NLDline

Subj:    THE SPECIAL ED ADVOCATE, OCTOBER 11, 1999 (V. 2, NO. 24)
Date:    10/11/99 3:02:12 PM Pacific Daylight Time
From:    webmaster@wrightslaw.com (Wrightslaw/The Special Ed Advocate)
Sender:    owner-special-ed-advocate@wrightslaw.com
To:    special-ed-advocate@wrightslaw.com

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The Special Ed Advocate

The Online Newsletter About

Special Education and the Law

October 11, 1999 Vol. II, No. 24

Visit us today at:

http://www.wrightslaw.com

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The Special Ed Advocate is a free online newsletter about special education legal issues, cases, tactics and strategy, effective educational methods, and Internet links.

As a subscriber to The Special Ed Advocate, you will receive announcements and "alerts" about new cases and other events. Back issues of The Special Ed Advocate are archived at our web site - http://www.wrightslaw.com

If your email address changes, please unsubscribe your old email address and subscribe your new email address.

For a "printer friendly" copy of the newsletter, go to http://www.wrightslaw.com/advoc/nwltr/1999/nl_99_1011.html

Contact, copyright, and subscription information is at the end of this newsletter.

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1. LETTER TO WRIGHTSLAW: ELIGIBILITY OF CHILD WITH ADD/ADHD

2. FOR LEGAL RESEARCH, SEARCH WRIGHTSLAW

3. DID YOUR STATE PASS THE IDEA COMPLIANCE TEST?

4. WRIGHTSLAW: SPECIAL EDUCATION LAW: CREATIVE USES AND NEW REVIEWS!

5. EDITOR’S CHOICE: MORE GOOD BOOKS

6. SUBSCRIPTION INFORMATION

7. CONTACT INFORMATION

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1. LETTER TO WRIGHTSLAW: ELIGIBILITY OF CHILD WITH ADD/ADHD

QUESTION: “If a child is severely depressed, has ADHD and behavior problems, but is still doing well academically, does that child fall under the category of “other health impaired”?”

ANSWER: You may think the answer would be a clear “Yes” but the law is not this clear. This is why we tell parents and educators, “YOU need to read the law for yourself – you may need to read it several times – until YOU understand what the law says and doesn't say.  Do not rely on someone else’s interpretation of the law – you will often be misled.

If you have a copy of WRIGHTSLAW: SPECIAL EDUCATION LAW, you can read the statute and regulations, and Pete’s commentary about eligibility in several places throughout the book. For example: “Definition: IDEA Child” (Page 12)

“Disability Does Not Mean Eligibility for Special Education”– (Page 25) quoted below:

"Having a disability does not automatically qualify a child for services under IDEA. A child may have a disability but not be eligible for special education and related services. "The key phrase is "who, by reason thereof, needs special education and related services." Read the definition of “special education” (below).”

"If the child has a disability but does not need special education services, the child will not qualify for special education and related services under IDEA. If the child has a disability but does not need special education and related services under IDEA, the child may be entitled to protections under Section 504 of the Rehabilitation Act. Section 504 is a civil rights statute that protects individuals with disabilities from discrimination for reasons related to their
disabilities.” (page 25)

"Catch-all Section for Children with Delays" and "Eligibility Disputes" (Page 26)

"The Legal Definition of "Specific Learning Disability" and "Public Law 94-142: No Reference to a Discrepancy Formula" (Page 29)

“Warning: The Mark Penalty” (Page 30)

“Perceptual Disabilities Are Included Under LD" and “Learning Disabilities: Often Defined by Exclusion" (Page 30)

Here is the recommended game plan. First, read the statute about “Evaluations, Eligibility, IEPs, and Placements” (Pages 59-66) This includes more of Pete’s commentary.

Next, read the IDEA Regulations, including “Procedures for Evaluation and Determination of Eligibility” and “Additional Procedures for Evaluating Children with Specific Learning Disabilities.” (Pages 189-191)

You should definitely read Appendix A of the regulations. Appendix A includes a comprehensive discussion of the parental role in decisions about their child’s education program (Pages 209-224).

