu4VobtlceBcX9XBcYLBHFSp8zrEDBJaIdtUzEBbjO5gMCeH5nsLsnuOLArmey_kQ9LokkCe6Uj3gVG2iShuAo5na4iXZ03OYO7PZvXqcteGotuh6JbbrWKzafo9OzpCLnC8AS-hFsYPAXidpL0EmD8WnYcygiE_OdVrb2Am3sXbZSHiQFMwLMa5Nv_OmK_aehml6eZnbdzWiq5e6RMBBM1elKMInTS5r">http://www.pathfindersforautism.org/articles/view/parent-tips-death-and-grieving</a></li>
</ul>
<p><br />
How to talk to children
with autism about death, by Jennifer Cerbasi:</p>
<ul>
<li><a href="http://r20.rs6.net/tn.jsp?e=00102WL2hRQ6vN2Tcu8u_42PsNohgL49rc4aEJzc1V0-0WTSkvDkrgqjCfSx1EvQk5keJNDBSNS3lGh_ArNJXV44JtAYaBFeilWsEsqFAlildGc-5RW75NoetBGV49nqazH3vnf44aQVmt9fi74ug9d-yxaGt1IvepkC4QDPS7uJ067vK87Qb4EPmE9X-8unuUjYXvBgaWuH4EpjO65rKu00NFdrGyYnqzkaSLE1tU89rSwkw2z_TnBEzWggpMikQFiE4CXpXOnY9Y8XBKel7VNJDzB7KvcbajIv0ChEwlbCOCkMy77VjdJnbil2HXEqyZ0qa5iJ9iuNF1vZq6lTZYjSL_YyjV9X5ZYmMYsqW0RmIg=">http://www.foxnews.com/health/2012/02/10/how-to-talk-to-children-with-autism-about-death/</a></li>
</ul>
<p>&#0160;</p><div class="feedflare">
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</div>]]></content:encoded>


<category>Autism</category>
<category>In the News</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Sun, 16 Dec 2012 13:20:46 -0600</pubDate>

</item>
<item>
<title>Overcoming My Difference By Isabelle Fiona Fox</title>
<link>http://blog.foxspecialedlaw.com/2012/11/overcoming-my-difference-by-isabelle-fiona-fox.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/11/overcoming-my-difference-by-isabelle-fiona-fox.html</guid>
<description>The following is the heartfelt wisdom and pathos from my own daughter. She is a beautiful, wonderful person who has had to face the challenges of being a sibling to a brother with special needs and the internal identity struggles...</description>
<content:encoded><![CDATA[<p>The following is the heartfelt wisdom and pathos from my own daughter. She is a beautiful, wonderful person who has had to face the challenges of being a sibling to a brother with special needs and the internal identity struggles of being adopted from China. We are all a work in progress, but her essay below captures in poignant terms her thoughts about her &quot;difference.&quot;</p>
<p>Well, if you had to ask, a difference that I have had to overcome was my family. Being adopted kind of bothered me, and my brother has spastic cerebral palsy and epilepsy. I know being unique and different is good, but this to me was VERY unusual. I mean how many people do you know have a family of an adopted daughter from China, and a son with a disability? Just as I thought, I may be the first. As you continue to read you may find yourself asking question about your own family. Just know your family is something you should appreciate and enhance.</p>

Just think, you could be starving, homeless, freezing, or abused, so don&#39;t take anything for granted.
Two years ago was the time of when being adopted started to bother me. I started asking myself &quot;why is everybody else I know not adopted? Why me?&quot; It felt awkward and isolated being the one kid with no information on their birth parents. I don&#39;t know my biological parents, where they lived, if I had siblings, the exact reason I was put up to be adopted, and many other questions. After a few lengthy talks with my parents, I came to learn the three reasons I was adopted: 1. the only one child law; 2. that my biological parents may have wanted to &quot;save&quot; me from the cruel world of young girls being mistreated. (sweat
shops, abuse, and etc);&#0160; 3. they may have not had enough money to feed me and also feed other family members.
<p>
As for my brother, he is also another very big difference separating me from my friends. Usually siblings have a special connection between them, but mine is much deeper. I really care about him! I have worries that a lot of kids my age don&#39;t worry about for years to come. Two worries I go through a lot is &quot;when I get home will he be at the hospital? What will it be like if I take care of my brother when I&#39;m older?&quot; If you were me, how would you feel knowing that an empty driveway after school could mean my brother is at a hospital? Alarming, perplexed, and/or shocked? Well, this is what exactly happened to me on May 10, 2010.
I guess now you can see how my family is different.</p>
<p> All I could think about is my being just like my friends. I overcame my family differences by accepting who I am in life and thats never going to change. The parents I have now love and care for me, and really my biological parents did love and care for me. If they didn&#39;t, then I could be starving and working in a factory with low pay. My brother&#39;s disability actually brought us closer together. Things that other people don&#39;t understand I do. I don&#39;t think anybody else will know exactly how I feel, but as I said before, &quot;our relationship is so much deeper.&quot; He can still talk and go to school like everyone else (graduated from SHS). To sum it up I know my parents try their best to make my life as &quot;normal&quot; as possible, but sometimes you can&#39;t pass by, you need to go through it.</p><div class="feedflare">
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<category>Authentic Voices</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Thu, 29 Nov 2012 17:23:57 -0600</pubDate>

