PA Law Blogs » IDEA Lawsuits

Americans with Disabilities Act Anniversary Recognized by Reading’s Abilities in Motion

Michael Monheit — Thu, 29 Jul 2010 11:06:40 +0000

July 26, 2010 marked the 20th Anniversary of The Americans with Disabilities Act (ADA), which was created to protect the rights of individuals with special needs as well as provide them with more opportunity. The ADA bans discrimination in employment, public accommodations, State and local government, commercial facilities, transportation, and telecommunications. The United States Department of Justice Civil Rights Division is responsible for managing the ADA to ensure that proper regulations are in place, enforced, and revised accordingly.

WFMZ reports that Reading’s resource center for people with disabilities, Abilities in Motion, recently recognized the 20th Anniversary of the Americans with Disabilities Act. As an organization in Reading, Pennsylvania that helps those who are disabled learn ways to be more independent and maintain their well-being, Abilities in Motion members consider an advancement in technology, community efforts, and home based services as key factors in giving people with disabilities more freedom and capability. One woman at the gathering in Reading mentioned that she has developed ways to cope with Cerebral Palsy throughout her entire life. She attributes her ability to access places she never would have been able to go before, such as office buildings, homes, and restaurants, due to her wheelchair, to the signing of the ADA.

Abilities in Motion’s message is that the equality and the prospects for individuals with or without disabilities should not be different or separate. The Department of Justice is proposing technology-based alterations to the ADA to make the Internet and movie theatres available for use by those who are hearing and/or visually impaired.

Acknowledging the anniversary of the ADA not only serves as a reminder that more needs to be done in order to provide those with disabilities the opportunity, protection, and services they need, but also sends a message to the public not to take anything in life for granted. Those with disabilities often have significant difficulty with simple everyday tasks that a person without a disability may disregard or even consider as a burden.

Scranton Autistic Children Abuse Case Settled

Michael Monheit — Wed, 16 Jun 2010 11:00:40 +0000

A federal judge in Scranton, Pennsylvania, has approved a $5 million settlement for families of seven autistic children, who were allegedly abused by their teacher. According to a UPI news report, the settlement marks the conclusion of a federal lawsuit against the teacher and northeastern Pennsylvania school district.

The lawsuit, filed in 2006, alleged that the school district had covered up reports from class aides that the teacher physically abused the students. According to reports, she pinched, hit and tied them up with duct tape and bungee cords. Court papers alleged that the teacher violated the autistic students’ civil and constitutional rights, as well as the federal Individuals with Disabilities Education Act. Each family will get between $400,000 and $1.2 million, under this settlement.

Parents put their trust in education professionals to keep their children safe; however, some teachers and teacher aids do not deserve this trust. There is no excuse for child abuse and mistreatment within school districts or through any other institution. The violation of civil or constitutional rights is a serious legal issue. Many among us do not realize that we are afforded certain rights under the U.S. Constitution. These types of lawsuits and settlements demonstrate how the civil justice system continues to be an effective method for Americans to protect their legal rights.

Students with Learning Disabilities – School Boards Failing to Meet Educational Needs

Deborah Forrister — Fri, 14 May 2010 16:45:09 +0000

School Boards throughout the nation are expected to uphold children disability law and provide students who have been determined to have disabilities with the educational needs that they require to gain adequate and appropriate knowledge. Under the Individuals with Disabilities Education Act (IDEA), U.S. school districts are expected to provide this quality education for students with learning disabilities. IDEA plays a vital role in monitoring how public agencies and states carry out special education, early intervention and various other kinds of important services to over 6.5 million qualified infants, toddlers, children and youth with disabilities.

A recent Lynchburg News & Advance article discusses a child disability education case in Bedford County, Virginia. Based on the story, a U.S. District Court Judge ruled that the Bedford County School Board in Virginia did not provide a “free and appropriate education” and failed to meet the educational needs of a former student. This recent ruling is the result of the child’s mother appealing a previous decision at a due process hearing in 2008. Apparently, the Judge recently ruled that the hearing officer in 2008 made a mistake in deciding that the school division had correctly assessed the child with a disability.