You will also find the IDEA Regulations, including Appendix A, on the Wrightslaw site:

http://www.wrightslaw.com/law/code_regs/Index_IDEA_Regs_990313.htm

You will find an overview of the IDEA statute at -

http://www.wrightslaw.com/law/code_regs/20USC1400MyOverview.html

To read the full text of this letter, go to

http://www.wrightslaw.com/advoc/ltrs/ltr_Eligibility_ADD_9910.html

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2. LEGAL RESEARCH: SEARCH WRIGHTSLAW

If you are doing research on a legal issue, you can search Wrightslaw for articles, references and cases. We had a question about whether a child with ADD/ADHD was eligible for special education services. You could begin a search using the terms “Eligibility” and “Attention Deficit Disorder.”

A search using the term “eligibility” brought up 28 items. A search using the term “Attention Deficit Disorder” brought up 41 items. A search using both terms netted 5 articles, including --

“From Emotions to Advocacy: The Parent’s Journey”
http://www.wrightslaw.com/advoc/articles/Emotions.html

“Understanding Tests and Measurements for the Parent and Advocate”
http://www.wrightslaw.com/advoc/articles/tests_measurements.html

“Final IDEA Regulations”

http://www.wrightslaw.com/law/code_regs/Intro_IDEA_Regs.htm

“Final IDEA Regulations” is very long so I went to the toolbar at the top of the page and clicked “Edit” then “Find in Page.” When I typed in “ADD,” the program found a statement about eligibility of the ADD child under the “other health impairment” category.

You can start a “search” from a main page of the Wrightslaw site:

http://www.wrightslaw.com

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3. DID YOUR STATE PASS THE IDEA COMPLIANCE TEST?

Your state Department of Education has many responsibilities. The state is responsible for supervising local school districts. States should have a comprehensive system of personnel development that is designed to ensure that there is an adequate supply of properly trained teachers.

The state should have policies and procedures that ensure that all children with disabilities receive a free appropriate education.

Your state is responsible for implementing a comprehensive Child Find Program where all children with disabilities (including children who attend private schools) are identified, located and evaluated.

How are the states doing in performing these supervisory responsibilities?

“Most states failed,” according to a study published by the National Council on Disability:

“Based on the U.S. Department of Education's monitoring of state compliance with IDEA from 1994 to 1998, 90 percent of states and territories fail to adequately supervise local education agencies’ education of students with disabilities. “

“Eighty-eight percent do not comply with requirements to provide services to assist a student's transition from school to post-education activities.”

For more information about this report, go to-
http://www.specialednews.com/story%20archive/0999/IDEAcompliance0922.html

NEW RESOURCE: For breaking news in the field of special education, check out Special Ed News -

http://www.specialednews.com/

(Thanks to Dr. Margaret Kay for this news item which was featured in the October 1999 issue of the LD OnLine newsletter)

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4. WRIGHTSLAW: SPECIAL EDUCATION LAW: CREATIVE USES, UPDATE, NEW REVIEW

CREATIVE USES:

You know we encourage people to think “out of the box.”

Here is how one creative person uses information from the Wrightslaw web site and WRIGHTSLAW: SPECIAL EDUCATION LAW – together!

“I find the Wrightslaw site (wrightslaw.com) helpful and their book endlessly useful.”

“The combination of the index in their book and the copy of the IDEA regs that I downloaded from the web site works very well.”

“I copied the regs onto a floppy, so I can upset people at meetings by searching the regs with my laptop. Since I stored the regs as 7 files, the book speeds my search by putting me in the right file."

UPDATE:

We are investigating the possibility of putting WRIGHTSLAW: SPECIAL EDUCATION LAW on a CD ROM – which would make searching for specific issues far easier.