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<item>
<title>The Harsh Reality of Incarcerated Youth</title>
<link>http://blog.foxspecialedlaw.com/2012/11/the-harsh-reality-of-incarcerated-youth.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/11/the-harsh-reality-of-incarcerated-youth.html</guid>
<description>The use of seclusion and restraint for children with special needs in our nation’s schools has received national attention. These practices have been deemed as cruel and dangerous, and various pieces of legislation have been proposed to eliminate their use....</description>
<content:encoded><![CDATA[<p>The use of seclusion and restraint for children with special
needs in our nation’s schools has received national attention.&#0160; These practices have been deemed as cruel and
dangerous, and various pieces of legislation have been proposed to eliminate
their use.&#0160; Yet, these <a href="http://www.sentencingproject.org/doc/NJJDPC%20Opportunities%20for%20Obama%20Administration_Final.pdf" target="_self">practices</a> are
being used on an ongoing basis on our nation’s incarcerated youth.&#0160; Up to 81,000 teens are incarcerated in
juvenile facilities on any given night, and an additional 10,000 teens are in
adult prisons. <a href="%20http://www.aclu.org/criminal-law-reform/report-too-many-teens-solitary-confinement" target="_self">According</a> to the ACLU, which released a report on
solitary confinement in October, a significant number of these facilities
isolate youth for days, weeks, months, or even years.&#0160; The use of solitary confinement, according to
the ACLU, causes “anguish, provokes serious mental and physical health
problems, and works against rehabilitation for teenagers.” </p>
<p>One of the most tragic <a href="http://books.google.com/books?hl=en&amp;lr=&amp;id=WnvAiRtFG8IC&amp;oi=fnd&amp;pg=PR1&amp;dq=juvenile+suicide+Hayes+2004&amp;ots=FbvqXIebqZ&amp;sig=6qzF5btxX5hAPu_bCmmEbsEXavw#v=onepage&amp;q=juvenile%20suicide%20Hayes%202004&amp;f=false" target="_self">outcomes</a> for incarcerated youth is
suicide, and half of teen suicides occur while youth are placed in solitary
isolation.&#0160;&#0160; A <a href="http://www.ncchc.org/resources/statements/juvenile_suicide.html" target="_self">position paper</a> published
by the National Commission on Correctional Health Care, which expresses
concern about the high rate and potential underreporting of teen suicides in
jails, states that further research is needed to delineate better the
relationship between suicide and isolation.&#0160;
Yet, <a href="http://www.aacap.org/cs/root/policy_statements/solitary_confinement_of_juvenile_offenders" target="_self">according</a> to the American Academy of Child &amp; Adolescent
Psychiatry (5), the research is in already.&#0160;
The potential psychiatric consequences of prolonged use of solitary
confinement on these “developmentally vulnerable” adolescents are “well
recognized” and include depression, anxiety, and psychosis.&#0160;</p>

<a href="6.	http://pbstandards.org/uploads/documents/PbS_Reducing_Isolation_Room_Confinement_201209.pdf" target="_self">Historically</a>, the Quakers introduced the concept of
solitary confinement in prisons they built in the 1820’s believing that
solitary confinement, when accompanied by a Bible, would encourage the prisoner
to self-reflect and repent.&#0160; Their
efforts had to be abandoned when it became clear that prisoners in solitary
went insane, committed suicide, or were unable to re-join society once their
sentences ended.&#0160; Solitary confinement
was re-introduced in this country some 50 years ago as a solution to increasingly
violent inmates, lack of staff to control prison populations, and overcrowding.&#0160; In the case of youth who are incarcerated in
adult facilities, solitary confinement affords them “protection” from the other
inmates.
<p>Incarcerated youth are already battered and traumatized
before they even enter juvenile facilities.&#0160;
Up to 70% of these youth have diagnosable mental health disorders;
another 60% have substance abuse issues.&#0160;
Additionally, many of these youth are the victims of abuse.&#0160; Hayes examined 110 suicides of
incarcerated teens that occurred between 1995 and 1999. Of these youth, 44.3%
had been emotionally abused, 34.2% were physically abused, and another 27.8%
were sexually abused.&#0160; Of these victims,
85% died during waking hours.&#0160; &#0160;&#0160;</p>
<p>&#0160;According to Hayes, almost half of the youth (47.3%) who
committed suicide were placed in isolation not for threats or actual abuse of
other inmates or staff (42.1%) but for failure to follow rules or
“inappropriate behavior.”&#0160; Others have
highlighted the concern about what constitutes “appropriate” use of seclusion
in juvenile lock-ups.&#0160; The Center for
Children’s Law and Policy <a href="7.	http://www.cclp.org/documents/Conditions/Testimony%20of%20the%20Center%20for%20Children%27s%20Law%20and%20Policy%20-%20Reassessing%20Solitary%20Confinement.pdf" target="_self">testified </a>last June before a Senate Judiciary
Committee, which was reviewing the use of solitary confinement in juvenile
facilities.&#0160;&#0160; According to the Center,
solitary confinement is appropriate only when an adolescent poses a threat of imminent
harm to himself or others and should last no longer than it takes him to regain
self-control and no longer pose a threat to himself or others.&#0160;</p>
<p>Many juvenile correctional facilities are voluntarily attempting
to reduce the use of solitary confinement.&#0160;
In 1995 the Council of Juvenile Correctional Administrators (CJCA)
developed a program called “Performance-based Standards,” which was
implemented to improve conditions of youth in confinement.&#0160; PbS has set national standards (up to 100) for
participating facilities (ie; correction facilities, detention facilities, and
assessment centers) and then collects data twice a year from these facilities.&#0160; The PbS criteria for appropriate use of
isolation of adolescents is absolutely explicit:&#0160; youth should be isolated or confined to their
rooms “only to protect the youth from harming himself or others, and if used,
should be brief and supervised.”&#0160; Any
incidents longer than 15 minutes are considered “reportable” according to PbS.&#0160; Facilities that use PbS standards are
reporting successes.&#0160; Since 2008, the use
of isolation has decreased in all facilities.&#0160;
From October 2008 to April 2012, the average time youth spent in
isolation was cut in half, from 32 hours in 2008 to 14 hours in 2012. &#0160; &#0160;</p>
<p>The ACLU, in their October report titled “Too Many Teens
in Solitary Confinement,” urges a complete ban of solitary confinement for all
youth under age 18, prohibition of housing teens in adult facilities which are
unequipped to meet their developmental needs, and strict limits on all forms of
isolation and development of discipline “proportional to the infraction.”&#0160; Given that Ned Loughran, executive
director of the Council of Juvenile Correctional Administrators, <a href="8.	http://www.specialedconnection.com/LrPSecStoryTool/" target="_self">called</a> “zero
segregation” unrealistic, participation in the PbS program seems like an
extremely constructive approach to addressing this issue.&#0160; <a href="6.	http://pbstandards.org/uploads/documents/PbS_Li_MarketingPacket.pdf" target="_self">To date</a>, 162 facilities in 29 states and
DC are participating in the program.&#0160;
These facilities have 10,450 youths in their custody.&#0160; This is a tremendous start, yet approximately
80,000 youth are currently incarcerated in more than 2000 non-PbS facilities.&#0160; Participation in the program is not
mandatory.&#0160;</p>
<p>&#0160;</p>
<p>No one is arguing that youth offenders should not be held
accountable for their actions.&#0160; But it
must happen in humane, fair, and effective ways.&#0160; Incarcerated youth have an extraordinarily
high rate of mental health issues as well as special needs.&#0160; What they need is treatment, appropriate
education, and effective rehabilitation.&#0160;
None of these things can happen while a youth is in isolation.</p><div class="feedflare">
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<category>Behaviors</category>
<category>In the News</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Fri, 23 Nov 2012 15:22:00 -0600</pubDate>

