|Download the online version of this newsletter: http://www.wrightslaw.com/advoc/nwltr/2002/nl.0722.htm|
Highlights: Al's success story - how I got compensatory ed for my son; more success stories on Fetaweb.com; new case about damages under Section 504 and ADA; damages, discrimination, and Section 504; download new flyer for college students with disabilities; free pub about "Protecting Students from Harassment & Hate Crime."
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1. Al's Success Story: How I Got 140 Hours of Compensatory Ed for My Son
evening my wife mentioned that the school released the special ed
kids earlier than the regular ed kids. In fact, the school released
our son 27 minutes earlier than they released non-disabled students
-- every day. I recalled reading about this practice on Wrightslaw -
and that it was illegal."
2. New! Success Stories on Fetaweb.com
Learn how parents are using information from Wrightslaw and common sense to resolve problems and get better services for their children. In our new Success Stories Section, you will meet -
* A mom who used the school's test data to support her request for an ABA program,
* A parent who learned that asking the right questions is a key to successful advocacy;
* The parent of a child with autism who devised win-win solutions and avoided a due process hearing.
Visit Success Stories at:
The Search is On! Strategies for Successful Advocacy
are collecting stories about successful advocacy from parents and
advocates. Do you have a success story and advocacy strategy to
Learn more about our search for Success Stories at:
3. New Case: Damages Under Section 504 & ADA
Many people have questions about damages. The U. S. Court of Appeals for the Second Circuit issued a decision about damages under Section 504 and ADA.
In Polera v. Bd Ed. Newburgh City Sch. Dist, the court ruled that the disabled child must exhaust her administrative remedies under the IDEA before she can sue for damages under Section 504 and ADA. This decision includes an extensive discussion of relief under the statutes, compensatory and punitive damages, the exhaustion requirement, and the futility exception to exhaustion.
Download the decision in Polera v. Bd Ed. Newburgh City School District:
4. Damages, Discrimination & Section 504
Section 504 of the Rehabiliation Act prohibits discrimination on the basis of disability. Under the IDEA, parents may be entitled to reimbursement for costs related to the child's special education (to learn more, go to FAPE and IEPs).
Several courts of appeals have ruled that before bringing a damages case under Section 504 and/or the Americans with Disabilities Act (ADA), parents must first exhaust their administrative remedies under the IDEA.
Read articles and cases about Damages at:
Learn about discrimination and Section 504 at:
5. Help for College Kids- New Flyer from Wrightslaw
The transition from high school to college is difficult - and this transition is usually harder for kids with disabilities. Although college students with disabilities are protected from discrimination under Section 504, some professors take a dim view of students who request accommodations.
How can you help your college-bound child make a successful transition to college?
College-bound students need to learn self-advocacy skills - how to present information about their disability and accommodations so professors want to help. If students master these skills, they are more likely to make a successful transition from high school to college.
our new 2-page Help
for College Students with Disabilities Flyer:
6. Protecting Students from Harassment and Hate Crime: A Guide for Schools
Many children experience sexual, racial and ethnic harassment at school. Protecting Students from Harassment and Hate Crime provides guidance about protecting students from harassment and violence based on race, color, national origin, sex, and disability.
Protecting Students from Harassment and Hate Crime was published by the U. S. Department of Education Office of Civil Rights and the National Association of Attorneys General and is endorsed by the National School Boards Association.
Topics addressed in this comprehensive, step-by-step manual include:
* Developing the District's Written Anti-Harassment Policy
* Identifying and Responding to Incidents of Harassment
* Formal Complaint / Grievance Procedures
* Creating a School Climate that Supports Racial, Cultural, and other Forms of Diversity
* Addressing Hate Crimes & Conflicts in School and the Community
Download Protecting Students from Harassment and Hate Crime as a pdf document:
Students as an html file: http://www.ed.gov/pubs/Harassment/
7. Subscription & Contact Info
The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, tactics and strategy, and Internet resources. Subscribers receive announcements and "alerts" about new cases, events, and special offers on Wrightslaw books.
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