As the first time in several years that a special-needs student has obtained a successful case outcome if this kind in the Western District of Virginia, school districts throughout the nation are sure to be reminded of the importance of giving child disability evaluation and educational planning the time and acute attention that it needs. According to the article, the child in this case suffers from attention-deficit hyperactivity disorder and other disabilities.

Children with specific learning disabilities are entitled to have the same quality education as a student without a disability. If it is determined that a child has unique needs as a result of his or her disability, it is of the utmost importance that school districts uphold their responsibility of ensuring that the child has access to the general curriculum. But this is not all. Special education law provides a special-needs child with curriculum content, methodology or delivery of instruction in a way that meets the specific needs of that child’s disability. While special education services are not required for every child who is determined to have a disability if he or she is able to access the general curriculum with our without accommodations, determining this need is a process that should not be rushed under any means.

Allentown After-School Program Loses Funding

Deborah Forrister — Mon, 10 May 2010 18:17:45 +0000

After-school programs serve a number of purposes not only for at-risk youth who are growing up impoverished or more exposed to crime and drug-use, but for children from all backgrounds who need varying social interaction and resources to develop healthy and safe ways of living. Parents cannot be present in a child’s life all hours of the day. Many parents get home late from work, or aren’t involved in their child’s activities, which makes after-school programs all the more important and beneficial.

A Lebanon Daily News article recently reported that a popular and free Allentown after-school program, The Caring Place, has been cancelled after losing a state issued grant. The female founder and director of the program claims that a flaw in the Pennsylvania Department of Education’s computer system made it so that she could not reapply for the grant in time to meet the deadline. The after-school program was mainly funded by a three-year, $275 grant. In response to being denied an extension to reapply for funding, the director met with Allentown Mayor Ed Pawlowski who has asked his administration to cooperate with her efforts in restoring the school and also pledged $15,000.

Several parents and advocates in the community are hoping that children will be able to return to The Caring Place, which devotes most of its efforts to academic-related activities. The program has also provided hundreds of kids from broken homes and tough neighborhoods with a chance to improve their life skills through learning how to resolve conflicts in a nonviolent way, what it takes to run a business, and how to use proper etiquette.

The distribution of grants is often very competitive among programs similar to The Caring Place as well as various other educational programs in Allentown and throughout Pennsylvania. Programs will sometimes rely on more than one entity to supply funding in order to make sure that a youth service can continue to thrive and grow.

Youth Special Education Program Requests Students without Disabilities

Deborah Forrister — Tue, 27 Apr 2010 12:00:05 +0000

Determining whether a child has a disability and whether a child is eligible for special education are both processes that require much attention and time to ensure a child’s well-being in receiving the appropriate assistance that he or she needs. In some situations, even if a child is determined to have a specific disability, he or she may not be placed in a special education program. So, what are the grounds for early childhood special education programs seeking students with, and without disabilities?

A News-Leader article discusses the growth of an Integrated Classroom program in Missouri that seeks young children who do not have disabilities to enroll in youth special education classes with other non-disabled students as well as disabled students. Based on the article, the program has experienced an increase in involvement from 45 children during the 2006-07 school year to 85 children this year. They anticipate 100 participants next year. According to the assistant director of the program, non-disabled students are referred to as “typically developing peers” and about three or four of these students are present in each of Springfield, MO district’s 17 classrooms.

With the debut of a new Early Childhood Special Education Center on the horizon, several parents object to the center because they believe it would segregate disabled children from non-disabled children. In order to maintain and increase the interaction of students with and without disabilities, the district hopes to expand the Integrated Classroom program so that all students can continue to profit from receiving an education and playing together as they interact.