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<item>
<title>The Real Harm of Bullying</title>
<link>http://blog.foxspecialedlaw.com/2012/11/the-real-harm-of-bullying.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/11/the-real-harm-of-bullying.html</guid>
<description>October was National Bullying Prevention month. Throughout our nation’s schools, students attended pep rallies, signed petitions, wore t-shirts with anti-bully messages, and participated in anti-bully marches. Anti-bullying Facebook pages, some with extraordinary amounts of helpful resources and information, were created....</description>
<content:encoded><![CDATA[<p>October was National Bullying Prevention month.  Throughout our nation’s schools, students attended pep rallies, signed petitions, wore t-shirts with anti-bully messages, and participated in anti-bully marches.  Anti-bullying Facebook pages, some with <a href="1.	http://smartblogs.com/education/2012/10/22/bullying-prevention-more-about-listening-talking/" target="_self">extraordinary amounts</a> of helpful resources and information, were created.  It was all a wonderful display of anti-bully sentiment which ensured that everyone was thinking about bullying behavior and its consequence, at least for awhile. So what happens in November? Now that anti-bullying month has ended, what is occurring today in your child’s lunchroom or on the playground?  Were the October messages enough to reduce bullying?  What really works to help reduce bullying?
 
There is a huge amount of <a href="http://www.stopbullying.gov/resources-files/white-house-conference-2011-materials.pdf" target="_self">literature</a>&#0160;on the best methods and curriculums to defeat bullying.  Yet some of it is contradictory.  One strategy from one anti-bullying expert is deemed misguided by another.  To add clarity to this discussion, the U.S. Department of Health and Human Services has defined <a href="http://www.education.com/reference/article/Ref_Best_Practices/" target="_self">10 best practices</a> for bullying prevention.  Those 10 strategies are:
</p>
<p>1.	Focus on the social environment of the school
</p>
<p>2.	Assess bullying at your school
</p>
<p>3.	Garner staff and parent support for bullying prevention
</p>
<p>4.	Form a group to coordinate the school’s bullying prevention activities
</p>
<p>5.	Train your staff in bullying prevention
</p>
<p>6.	Establish and enforce school rules and policies related to bullying
</p>
<p>7.	Increase adult supervision in hot spots where bullying occurs
</p>
<p>8.	Intervene consistently and appropriately in bullying situations
</p>
<p>9.	Focus some class time on bullying prevention.
</p>
<p>10.	Continue these efforts over time. </p>

No one is shortsighted enough to think one month’s anti-bullying campaign is enough to put the kibosh on bullying.  Yet October’s bullying prevention month is a very real step in changing the social environment (best practice #1) at a school.  To have students declare that bullying is “uncool” can only help to make kids more mindful of bullying behavior, hopefully be repelled by it, and ultimately understand its hurtfulness.   
If modifying the school environment is effective, one strategy that some researchers argue doesn’t work is punishing the bully.  Swearer et al <a href="http://www.amazon.com/Bullying-Hurts-Teaching-Kindness-Conversations/dp/0325043566/ref=sr_1_6?ie=UTF8&amp;qid=1349753535&amp;sr=8-6&amp;keywords=lester+laminack%20 " target="_self">argue</a> that zero tolerance policies, expulsions, and suspensions have done nothing to improve the bullying climate in our schools.  Rather than isolate and punish bullies for their poor relationship skills, we need to be helping them to develop those skills.  And we need to be able to listen to them to understand why they are engaging in this behavior. According to educator Christopher Lehman of the Teachers College Reading &amp; Writing Project at Columbia University, one way to help develop relationship skills is to encourage personal reflection and thoughtful reading.   A systematic classroom approach to self-reflection (see best practices 9 and 10) can help teach empathy, kindness, and respect for diversity.  Mr. Lehman bristles at a statement made last April by David Coleman, one of the architects of the Common Core Curriculum, who said, perhaps somewhat facetiously, “No one gives a shit about what you think or what you feel.” Mr. Lehman argues that our lives are worth writing about. We all should be recording our fears, hurts, and hopes on paper to help us understand each other and build community. Mr. Lehman in particular cites the book “Bullying Hurts:  Teaching Kindness through Read Alouds and Guided Conversation,” which, as the title suggests, targets bullying behavior through thoughtful reading and writing.  The authors of the book, incidentally, perhaps in an effort to keep the book in the classroom, argue that their methodology, which teaches critical thinking skills and demands lucid argument, is very much in line with Common Core Standards.  
We can all agree that bullying is a huge problem in our nation’s schools, and it has been previously discussed on this blog.  The numbers of bullying incidents are increasing, children continue to be tormented, sometimes with tragic results, and school staff and parents are diligently looking to find solutions.  Solving this problem is going to take a lot of time and effort on the part of all stakeholders, including the students.  In line with the government’s best practices guidelines, anti-bullying efforts will need to be tackled directly in the classroom by teachers who, by virtue of the time spent with their students, are in a unique position to guide their students.  Hopefully we can empower students to stand up against bullying and understand the consequences of not acting when they see bullying. As Martin Luther King, Jr is paraphrased in the book, Bullying Hurts, “In the end, we remember not the words of our enemies, but the silence of our friends.”<div class="feedflare">
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<category>Behaviors</category>
<category>In the News</category>
<category>School Policies</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Tue, 20 Nov 2012 12:21:06 -0600</pubDate>

