5 Lies About Special Education Transportation, and How You Can Overcome the Lies and Get Your Child

Are you the parent of a child with autism or a physical disability, that receives special education services? Does your child need transportation services? Do you think that special education personnel are not being truthful about what the federal special education law (IDEA 2004) says about transportation? This article will be discussing 5 lies that are commonly told to parents about transportation. Also, discussion on how to overcome these lies to help your child receive needed, transportation services.

Lie 1: We can keep your child on the bus for as long as we want. While IDEA 2004 does not address length of bus ride, long bus rides can be negatively affecting a child's education (causing stress, negative behavior). The Office of Special Education Programs (OSEP) stated in a policy letter to anonymous (1993) that lengthy bus rides may be discriminatory, and may result in denial of FAPE. Why could a long bus ride be discriminatory? If children with disabilities are on the bus longer than children without disabilities, this could be considered discrimination.

Lie 2: No one says that we have to provide transportation to your child, and we are not going to. Transportation is considered a related service and needs to be given to a child, if they need the service so that they can receive a free appropriate public education (FAPE).

Lie 3: The transportation director makes decisions about whether a child needs transportation not the IEP team. In a document from OSEP entitled Questions and Answers on Serving Children with Disabilities Eligible for Transportation OSEP states "The IEP team is responsible for determining if transportation is required to assist a child with a disability to benefit from special education and related services …" If your child needs transportation make sure that it is listed in your child's IEP as a related service (if child not riding regular education bus).

Lie 4: The state says that we can bring your child to school 15 minutes late every day, and take her out 15 minutes early due to transportation issues. Ask the school to show you in writing any documentation that proves that they have the right to do what they want to do. In the above example you could ask for "Please show me in writing where it states that our State Department of Education is allowing cutting short of education due to transportation issues!"
Actually the above OSEP document makes it clear that the school day for a child with a disability should not be longer or shorter than the school day for general education students. Since a child would receive less educational time this could also be a denial of FAPE.

Lie 5: If you want your child to participate in extracurricular activities then you must provide transportation, we do not have to. Actually IDEA 2004 states that a child with a disability has a right to transportation for required after school activities as well as for extracurricular activities. Make sure that the extracurricular activity is listed on your child's IEP, and also listed that they require transportation in order to participate in the activity.

How do you overcome these transportation lies?

1. Learn about transportation requirements in IDEA 2004 (which is the federal special education law). I use the book Special Education Law 2nd edition from Peter and Pam Wright, which is fantastic. This book as well as a lot more advocacy information for parents can be found at: http://www.wrightslaw.com .

2. Call your states Parent Training and Information Center (PTIC) for help with advocating for transportation issues.

3. Bring all of the above information to an IEP meeting to assist you in your advocacy.

Good luck in your advocacy!

Special Education Acronyms – What Do All Those Letters Mean?

Do you sometimes wonder what some of the Acronyms in special education mean? Do the acronyms make your head spin? This article will discuss common special education acronyms and what they mean. This will make it easier for you to actively participate in your child with disabilities education.

1. FAPE: stands for Free Appropriate Public Education. Each child has the right under IDEA to receive a free appropriate public education.

2. IDEA: stands for the Individuals with Disabilities Education Act; which is the federal law that applies to special education.

3. IDEA 2004: This is the federal law that was reauthorized in 2004. If you see this in an article, it usually means that something was changed in IDEA, by the reauthorization in 2004.

4. LEA: stands for the local educational agency, which is your local school district.

5. SEA: stands for the state educational agency, which is your states board of education.

6. IEP: stands for the Individual Educational Plan, which must be developed for every child that receives special education services.

7. LRE: stands for Least Restrictive Environment. LRE means that children with disabilities need to be educated in the least restrictive environment, in which they can learn. LRE starts at the regular classroom, and becomes more restrictive.

8. NCLB: stands for the No Child Left Behind Act.

9. IEE's: stands for an Independent Educational Evaluation. These are proposed and paid for by parents, to help determine their child's disability or educational needs.

10. IEE's at Public Expense: stands for an IEE where the school district pays for it. There are rules that apply to this, that you must learn before requesting an IEE at public expense. Many special education personnel try and do things that are not allowed under IDEA, so you need to educate yourself.