The Integrated Classroom program offers educational services for 3-5 year old kids who have been determined to have development delays. Each child has an individualized education plan (IEP) that details in writing particular goals laid out and derived from educator, family and assessment contributions. Kids within this age group in Springfield who do not have disabilities usually receive references from local Parents As Teachers educators, and if a child is accepted, he or she will exhibit proper speech and language skills as well as suitable play and social interaction abilities.

Changes in American Special Education Population Characteristics

Deborah Forrister — Fri, 16 Apr 2010 00:19:20 +0000

The Special Education Process in Pennsylvania and on national level has experienced much change in recent years and will only continue to evolve as new teaching methods are discovered and implemented as well as other interactive strategies and learning tools.

The Premier Source for Developmental Disability News recently released an article discussing a few points of change in special education demographics throughout the United States. The article is based on information provided by the National Center for Education Statistics and while informative, it is only a mere reflection of the current composition of students with disabilities.

Based on the article, special education in the United States has seen significant growth since the 1970s and up to the present. While the percentage of special education students in the U.S. has mostly been consistent over the last few years, the characteristics of these students with disabilities are far from consistent. One example of the fluctuation of special education demographics relates to students in public schools with autism. For data representative of 2007-2008, the amount of autistic students in public schools has tripled since the 2000-01 school year, making up 0.6% of the public school population. For the equivalent time frame, the percentage of intellectually disabled students decreased from 1.3% to 1%.

Data from the study also emphasizes that 95% of students with disabilities attend public schools and only 3% receive an education at schools designated specifically for certain disabilities. The remaining special education student demographic attends traditional private schools (1%) and an even lower amount of students receive education through homeschooling, or at a medical or correctional establishment.

Deciding what is in the best interest of a child with a disability in terms of their education is not something to take lightly. This is one of many reasons why some lawyers who practice Special Education Law often offer informative presentations, such as one reported by North Jersey coming up in New Jersey called “Navigating the Alphabet Soup of Special Education,” for parents regarding basic rights and remedies for special education. Keep an eye out for free and public meetings similar to this one in your city to further educate yourself on special education and what options are available for your child and their education endeavors.

Nonprofit, Tech Business Create iPhone App for Special Needs Educators

Michael Monheit — Tue, 06 Apr 2010 12:00:58 +0000

Educators of students with disabilities have a fresh way to implement the newest requirements for documenting all of what goes into a unique learning program. Busy teachers can now use their iPhones to record parts of an Individual Education Program or IEP for a student. An IEP is a general requirement for teaching special needs students as part of applicable IDEA or Individuals with Disabilities Education Act legislation. The IEP helps provide customized learning that aids developmentally disabled students in achieving progress.

A January press release shows that the Parent Educational Advocacy Training Center (PEATC), an educational non-profit group, asked the Nurvee Company to design an iPhone application called IEP Checklist. The Checklist app will help educators make sure that all of the required aspects of the IEP are in place for students, providing easy recall access and more helpful information for teachers who need to multitask on a daily basis.

PEATC resources demonstrate that the IEP Checklist has won acclaim form educators and others involved in special education across the country. Some fans of the technology say it is useful in helping to deal with the challenge of quick thinking during meetings over IEPs. The app is also handy for documenting updates in a program.

The use of a checklist aid to deal with legal requirements is not entirely new. Researchers have been conducting trials with doctors to see if checklists can help limit medical malpractice liability in the field. Some suggest that the new IEP Checklist may have a similar effect, helping professionals to make sure that they have complied with all of the many regulations in their respective fields. It’s likely that the iPhone IEP app will be useful in many cases where issues about an IEP trigger investigations according to IDEA or disability education law in school districts around the country.

New Jersey Education Dept. Under Fire for Special Education Policies

Michael Monheit — Thu, 01 Apr 2010 12:00:28 +0000

A federal judge has ruled that advocacy groups for students with disabilities can proceed with a case against the New Jersey Department of Education.

An internal press release shows that the Education Law Center, along with several other parties including the Arc Group, is pursuing a case against the NJDOE regarding the environment provided for special education students in Newark schools.