</item>
<item>
<title>Dental Care for Children with Special Needs</title>
<link>http://blog.foxspecialedlaw.com/2012/11/dental-care-for-children-with-special-needs.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/11/dental-care-for-children-with-special-needs.html</guid>
<description>Taking a child with special needs to the dentist can be stressful for both the child and the parent. Parents know that their child doesn’t want to see the dentist, but does the parent know if the dentist will want...</description>
<content:encoded><![CDATA[<p>Taking a child with special needs to the dentist can be
stressful for both the child and the parent.&#0160;
Parents know that their <em>child</em>
doesn’t want to see the dentist, but does the parent know if the <em>dentist</em> will want to see the child?&#0160; It’s important for parents to find out,
because results of surveys of dental students and practicing dentists indicate
that not every dentist feels prepared for or is comfortable with treating
children with special needs.&#0160;</p>
<p>Whether or not a dentist is comfortable with treating
patients with special needs appears dependent on their dental school
training.&#0160; According to a 2010 <a href="1.	http://www.ncbi.nlm.nih.gov/pubmed/21045222" target="_self">study</a>,
most dental programs are providing only limited training on treating patients
with disabilities.&#0160; Data collected from
22 dental schools in the United States and Canada showed that only 64% of
programs offered a specific course on treating the patient with special needs,
although 91% of programs addressed the topic in the clinical education.&#0160; Additionally, only 37% of schools offered a
special clinical area for treating patients with disabilities.&#0160; Fortunately, the majority of schools
indicated their intentions to increase the clinical and extramural training of
dentists with regards to special needs patients, which is good given that both&#0160;dental students and practicing dentists indicate that they
feel unprepared and that their training was inadequate to treat patients with
disabilities.</p>


<p>&#0160;A 2008 <a href="2.	http://www.jdentaled.org/content/73/8/1009/T45.expansion.html" target="_self">survey</a> by the American Dental Education Association of fourth-year dental students indicated that almost 40% felt that they
were not prepared for dealing with patients with special needs.&#0160; Along these lines, a 2004 <a href="3.	http://www.ncbi.nlm.nih.gov/pubmed/15058626" target="_self">report</a> surveyed
nearly 300 third- and fourth-year dental students from five different dental
programs to assess how well trained they felt they were to treat patients with
mental retardation and how confident they were with these patients.&#0160; No more than 70% of students received more
than 5 hours of direct training; only 51% received any clinical training.&#0160; Not surprisingly, 60% of the students
reported that they had little to no confidence in treating patients with MR. &#0160;</p>
<p>Similar results were found in a 2005 <a href="4.	http://www.jdentaled.org/content/69/10/1107.long" target="_self">study</a> of dentists
practicing in Michigan.&#0160; Of 208 &#0160;dentists surveyed, only a small percentage
said that they felt that their educations had very well prepared (1.8%) or well
prepared (10.4%) them to treat special needs patients.&#0160; More than half of the dentists felt that were
either not at all well prepared (25.9%) or not well prepared (33.8%) to treat
patients with special needs.&#0160; Not
surprisingly, those dentists who felt prepared indicated that they were more
likely to treat patients with disabilities.&#0160;
In an average week, 22.7% of dentists said that they had treated no
adults with special needs, and 51.6% of dentists had not treated any children
with special needs.&#0160;</p>
<p>&#0160;The dental profession is acknowledging that the education of
dentists with regards to treating patients with disabilities is
inadequate.&#0160; Consequently, the American
Dental Association adopted in 2010 new educational standards which state that
dentists <strong>must</strong> be competent in
assessing the treatment needs of patients with special needs .&#0160; Specifically, “<em>An appropriate patient pool should be available to provide experiences
that may include patients who’s medical, physical, psychological, or social
situations make it necessary to consider a wide range of assessment and care
options. The assessment should emphasize the importance of non-dental
considerations. These individuals include, but are not limited to, people with
developmental disabilities, cognitive impairment, complex medical problems,
significant physical limitations, and the vulnerable elderly. Clinical
instruction and experience with the patients with special needs should include
instruction in proper communication techniques and assessing the treatment
needs compatible with the special need.”</em></p>
<p>Thus, all dentists should be able to treat patients with
special needs.&#0160; And <a href="5.	http://www.nidcr.nih.gov/OralHealth/Topics/DevelopmentalDisabilities/PracticalOralCareOverview.htm" target="_self">according</a> to the
National Institute of Dental and Craniofacial Research of the NIH, most
patients with special needs can be managed in a general dental practice, which
may be why the American Dental Association does not offer a board certification
in what is known as special care dentistry.&#0160;
However, there are practices dedicated solely to the care of patients
with disabilities, and should dentists choose, they can pursue a post-doctoral
program in special care dentistry.&#0160;
Additionally, professional societies offer credentials to dentists who
have received additional training.&#0160; The American
Board of Special Care Dentistry <a href="6.	http://c.ymcdn.com/sites/www.scdaonline.org/resource/resmgr/scda_2010fellwshpdip_final.pdf" target="_self">offers</a> fellowships in Dentistry for Persons
with Disabilities.&#0160; Pediatric dentists
can be certified to treat children with special needs by the <a href="7.	http://www.abpd.org/Content/About/Mission-Vision.aspx" target="_self">American Board of
Pediatric Dentistry</a>.&#0160; Additionally, dentists
can seek <a href="8.	http://www.nidcr.nih.gov/OralHealth/Topics/DevelopmentalDisabilities/" target="_self">additional training</a>, including CEU’s, to expand their knowledge base
of the various disabilities, how the disability can affect the patient’s dental
needs, and finally, how to best manage the patients.&#0160;</p>
<p>So how should parents go about finding a dentist for their
child with special needs?&#0160; There are
numerous <a href="9.	http://www.ehow.com/how_2139146_select-dentist-special-needs-children.html" target="_self">articles</a> on the web with suggestions on how parents should go
about this process.&#0160; Parents can also consult
the Diplomate Roster from American Board of Pediatric Dentistry for pediatric
dentists <a href="10.	http://www.abpd.org/Diplomate-Roster.aspx" target="_self">certified</a> in special health care needs or the American Board of
Special Care Dentistry for names.&#0160; Parents
can also seek referrals from their child’s physicians or specialists, from other
parents whose children share their child’s disabilities, or from local organizations
associated with the specific disability.&#0160;
Parents should visit the office and interview the dentist on the
dentist’s (and his or her staff’s) comfort on dealing with children with
disabilities and specifically if they have treated patients with their child’s
needs. Parents should also pose “what if” questions to determine what the
dentist is prepared or not prepared to do.&#0160;</p>
<p>Visits to the dentist can be stressful with any child.&#0160; But for the child with special needs, they
can be much more so.&#0160; With some advanced research,
parents should be able to identify the dentist and practice which is most able
(and willing) to provide care for their child.&#0160;
The right dentist and staff can help reduce everyone’s stress by
treating the child appropriately and with understanding of his or her unique
needs.</p><div class="feedflare">
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<dc:creator>Charles Fox</dc:creator>
<pubDate>Fri, 16 Nov 2012 09:19:49 -0600</pubDate>