11. ASD: stands for Autism Spectrum Disorder, which some school districts use in their paperwork.

12. ADD: stands for Attention Deficit Disorder.

13. ADHD: stands for Attention Deficit Hyperactivity Disorder.

14. PWN: stands for Prior Written Notice. Parents must be given PWN when the school district wants to change things in the child's IEP. (such as eligibility, change services, refuse to change services etc.).

15. ABA: stands for Applied Behavioral Analysis that is an educational treatment for Autism.

16. SID: stands for Sensory Integration Disorder. A lot of children with Autism have difficulty with sensory integration.

17. SPD: stands for Sensory Processing Disorder which is the same as above, but some people in the special education field, call it different names.

By understanding the acronyms used by special education personnel, you can be a better advocate for an appropriate education for your child.

Over-Identification of Minority Children in Special Education – What Can Be Done?

Are you concerned about the amount of minority children that are being diagnosed with disabilities in your school district? Are you worried about the large numbers of African American boys receiving special education services? Are you concerned about your child who is in a minority group and being found eligible for special education! Much has been written in the past several years about the increased numbers of poor African-American children receiving special education services. This article will discuss this issue, and also underlying causes of this.

In 1975 when the Education for All Handicapped Children Act was passed Congress found that poor African-American children were being placed in special education much more often than other children. These difficulties continue today. In the Findings section of IDEA 2004 Congress stated about the ongoing problems with the over-identification of minority children including mislabeling the children and high drop out rates.

About 9% of all school age children are diagnosed with a disability and receive special education services. But African-American children receive special education services at a rate about 40% higher than the national average across racial and ethnic groups at about 12.4%. Studies have shown that schools that have mostly white students and teachers, place a disproportionately high number of minority children in special education.

Also, rates of mental retardation and emotional / behavioral disturbance are extremely elevated within the African-American population, roughly twice the national average. Within the African-American population the incidence of mental retardation is approximately 220% higher than other ethnic groups. For emotional / behavioral disturbance the incidence is approximately 175% higher than other ethnic groups.

Factors that may contribute to disabilities include:

1. Health issues like prenatal care, access to medical care, child nutrition, and possible exposure to lead and other pollutants.
2. Lack of access to good quality medical care as well as services for any mental health disorders.
3. Cultural issues and values ​​or stigma attached to disability
4. Discrimination along the lines of class and race!
5. Misdiagnosis of the child's behavioral and academic difficulty.

A few ideas that could help decrease the over identification:

1. Better keeping of data to include increased information about race, gender, and race by gender categories. More detailed, systematic, and comprehensive data collections would provide a better sense of demographic representation in special education that could better help understand this issue.

2. More analytic research is needed to improve our understanding of the numerous factors that independently or in combination contribute to a disability diagnosis.

3. More people that are willing to help advocate for children in this situation. I believe that some of this issue, is related to the inability of some special education personnel to understand cultural differences.

4. Better and clearer guidelines for diagnosing disabilities that could reduce the potential for subjective judgments that are often cited for certain diagnosis.

5. More improvements are needed in general education to help children learn to read and keep up with their grade and age appropriate peers.

I hope over time this issue will get resolved so that all children receive an appropriate education.

5 Qualities of a Good Special Education Advocate

Are you the parent of a child with autism that is having a dispute with school personnel, and would like some help? Are you the parent of a child with a learning disability, or another type of disability, that could use an advocate to help you in getting an appropriate education for your child? This article will give you 5 qualities that make a good special education advocate

An advocate is a person that has received special training, that helps parents navigate the special education system. In some cases the advocate is a parent of a child themselves, but this is not always the case. Before you hire an advocate check on their experience, and also make sure that the advocate is familiar with your child’s disability, so that they are able to advocate effectively

Qualities:

1 A good advocate must be familiar with the federal and state education laws that apply to special education, and be willing to use them, when needed. This is the Individuals with Disabilities Education Act (IDEA), State rules for special education (how they will comply with IDEA), and No Child Left Behind Act (NCLB). The advocate does not have to memorize the laws, but should have a basic knowledge of what is in them. The advocate must also be willing to bring up the laws, at IEP meetings, if this will benefit the child.