The issue appears to be related to how students are grouped into classes. Guidelines provided by federal legislation called the IDEA or Individuals with Disabilities Education Act require that students with disabilities be given the “least restrictive environment.” To advocates for the disabled, this means grouping them with non-disabled peers. The lawsuit charges that the state of New Jersey grouped disabled students together in segregated classes.

Many feel that the issue at hand reflects a larger pattern within the state. The Education Law Center press release states, “For years, New Jersey has had the worst record in the nation in complying with the IDEA and Section 504 mandates…”

Now, reports including a Feb. 8 article in the New York Times indicate Judge Katherine S. Hayden of Federal District Court in Newark denied the state’s motion to dismiss the case that, according to reports from the ELC, was based on claims that the IDEA was not meant as a strict and formal requirement for schools.

The case against New Jersey’s education administration is likely to spark more debate on how schools must comply with legislation intended to help disabled students realize their rights as citizens. This case could become an important part of future education law as states and municipalities try to manage special needs departments with tight budgets and advocacy groups and families demand the best education for those with developmental disabilities.

Closing Rainier School? Washington Struggles with Proposed New Disabled Housing and Education Model

Michael Monheit — Thu, 25 Mar 2010 10:00:13 +0000

Seattle residents and public officials continue to debate the proposed closing of a large housing and education program for those with developmental disabilities. According to a Feb. 13 Associated Press report, the closure of the state’s Rainier School in Washington’s Pierce County has been controversial for many who are involved.

As the state ponders moving the center’s nearly 2,000 care receiving individuals to smaller community-based programs, some families of disabled residents are resisting the idea, saying that care may not reach the same standard. However, disability rights groups argue the exact opposite. These groups call the move a “civil rights issue” for disabled citizens that they say deserve to live among others in their communities, as a residential group home model provides.

Cost is an issue as well; different cost projections have residents arguing over whether a move to smaller programs would decrease costs for the state. Many other states and municipalities have moved to small “group home” type programs for the disabled. This was partially a response to the historic closure of large facilities called “institutions,” some of which were seen as inhumane when care standards improved in the second half of the twentieth century.

Some of those disabled individuals who live in the Rainier School’s campus have been there for over 50 years, and the school has provided employment for local families over multiple generations. Closing the Rainier School will be a difficult decision for local officials to make. It may also highlight some of the applicable state and federal laws regarding rights for the developmentally disabled, where current law provides substantial protection for those who are among the least able to advocate for themselves. The case of the Rainier School also provides a study for whether large group facilities or small group home programs are generally more desirable for various parties.

Schools Across America Need Help With IDEA Requirements

Michael Monheit — Wed, 17 Mar 2010 22:53:54 +0000

Current reports continue to show that many states are struggling with regulations put in place by a 2004 revision of the IDEA or Individuals with Disabilities Education Act regarding “highly qualified teachers” or HQT for special education programs.

A January report from the Dallas Morning News shows how schools project rates of highly qualified teachers in which just over 86% of elementary schools’ special education teachers in Dallas meet the criteria. Other reports from various states over the past months have shown trends in the failure of schools to provide HQT designation for their faculty, along with frustration over changing state guidelines for teachers who move across state lines to continue their careers, some of whom lose their HQT status in the process. Differences in state requirements have generally been a barrier to recruiting and keeping skilled educators in many states.

Resources from the federal ed.gov show that part of the HQT requirement is in line with standards set by No Child Left Behind where standardized testing was also a major part of the push to “fix” American schools. However, testing has meant that some schools become under-funded and unable to meet quality standards such as the hiring of highly qualified teachers. Today’s school districts also have to do more with less, as lower property values and decreased federal and state revenues lead to painful budget cuts.

Faculty and administration from schools around the country indicate that the race is on at a national level, as well as within states and local school districts, to find and promote highly qualified teachers in order to comply with relevant legislation. The goal is to provide quality education for all students, including those in special needs departments. In some school districts, these requirements may lead to a study in education law related to IDEA and how schools can stay afloat while providing the best special education services to disabled students.