NEW REVIEW:

A review of WRIGHTSLAW: SPECIAL EDUCATION LAW appeared in the October 1999 issue of Woodbury Reports:

“As the author says, “Ignorance of the law can be as damaging as the child’s disability.”

“This book goes a long way toward providing relief from confusion and misinformation and should be on the desk of every professional who works with “at risk” children, and every parent who has a child with problems.”

“Any child with behavior problems might have a disability as defined by law. Parents and professionals need to understand the legal definition of “disability” to determine whether that child is entitled to special rights, and if so, how to access resources that can help the child in the way the legislation was intended.”

“This is a relatively new, and complicated area of the law that few attorneys adequately understand. Any parent or professional working with such a child must be able to advocate for that child based on a solid understanding of the legal facts. Personal knowledge of “the facts” enables the parent to better serve the child than they could be merely depending on information given by school administrators or others who are possibly influenced by priorities such as budgetary considerations, or myths and misinformation.”

For WOODBURY REPORTS go to:

http://www.woodbury.com/

For PLACES FOR STRUGGLING TEENS, go to:

http://www.strugglingteens.com/

To read what others are saying about WRIGHTSLAW: SPECIAL EDUCATION LAW, go to

http://www.wrightslaw.com/bkstore/ourbooks/Law_Book_Reviews.htm

For more information about this new book, go to

http://www.wrightslaw.com/bkstore/ourbooks/Law_Book_Announce_99_0712.htm

To find out how to order, go to

http://www.wrightslaw.com/bkstore/ourbooks/Orderform.html

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5. EDITOR’S CHOICE: GOOD BOOKS FOR OCTOBER

MAYBE YOU KNOW MY KID BY MARY FOWLER

Maybe You Know My Kid : A Parent's Guide to Identifying, Understanding, and Helping Your Child With Attention Deficit Hyperactivity Disorder is a candid and dramatic guide for parents whose children have Attention-deficit Hyperactivity Disorder . . . she describes the latest scientific advances and clinical breakthroughs and discusses the recent changes in the education of children suffering from AD/HD. Examines the school's role in assessing children, practical guidelines and suggestions for improving educational performance.

DRIVEN TO DISTRACTION: RECOGNIZING AND COPING WITH ATTENTION DEFICIT DISORDER by Ned Hallowell and John Ratey.

Describes the subtypes of ADD/ADHD, from the hyperactive search for high stimulation to the floating daydreaming quality of inattentiveness . . discuss how ADD/ADHD is distinguishable from "unacceptable behavior" and what medication and treatment techniques work best.

THE MISUNDERSTOOD CHILD: A PARENT’S GUIDE TO UNDERSTANDING AND COPING WITH YOUR CHILD’S DISABILITIES

This best-selling book by child psychiatrist and professor of psychiatry Larry Silver, is on our "must-read" list for parents and professionals. Includes excellent information about psychological, emotional, and social development; up-to-date information about evaluations; and effective treatment strategies to use at home and at school.

For more information about these and other books, go to

http://www.wrightslaw.com/bkstore/bks_disability.htm

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6. SUBSCRIPTION INFORMATION

To subscribe to The Special Ed Advocate, go to

http://www.wrightslaw.com/approve.htm

To unsubscribe to The Special Ed Advocate, send an email to

majordomo@wrightslaw.com

In the beginning of your message, insert the following words exactly, with the hyphens, all lowercase

unsubscribe special-ed-advocate

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7. CONTACT INFORMATION

Pete and Pam Wright
c/o Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043

Phone: 804-257-0857

Website: http://www.wrightslaw.com

Email: webmaster@wrightslaw.com

The resources at this website are copyrighted by the authors. They may be used for non-commercial purposes only. They may not be redistributed for commercial purposes without the express written consent of Peter W. D. Wright.

It is not necessary to obtain our consent to link to our website or copy, print and distribute our articles and newsletters for nonprofit purposes so long as the material is reproduced in its entirety and credit is given to Pete and Pam Wright and "wrightslaw" including the URL -

http://www.wrightslaw.com

Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

END