</item>
<item>
<title>Teaching Critical Skills to Become a Learner Not Just a Student</title>
<link>http://blog.foxspecialedlaw.com/2012/11/teaching-critical-skills-to-become-a-learner-not-just-a-student.html</link>
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<description>That standardized test scores can accurately predict whether a student will attend college, be gainfully employed, and be successful in life have become the bulwark of educational policy in this country. How kids “measure up” on tests are linked not...</description>
<content:encoded><![CDATA[<p>That standardized test scores can accurately predict whether
a student will attend college, be gainfully employed, and be successful in life
have become the bulwark of educational policy in this country.&#0160; How kids “measure up” on tests are linked not
only to teacher performance evaluations, but also to determinations of whether
or not a school is considered successful or a failure under No Child Left Behind.
But standardized tests don’t tell the whole story about a student.&#0160;&#0160; In fact, some <a href="1.	http://ccsr.uchicago.edu/sites/default/files/publications/Noncognitive%20Report.pdf" target="_self">researchers</a>&#0160;now argue that
a student’s grades are better predictors of overall success in life than
standardized scores.&#0160; Those seemingly
intangible <a href="2.	http://www.thisamericanlife.org/radio-archives/episode/474/back-to-school" target="_self">factors</a> which keep a student in school and persevering—resilience,
self-control, and grit--may be far more important in the long run than
short-term mastery of course content.&#0160;&#0160;</p>

James Heckman, a Nobel
prize-winning economist, started the discussion when he compared how students
who earned a GED fared in life compared with students who earned regular high
school diplomas. Presumably the two
groups would have comparable college graduation rates, salary earnings, and
career and marriage stability.&#0160; As an
economist, Heckman was intrigued by the idea that a traditional four-year high
school education could be taught in a 32-hour GED course.&#0160; Not surprisingly, on every measure in which
the two groups were compared, students who graduated high school did far better
than students with GEDs, who performed only marginally better than high school
drop outs.&#0160; Clearly, passing the GED test
wasn’t an accurate reflection of future success in life.&#0160; Something was being missed.&#0160;
<p>Those clusters of skills that keep
students in high school or help them earn better grades have been labeled by
economists as non-cognitive skills, by <a href="3.	http://www.paultough.com/the-books/how-children-succeed/extras/" target="_self">psychologists</a> as personality traits, and
by neuroscientists as executive function. And scientists believe that
unlike innate traits like intelligence, which are measured by IQ tests and
generally remain a static number, these non-cognitive skills can be taught. The
implications for teaching these skills can be huge. In particular, Paul Tough,
the author of <em>How Children Succeed,</em>
suggests that mastery of these skills can counteract the effects of poverty for
some students.&#0160;&#0160;</p>
<p>We are all familiar with the
so-called achievement gap, where children raised in poverty overall do poorly
in school or on standardized tests.&#0160;
Chaotic home lives and dysfunctional families create high stress for these
kids as can be measured by their increased levels of cortisol or adrenaline
(they are in a perpetual fight or flight response).&#0160; And functional brain scans demonstrate
that&#0160; children who have been abused or
who live in great stress have measurably smaller pre-frontal cortexes--the site
in the brain associated with self-control, certain types of reasoning and
memory, attention, and executive function—all skills necessary to be successful
in school.&#0160; Basically, it’s not the lack
of resources in a child’s home which dictate that he will do poorly in
school—it’s his levels of stress as he grapples with uncertainty and
disorder.&#0160; One University of Virginia <a href="4.	http://www.law.virginia.edu/html/news/2012_fall/ryan_qa.htm" target="_self">law
school professor</a> has gone so far as to argue that federal education law
should be changed to reflect that poverty is disabling to a child.&#0160; </p>
<p>So how can these non-cognitive skills can be taught in a
classroom?&#0160; The National Center for
Education <a href="5.	http://ies.ed.gov/ncer/pubs/20112001/index.asp" target="_self">Research</a> studied a variety of school-based character development
programs from the 1980s and 1990s and found that they were largely ineffective
in changing students’ social and emotional competence, behaviors, and academic
performance.&#0160; Paul Tough <a href="6.	http://www.washingtonpost.com/blogs/answer-sheet/wp/2012/10/23/how-children-succeed-qa-with-paul-tough/" target="_self">acknowledges</a>
that we lack ideal models for teaching these traits and that some of the ones
he feels are most effective are not-school based and instead rely on coaches or
mentors.&#0160; Additionally, Mr. Tough argues
that some of this work needs to occur at a very young age, even before the
child starts school.&#0160;</p>
<p>A <a href="7.	http://www.washingtonpost.com/blogs/answer-sheet/wp/2012/10/23/how-children-succeed-qa-with-paul-tough/" target="_self">report</a> from the University of Chicago Consortium on
Chicago School Research titled, “Teaching Adolescents to Become
Learners:&#0160; The Role of Noncognitive
Factors in Shaping School Performance,” examines the literature in an effort to
determine in a scientific fashion how teachers can help teens to develop non-cognitive
skills, namely; academic behaviors, academic perseverance, academic mindsets,
learning strategies and social skills.&#0160;
The report ultimately outlines five key learning strategies:&#0160; study skills, metacognitive strategies,
self-regulated learning time management, and goal-setting.&#0160; How these non-cognitive factors interact with
one another, the context (school and classroom) in which they can be developed,
and what the critical “levers” are to improving grades are all considered.&#0160; Ultimately, teachers need guidance an how to
translate the research into practice within the classroom.&#0160;</p>
<p>&#0160;Not every child raised in poverty is doomed to remain in
poverty, but the cards are stacked heavily against the child.&#0160; But this new research and theories offer new
hope for these children. According to a broadcast this past September on <em>This American Life</em>, from which most
of the information in this blog comes, 87% of students in the Chicago public
schools are low-income.&#0160; Very few of
these students can realistically aspire to getting a college degree because the
reality is that only 8% Chicago high school freshman will go on to receive a
four-year college degree.&#0160; But by
teaching these non-cognitive skills, as James Heckman said, we have the
potential to shape human capability, not just provide financial handouts.&#0160; Teachers can’t cure poverty, but perhaps they
will have additional tools in their efforts to effect change in the lives of
their lower-income students.&#0160; The work of
Mr. Tough, Mr. Heckman, and others may prove very important in this
effort. &#0160; &#0160;&#0160;</p><div class="feedflare">
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</div>]]></content:encoded>


