disturbing yes, but not surprising

Very little surprises me these days when it comes to the Orange County School District.  This is particularly true when it comes to legal issues, policies and compliance.  The folks over at OCpearl posted the following yesterday  BOARD OF EDUCATION REFUSES TO RELEASE CLOSED SESSION MINUTES – and violates closed session state laws.  It’s time for concerned citizens to speak up and demand a transparent Board of Education that follows federal, state and local policies.

And for those of you who may doubt that Joe Q. Public should be allowed access to closed session minutes, North Carolina’s open meetings law, Chapter 143 of the General Statutes, requires that all meetings of state and local governmental bodies be open to the public unless there is a specific statutory exemption authorizing closure. And even when an exemption exists, the public body holding the meeting is required, by law, to keep “full and accurate” minutes that provide a “general account” to let a person who wasn’t there “have a reasonable understanding of what transpired.” In addition, the board must must make those minutes available for public inspection.  More information on Open Meetings Law in NC can be found here.

autism in the schools and what parents need to know

The National Autism Center has recently made available, online and for free, its comprehensive educator manual Evidence-Based Practice and Autism in the Schools: a guide to providing appropriate interventions to students with autism spectrum disorders. While intended for school staff, this is also an invaluable educational tool for parents and caregivers of school-aged children on the autism spectrum.  It is my opinion that parent education and training is essential in the treatment of developmental disabilities, such as autism spectrum disorders.  The more parents educate themselves on the therapies and interventions that are out there and have been shown to work, the more active and engaged they can become in the education of their own child and the development of their child’s educational plan.  

Parents…go forth and learn…and while your at it don’t forget to brush up on your child’s (and your own rights for that matter) under IDEA.  I’d start with http://www.wrightslaw.com for that.

This is the kind of thing I get excited about, seriously.

exodus

Is it just me, or does anyone else think that there is something really wrong with the Orange County Schools?  Three top administrators leaving…how many more will it take for the current Board of Education to wake up and realize that something needs to change.  Or, better yet, for the community to take notice and demand change.  I’m just saying…

From today’s News of Orange County:   Three OCS veterans retiring

new resources

Having gone down the whole due process road, I can honestly say that if there is any possible way to avoid heading there then one should definitely try.  Now, I know that in some cases nothing will resolve the issue or issues at hand and that due process may in fact be the only option.  But for many, resolution meetings or mediation could offer a better solution.  And while there are a number of issues that I have with mediation (our own was not successful, obviously) it can be a whole lot less painful and most definitely a whole lot less expensive than a full due process case.  I recently came across a new publication that I think is worth reading:   Preparing for Special Education Mediation and Resolution Sessions: A Guide for Families and Advocates is a new publication by The Advocacy Institute and the Children’s Law Clinic at Duke Law School designed to help families and advocates make the most of the new and expanded dispute resolution options offered by the Individuals with Disabilities Education Act (IDEA). 

After finding this new document and realizing that it came,  in part, out of the Duke Children’s Law Clinic I decided to take another look at the Clinic and what it’s all about. (BTW, I feel like I should note that even though I work for Duke University, though not at the Law School, I have no connection with the Children’s Law Clinic or know anyone involved in it). I had been on the Duke Law website before and never noticed the resources section listed under the Children’s Law Clinic until this evening. I found two of the documents to be quite good, especially for someone looking for a general overview of Special Education Law. I think they’re worth taking a look at:  1) Special Education Law: Power Point presentation, and 2) Brief Summary of the Education Rights of Children with Disabilities.

PErsonally, I like to read everything I can get my hands on with regards to law and special education.  I feel like the more I know the better prepared I will be.  I guess that’s why tomorrow I’ll be taking the first in a series of  webinars being offered by the Council of Parents, Attorneys and Advocates (COPAA).  I’ll  let you know how it goes.

2010 NC Partners in Policymaking

I received this by email last night…opened it this morning.  I’m very excited about this opportunity!

Congratulations! You have been selected to participate in the Partners in Policymaking Class of 2010.  Your application was one of many from across the State.  Congratulations on being accepted!

We appreciate your willingness to make such a significant commitment.  As you know, Partners in Policymaking is a national, leadership and advocacy training program for self-advocates and parents of young children with developmental disABILITIES.  

About the Program (taken from http://www.ncpartnersinpolicymaking.com/):

The North Carolina Partners in Policymaking™ program helps open the door for people with intellectual and developmental disabilities and family members to participate in the public discussion of principles and policies that affect their lives and their role in the community. Those selected to take part learn about how to communicate with public officials and legislators and the general public, often making use of the media. Through a series of eight weekend seminars they also gain information about the structure of laws and agencies that determine and administer programs affecting people with disabilities. 

An innovative leadership training program created in 1987 by the Minnesota Governor’s Council on Developmental Disabilities, Partners in Policymaking™ provides adults with disabilities and the parents of young children with developmental disabilities the skills needed to be effective advocates. Participants learn how to build partnerships with elected officials, legislators, agencies and opinion leaders so that they can better express their views on the policy decisions affecting the services they and their families use. 