2. A good advocate should not make false promises to parents. If an advocate tells you. that they will get the services that you want for your child, be leery! Unfortunately, there are no guarantees in special education, and advocates should not promise things that they may not be able to get. An experienced advocate who knows the law and your school district, should have a sense about what can be accomplished.

3. A good advocate should be passionate about your child, and the educational services that they need. Advocacy sometimes takes a lot of time. If the person helping you is not passionate about your child, they may not be willing to help you for the length of time that it takes to get your child an appropriate education.

4. A good advocate must be willing to stand up to special education personnel, when they disagree with them, or when the school personnel tell a lie. If the advocate you pick, has every quality, but is not willing to stand up to school personnel, he or she will not be an effective advocate for your child.

5. A good advocate is detail oriented, and makes sure that any services promised by special education personnel, are put in writing. A good advocate will read the IEP before they leave the meeting, and bring up any changes that should be made. Sometimes the little details are what makes for success!

By keeping in mind these 5 qualities, you will be better equipped to finding an advocate that will be able to help you, get an appropriate education for your child.

Analyzing Issues of Overidentification in Special Education

Overidentification in special education has two potential meanings. First, it can mean that there are too many students being identified as needing special education in a school or district. Estimates of students in need of special education services have ranged from 3% to 8% of total students. Central office staff typically attempt to stay within the 10% range however, it sometimes reaches highs of 13% or more. Second, it may mean that a certain group of students is over represented in the special education population in comparison to their make up in the general population of students. Ideally, the proportion of the subgroup of students in the special education population should be identical to that of the general population.

Overidentification of students in need of special education services results in a number of negative outcomes for the students, the school district, and to a larger extent society. Students identified as needing special education services often don't receive the same rigorous curriculum as those not receiving services. Therefore, they are not as prepared for the demands of the next grade level as unidentified students. They frequently have lowered expectations placed upon them, may be socially stigmatized, may display greater behavioral problems requiring disciplinary action, and are more likely to not complete school or they complete school with less skills than other students.

Overidentified students place an unnecessary burden on already limited school resources and take away existing resources from those students who are really in need of them. Staff time is taken up in extra preparation for their daily needs, to go to extra meetings, and to complete evaluations. If discipline becomes an issue, then administrator time gets taken away from other duties.

In regard to potential impacts on society, overidentification's reduced demands, watered-down curriculum, and potential social stigmatization leaves students unprepared to continue with their education or lacking the skills necessary to take a productive role in the workplace and support themselves. When these students are unable to become productive members of society after school then their educational institution has failed them.

Some of the reasons for overidentification include:

  • Poverty and income inequality
  • Inequity in schools funding
  • Inability to access early interventions
  • Lack of training in regard to appropriate referrals to and placements in special education
  • Lack of understanding of diverse populations

Research has found that students from impoverished backgrounds are more likely to be unprepared for the rigors of education and lack the background knowledge and experiences of their more affluent peers. The Head Start Program was developed in 1965 to meet this need, and to provide comprehensive services to low income families during the preschool years. However, while gains have been made, a gap still exists, and many families are unable to access these services for a variety of reasons.

Schools are not always funded appropriately with many schools requiring students to bring in their own work materials, lack resources for paraprofessional support, or lack the funds to have full day kindergarten or hire enough teachers to have smaller classes. When schools are funded appropriately, the district often determines where and when the money is spent, which may not always be on the biggest needs or those that will make the biggest difference in the long-term.

Unfortunately, some schools don't always make appropriate referrals or placement decisions. Sometimes they wait too long before making a referral and sometimes they make one too soon. The advent of Response to Intervention (RTI) may help in this area as schools should have data about how students respond to interventions before making a referral.

Lack of understanding about different cultures and the way children learn may also lead to students being over identified, especially for behavior concerns. Not every child is able to sit in a chair for six hours a day learning. There are many ways to learn and students need to be exposed to as many of them as possible before being identified with a disability.

Parents and educators need to be aware that over identification of students for special educational services has short and long-term consequences. These effects affect the student, the school, and, potentially, society. It is the school's responsibility to keep an open mind, look at individual differences and all possibilities prior to identifying a student as in need of special education services.