<category>School Policies</category>
<category>Special Education News</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Tue, 13 Nov 2012 09:18:56 -0600</pubDate>

</item>
<item>
<title>Travel Training a Key Missing Piece in Transition Plans for Students with Disabilities</title>
<link>http://blog.foxspecialedlaw.com/2012/11/travel-training-a-key-missing-piece-in-transition-plans-for-students-with-disabilities.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/11/travel-training-a-key-missing-piece-in-transition-plans-for-students-with-disabilities.html</guid>
<description>Young adults with moderate to severe disabilities who age out of special education if at all possible must have the skills to navigate safely through their community using public transportation for the purposes of employment, post-secondary education or training, or...</description>
<content:encoded><![CDATA[<p>Young adults with moderate to severe disabilities who age
out of special education if at all possible must have the skills to navigate
safely through their community using public transportation for the purposes of
employment, post-secondary education or training, or recreation or
leisure.&#0160; To lack these skills means that
these young adults may effectively be trapped in their homes due to their
constant dependence upon others for transportation.&#0160; “Travel training,” as this skill is called,
can be taught, preferably well before the completion of high school.&#0160; (A different skill is taught to young adults
who are blind or visually impaired.)&#0160; However,
travel training is an often under-looked yet vitally important component of a
child’s transition plan.&#0160; The Government
Accountability Office<a href="www.specialedconnection.com" target="_self"> cites </a>limited access to reliable public transportation as
a major obstacle for individuals with disabilities and may be one of the
reasons for the high unemployment rate among young disabled adults compared to
their peers (13.5% vs. 7.3%). &#0160;</p>
<p>Transition plans, which are the blueprint to assist the
child in reaching his post-high school goals, are developed as part of an IEP
usually when the child turns 14 but no later than 16.&#0160; A thoughtfully written transition plan will
carefully delineate the steps needed to ensure the student can achieve those post-high
school goals.&#0160; And for appropriately
identified students, travel training can be a key related service in the
transition plan.
</p>

<p>&#0160;Who can provide this service?&#0160; Travel training can be <a href="2.	http://www.projectaction.org/Training/TravelTraining.aspx" target="_self">provided</a> by the
schools as long as school personnel themselves receive travel training from
organizations such as Easter Seals, which is attempting to establish standards
and certification in this area. &#0160;Travel
training may also be offered through public transit agencies or human service
agencies.&#0160; The field of travel training
is burgeoning as new populations, such as the elderly who are trying to maintain
independence as they age, are requesting this type of training.&#0160;</p>
<p>&#0160;Given the diverse groups that now offer training, parents
need to do some research to determine what constitutes a good training program,
which should be much more than sitting in a classroom watching a film on taking
the bus.&#0160; One group that offers <a href="3.	nichcy.org/wp-content/uploads/docs/ts9.pdf" target="_self">detailed
information</a> on what to look for in a program is the National Dissemination
Center for Children with Disabilities (NICHCY). &#0160;One program in particular, which was started
by Margaret Groce in the New York City Public Schools in 1970 and has now
graduated more than 13,000 students, serves as a model for other budding
programs.&#0160;</p>
<p>&#0160;According to Ms. Groce, programs need to be tailored to the
specific student, utilizing his or her strengths and acknowledging
weaknesses.&#0160; The program should offer
direct instruction, usually one on one, and will lead to the youth being able
to “solo” in the world.&#0160;&#0160; Before
embarking on a travel training program, students need to be aware of their own
personal space, their environment, and be able to recognize and respond to
danger, all skills which should be introduced as early as elementary school. Although it is helpful for the student to
be able to read, tell time, and use simple math, lack of these skills is not a
reason to exclude the student from training.&#0160;</p>
<p>&#0160;Travel training starts in the student’s home where his or
her functional skills are assessed by the trainer.&#0160; The family must consent to the training and
agree to allow the young adult to travel independently once the course is
successfully completed.&#0160; Completion of
the course entails a long list of skills that students must master with
100% accuracy:&#0160; crossing streets safely,
with and without traffic lights; boarding a correct bus or subway; recognizing
where to exit their transport; making decisions; knowing when to ask for help
and from whom; following directions; recognizing and avoiding dangerous situations
and obstacles; behaving appropriately; handling unexpected situations; and dealing
appropriately with strangers.&#0160; Students
will first travel with their trainers, then they will travel independently with
a trainer shadowing them, and ultimately, students will be able to solo on
their own.</p>
<p>&#0160;Learning to travel solo can be an anxiety-provoking task for
both the student and family, but it must be taught where it is appropriate. &#0160;The ability to navigate safely and
independently in the community is essential for the transition to the adult
world.&#0160; With thoughtful planning,
deliberation, and a program tailored specifically to the needs of particular
students, young adults with disabilities can confidently venture out on their
own.</p><div class="feedflare">
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</div>]]></content:encoded>