The Partners program is all about systems change, from creating a shared vision of a system that promotes full inclusion of people with developmental disabilities in the community, and making it a reality through working with leaders to base public policy decisions on the experiences of those who need and use services. To accomplish this, Partners participants gain self confidence, learn and absorb the information received and become comfortable in sharing their experiences and views with others.

Resolution

The ESY issue from last summer that I wrote about on Monday evening has been resolved.

Spoke at the Board mtg on Monday, recieved a phone call from district admin on Tuesday, reimbursed on Wednesday.

and that’s that.

a new year…same old issues

I’ve decided that 2010 is the year that, when possible, I’ll stop waiting around for things to happen and do everything possible to move them along at something other than a snail’s pace — or at least try.  Last night, in an effort to put some closure to an issue that has been dragging on way to long.  Here’s what I had to say to the Board.  Now let’s see how they respond.

(The following are comments, as prepared, delivered to the Orange County Board of Education at their Jan 4th meeting.  I have audio of what I said, which only deviates slightly from this, and hope to figure out how to post that later.)

Members of the Board and Superintendent Rhodes, thank you for allowing me the opportunity to speak.

About 6 months ago, I first stood before you to introduce myself and address what is still an ongoing due process case. I come here tonight not about this case but about another matter that, I fear, if unresolved, may result in the filing of another complaint against this board – something I do not what to do but may feel compelled to do so if this matter is not properly addressed in a timely fashion.

Last July, our son’s IEP team met to address the issue of Extended School Year services (ESY) – a matter that should have been dealt with back in February, but was not due to ongoing litigation. Together the IEP team – school representatives and parents TOGETHER – determined that our son was eligible for services and proceeded to develop an IEP for ESY.

Because half of the summer had already passed, and the schools had not been providing services but we had, it was determined (and first suggested by your lawyer at the time) that the school district reimburse us for the services we had already been providing our son during the summer months. It was also determined that the school district would reimburse us for any other services that our private therapist provided our son going forward to meet his ESY needs – our private provider would pick up the hours that the school district could not provide due to staffing issues during the summer.

In August a letter and invoices for placement and services was sent to your lawyer, as we had been instructed to do so. Over the past 6 months we have made repeated attempts to address this.

To date we have still not been reimbursed.

I want to believe that this is just an oversight and that because of your change in lawyers handling the due process case, this matter simply fell through the cracks.

I urge the members of the board to look into this and honor the agreement that was made with my son, per his IEP.

As we now approach the time when ESY for the upcoming summer is addressed I would very much like to have this issue closed so that I head into my son’s next IEP meeting with the belief that agreements made by the board in good faith are in fact honored.

thank you.

lastest court documents…

These are the latest documents filed in our on-going case against the Orange County Board of Education in North Carolina, which is now in federal court.   

First Amended Complaint & Petition for Attorneys Fees Pursuant to IDEA

Plantiffs’ Answer to Defendent’s Counterclaim

things…

have been going on. not directly related to owen or to the case but just other things, like life. first there was a death in my family, then thanksgiving, then a horrific tragedy back in my hometown that just threw me for a loop (and still is), and now a nasty cold that I’m fighting off. All these things have kept me away from writing and sharing the lastest and greatest. i have a backlog of things, including new filings in federal court, and hope to post them soon. Check back in a few days and I’m sure there will be something. You can also follow me on twitter to learn when I post new items — i tend to put links up there first. @educatingowen

Repost from ASNC blog: Proposed Changes to NC Policies

The following was posted on the Autism Society of North Carolina’s blog on Dec 2nd and is IMPORTANT to anyone living in NC who has a school-age child with a disability. 

The North Carolina Department of Public Instruction, Exceptional Children Division, is proposing changes to the Policies Governing Services for Children with Disabilites.  The comment period is from November 23, 2009 through January 21, 2010, with a public hearing on Wednesday, December 16.  Most of the changes seem to align NC Policies with federal law, but some make corrections based on North Carolina legal changes.  Here are some highlights:

      Specifies definition of autism spectrum disorders (Autistic Disorder, Atypical Autism (Pervasive Developmental Disorder-Not Otherwise Specified), Asperger’s Disorder, Rett’s Disorder, Childhood Disintegrative Disorder or all Pervasive Developmental Disorders).

      Eliminates adapted PE teachers as being able to conduct motor evaluations (only PT or OT proposed)

      Adds augmentative communications and pragmatics as areas for speech-language/communication evaluations

    Clarifies lack of liability for LEA if parents revoke consent for provision of special education and related services

     Rewrites section on specific learning disability (screenings, criteria, changes in tiered process)

     Does not recognize a non-attorney representing a party at due process hearings

     Permits reallocation of funds from one LEA to another (if the LEA is providing FAPE and does not need the funds)

     Adds language to include 5 year olds who are not eligible for kindergarten to be covered under Part B (due to change in date of kindergarten eligibility)

Don’t forget to contact DPI if you have questions or concerns—they’re asking for input, so we should definitely respond!