<category>School Policies</category>
<category>Transition</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Mon, 05 Nov 2012 15:25:00 -0600</pubDate>

</item>
<item>
<title>Sleeping Difficulties Prevalent in Students with ASD</title>
<link>http://blog.foxspecialedlaw.com/2012/11/sleeping-difficulties-prevalent-in-students-with-asd.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/11/sleeping-difficulties-prevalent-in-students-with-asd.html</guid>
<description>Many children have difficulty sleeping. But a disproportionate number of children with special needs have sleep problems. Anywhere from 49 to 89% of children with autism spectrum disorders, 25 to 50% of children with ADHD, and 34 to 86% of...</description>
<content:encoded><![CDATA[<p>Many children have difficulty sleeping.&#0160; But a disproportionate number of children
with special needs have sleep problems.&#0160;
<a href="1.	http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1281388/" target="_self">Anywhere</a> from 49 to 89% of children with autism spectrum disorders, 25
to 50% of children with ADHD, and 34 to 86% of children with cognitive
impairments are estimated to experience sleep difficulties.&#0160; Additionally children with other syndromes,
such as Angelman or Down syndromes, are also reported to have sleep
difficulties.&#0160; But what is not known is
if the learning problems cause the sleep problems, or if the sleep problems
cause the learning problems.&#0160;<a href="2.	http://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=1&amp;ved=0CCEQFjAA&amp;url=http%3A%2F%2Fwww.psychologytoday.com%2Fblog%2Fchild-sleep-zzzs%2F201210%2Fearly-sleep-problems-and-later-special-education&amp;ei=vIiFUOTpEeOiyAHHiICICA&amp;usg=AFQjCNEpE7JSzGmRraRKA2nsvnjnyAFR5Q&amp;sig2=dIrMP4mzMPKrFDeRyvz_lQ" target="_self"> Dr. Bonuck
and her associates</a>&#0160;from the Albert Einstein College of Medicine attempted
to answer this question in a prospective study just published in <em>Pediatrics</em> by looking for an association
between sleep difficulties in young children with a later need for special
education services.</p>
<p>&#0160;Prospective studies follow a specific population (or cohort)
over time, identify certain risk factors, and see how these factors affect
outcomes over time. The Avon Longitudinal Study of Parents and Children (also
known as ‘the Children of the 90s’ study) is one such cohort that had enrolled approximately
85% of pregnant women in Avon, England in 1991-1992, allowing for a large
population-based study.&#0160; The initial
cohort in the study, which was used by Dr. Bonuck and her associates for their
research, comprised more than 13,000 infants, but children with any known condition
that might lead to a disability or was associated with a disability were excluded.&#0160;</p>
<p><a target="_self"></a>
</p>
Dr. Bonuck <a href="http://pediatrics.aappublications.org/content/130/4/634.abstract" target="_self">examined</a> the effects of sleep disordered
breathing and behavioral sleep problems on children.&#0160; Parents of the children in the study had reported
on their child’s sleep at 6, 18, 30, 42, and 57 months.&#0160; Based on parent report, children were divided
into two groups.&#0160; Those with sleep
disordered breathing (SDB) either snored, had apnea, or mouth breathed.&#0160; Those children with behavioral sleep problems
(BSPs) refused to go to bed, had trouble settling, awoke during the night, or
had nightmares.&#0160; For the SDB group, 11,049
children were identified; For the BSP group, 11,467 children were identified.&#0160; Researchers found that children with sleep
disordered breathing had an approximately 40% increased risk of needing special
education services by age 8.&#0160; The need
for special education services increased to 60% for those children in the worst
symptom cluster.&#0160;&#0160; For those children
with behavioral sleep problems, the risk of needing special education services
increased approximately 7% per year of reported symptoms.
<p>&#0160;The <a href="4.	http://www.medpagetoday.com/Pediatrics/GeneralPediatrics/31477" target="_self">Avon Longitudinal Study</a> cohort was also used in an
earlier study by Dr. Bonuck, which demonstrated that children with sleep
disordered breathing from 6 to 69 months had a 60% higher risk of behavioral&#0160; problems, including hyperactivity, anxiety,
and depression, by ages 4 and&#0160; 7.&#0160; <a href="1.	http://parenting.blogs.nytimes.com/2012/03/05/sleep-disorders-can-cause-behavioral-problems/" target="_self">According</a> to Dr. Bonuck, disordered
breathing, such as occurs in apnea or snoring, may mean that the brain is
getting too little oxygen or too much carbon dioxide, which may in turn affect areas
of the brain used for paying attention or regulating emotion.&#0160;</p>
<p>&#0160;These studies do not prove cause and effect; they merely
show an association.&#0160; But in the eyes of
the researchers, children with these sleep issues may very much be at risk of development
of long-term disabilities due to their sleep difficulties.&#0160; Thus, Dr. Bonuck argues that sleep disorders
must be considered neither routine nor normal, or in the case of children with
special needs, expected.&#0160; Pediatricians
need to screen for and treat sleep problems, particularly in the child’s first
year of life, to avoid future difficulties for the child.&#0160; Whereas many parents regard snoring as a sign
that their child is getting a good night’s sleep, in reality the snoring can be
indicative of obstructive sleep apnea or enlarged tonsils, which can be
treated. &#0160;Of children with special
needs, only about half of children with sleep disorders are treated. Ultimately
a good night’s sleep will benefit everyone, not only the child, but also his or
her exhausted parents.</p><div class="feedflare">
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</div>]]></content:encoded>


<category>Autism</category>
<category>In the News</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Fri, 02 Nov 2012 15:19:00 -0500</pubDate>

</item>
<item>
<title>Educating Students with High Functioning ASD: Part 2- A Personal Story by Marilyn Green Rebnord</title>
<link>http://blog.foxspecialedlaw.com/2012/10/educating-students-with-high-functioning-asd-part-2-a-personal-story.html</link>
<guid isPermaLink="true">http://blog.foxspecialedlaw.com/2012/10/educating-students-with-high-functioning-asd-part-2-a-personal-story.html</guid>
<description>In doing research on finding appropriate placements for students with either high-functioning autism or Asperger’s syndrome, I got side tracked by a little jewel of an article that had appeared in a magazine published by the National Education Association. Titled...</description>
<content:encoded><![CDATA[<p>In doing research on finding appropriate placements for
students with either high-functioning autism or Asperger’s syndrome, I got side
tracked by a little jewel of an article that had appeared in a magazine
published by the National Education Association. &#0160;Titled “<a href="http://www.nea.org/home/42315.htm" target="_self">Square Pegs: &#0160;Kids with Asperger Syndrome are Hoping You’ll
Help Them Find a Place in the Classroom that Fits Just Fine</a>,” the article
quotes Lucas, a young man with Asperger’s who had just graduated high
school.&#0160; According to Lucas, “You’ve heard
people say we don’t want to be square pegs in round holes, we want to be square
pegs in square holes.&#0160; To me that means
we don’t need to be fixed.&#0160; We’re not
broken people.&#0160; We just need to be
understood.” What Lucas is asking for—understanding--is what is essential to
ensure a successful placement for the child with high-functioning autism or
Asperger’s.</p>
<p>&#0160;Teachers who are willing to go the proverbial extra mile may
discover that children on the spectrum can contribute enormously to their
classrooms.&#0160; These children can shine
brightly with a teacher who appreciates who they are and shows classmates by
example how to treat the child with autism or Asperger’s with respect. &#0160;&#0160;Children who are placed with rigid, top-down
disciplinarians are probably not going to do so well.&#0160; Everyone—the child, the teacher, the
principal, and the family—are going to be miserable.&#0160; And some children simply cannot have their
needs met in a mainstream classroom.&#0160;</p>

Although we had some bad years in schools with our son, we
were mostly fortunate to have teachers who wanted to understand him and tried
to include him.&#0160; Could it have been
better?&#0160; Of course it could have been
(did it not occur to anyone that a kindergartener who spent his year behind the
bookshelf playing by himself probably needed help?).&#0160; Some years we had teachers who complained
that he was inattentive and spent his class time doodling maps and hurricanes
on his school papers.&#0160; Other teachers
were willing to understand that this was how our son communicated his stress
and responded accordingly.&#0160; One teacher
took to heart instructions from my son’s psychologist on how to restrict his
then obsession with hurricanes.&#0160; To my
son’s delight, the teacher allowed him to present a 5-minute hurricane update
to his class each morning, after which he was to be done talking about
hurricanes for the day.&#0160; In middle school
one teacher complained when his new special interests (U.S. presidents and
military history) intruded into the classroom.&#0160;
Another, more thoughtful teacher guided him onto the scholastic bowl
team.&#0160; (Allow me to brag—his “scho-bowl”
team was first in state by his junior year in high school.&#0160; Who knew that an obsessive interest in revolutionary
war generals could earn respect from your peers?)
<p>&#0160;High school can be merciless for many kids, not just the
ones on the spectrum.&#0160; Unfortunately, one
of the sad realities for kids on the spectrum is that they are frequently
bullied.&#0160; A <a href="http://well.blogs.nytimes.com/2012/09/03/school-bullies-prey-on-children-with-autism/" target="_self">recent study</a> indicated that
46% of children on the spectrum are bullied compared with 10.6 % of children in
the general population. When our son
was young, we found it a mixed blessing that he seemed to lack the awareness to
recognize when he was being bullied.&#0160; One
call I received from his elementary school was actually about my then 5<sup>th</sup>
grade older son, who had fallen apart after witnessing his brother being teased
on the playground as he was “hurricaning” by himself.&#0160; (Does any parent of a child on the spectrum
need me to explain this verb?)&#0160; According
to the kind teacher who made the call, my older son was sobbing in the nurse’s
office while the erstwhile bully was cooling his heels in the principal’s
office.&#0160; I would like to say that the
school social worker was out on the playground with my younger son to take
advantage of a “teachable moment,” but I’m afraid it just wasn’t so.&#0160;</p>
<p>&#0160;By the time my younger son reached high school, his brother
was 6 ½ feet tall and on the varsity basketball team.&#0160; It would have been a foolish student who
opted to pick on my son with “big brother” in the building.&#0160; Another hero came into my son’s life in the form
of the basketball coach who invited him to join the team as the business
manager.&#0160; We all know that spectrum kids
are particularly vulnerable in high school lunch rooms, but freshman year my
son ate with members of the varsity basketball team.&#0160; In my book those boys are champions, and I’m
not just referring to their trophies in the main hallway at the high school.&#0160; My son also discovered Model UN, where he not
only was allowed to speak non-stop on a topic which interested him without
regard to his listener, but he also could earn awards for it!&#0160; And to think we had spent years and who knows
how much money on pragmatic speech therapy for him.&#0160; Between his extracurricular activities with
the basketball team, the scholastic bowl team, and the Model UN, as well as the
support of a wonderful resource teacher, my son was able to find a niche for
himself in an extremely large, exceedingly competitive suburban high
school.&#0160; And most importantly, he was
happy.</p>
<p>&#0160;I’ve always loved the poem attributed to Digby Wolfe,
“<a href="http://www.specialink.com/e-curbcuts/maincategories/diffKids.htm" target="_self">Here’s to the Kids who are Different.</a>” I first ran into it when it was posted on the wall of one of the developmental
therapy centers where my son received services.&#0160;
Its reassuring message that “as history has shown, it’s their
differences that make them unique” made me both smile and reassured me.&#0160; &#0160;But
I’m fully aware that my son was exceedingly lucky; his disorder is fairly mild,
and in school he found caring teachers who were willing to support him and by
extension, peers who were willing to accept him and even be his friends.&#0160; Unfortunately, not every child is so
fortunate. &#0160;</p><div class="feedflare">
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</div>]]></content:encoded>


<category>Authentic Voices</category>
<category>Autism</category>

<dc:creator>Charles Fox</dc:creator>
<pubDate>Wed, 31 Oct 2012 15:15:00 -0500</pubDate>

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