Education Law

The Virginia Department of Education and State Board of Education have proposed new special education regulations.

The Virginia Governor has expressed his concern over the way in which these regulations limit parental rights. The proposed regulations eliminate the need for parental consent prior to ending special education services or changing programs. The regulations reduce the number of times a year parents need to receive special ed progress reports and no longer require parents to be part of the functional behavioral assessment team.

Many parents are concerned about these changes. Many school employees argue that these changes allow them to focus more on providing efficient services to students who qualify for special education.

Special education, ultimately, is not about school district employees or parents. It is about the students. So, what is your take on the situation? Do the proposed regulation changes described above help or harm Virginia’s special education students?

Next in our Wednesday series of politicians views on education is John McCain, current Senator from Arizona and 2008 Republican presidential candidate. 

One of the most important parts of John McCain’s education policy is his fundamental belief that parents should be able to choose their child’s school.  He believes that all federal financial support for education should be predicated on allowing parents to move their children (and the federal money associated with those children) out of failing schools.

He also believes that all schools should have the resources and the ability to teach its students.  Schools should be required to report on their progress of educating students to both the public and to parents. Teachers should be

McCain also seems to support homeschooling.  His website says that all students should “have access to all schools of demonstrated excellence, including their own homes.”

For more information about John McCain’s stated views on education, you can visit his campaign website or an independent website such as On the Issues.

Every child develops at his or her own individual rate.  Some crawl early and some crawl late.  Some start chattering at a year old and others prefer to wait until closer to 2.  That is all ok and does not, in and of itself, mean that your child has a disability and needs treatment. 

However, if your child is failing to meet more than one milestone by a significant amount of time, or if your child has a diagnosed disability, then you might want to have the child evaluated for Early Intervention (also known as Birth to Three) services. 

In most cases, Early Intervention providers will come to your home or request that you meet them at a center and they will evaluate your child.  If your child is qualifies for services they will work with you to develop an Individual Family Service Plan (IFSP). The IFSP is designed so that the whole family can work to help the child progress in the areas of delay or disability.  Most services are provided in the child’s natural environment (i.e. home or place where the child lives).

Some children qualify for Early Intervention services and the, at age 3, do not qualify for special education services.  Others will continue to qualify for services.

Research shows that in many cases the earlier services are provided to a child, the easier it is for the child to progress quickly.  So, if you have concerns about your child’s development then do not hesitate to request an evaluation.

Do you have a child in special education and are you planning to move this summer?  If so, then it is very important that you have a current IEP in place for child.  Treat your child’s annual review with the importance that you would any other annual review, even if you know that your child will be attending a different school next year.

Pursuant to IDEA 2004, the new school must provide your child with a free appropriate public education by providing services comparable to what is in his or her current IEP when the child enters the school. The comparable services must be provided until such time as the IEP Team at the new school meets to adopt the old IEP or develop a new IEP.  The Team may, of course, decide to conduct an evaluation if they determine it to be necessary.  These rules apply whether you move to a new school district within the state or to another state.

So, make sure that when you provide your new school district with all of your child’s school records, health forms and other information that you include the IEP and make sure that you have a conversation with them about how they will implement comparable services to those described on that IEP until such time as the Team convenes and develops (or adopts) an IEP.

This week the last living plaintiff from Brown v Board of Education died. Zelma Henderson was 88 years old.  She, perhaps, summarized the purpose of this historic 1954 Supreme Court decision better than most.  In 2004 Mrs. Henderson told The Associated Press”I wanted my children to know all races like I did. It means a lot to a person’s outlook on life. No inferiority complex at all, that’s what I wanted for my children as far as race was concerned.”

The Court held in Brown v. Board of Education that segregating schools based on race violated the 14th amendment to the United States Constitution which guarantees citizens the equal protection of the law.  It has been the basis for many education and human rights cases in the decades since the ruling and it remains one of the most important cases in American legal history.

The Brown decision did not create instantaneous desegregation and equality in American public schools.  Many would argue that that process is still ongoing more than 50 years later.  However, its importance should not be underestimated and should be reflected on at this time.  Perhaps, this reflection can lead to some policy changes and thoughtful action that will further equality in our public schools.

In light of the grim news that Senator Ted Kennedy has been diagnosed with brain cancer, I thought it time to start to start a new tradition on this blog. 

From now on Wednesdays will be politician day.  Every Wednesday I will pick a different lawmaker, or political candidate, and focus on his or her views on education.

The honor of being first in this series will go to Ted Kennedy.

Throughout his tenure in the Senate, Mr. Kennedy has been a strong advocate for public schools.  He firmly opposes school vouchers, reasoning that it takes money away from the very schools that need saving.  He supports after school programs and 21st technology programs in the classroom.  He is very much in favor of public education and making our public schools the best that they can be. He also believes in making college more accessible and more affordable for all who wish to attend.

Senator Kennedy should be commended for his commitment to public education and I hope that he will be a champion for education for many, many more years in the United States Senate.

With today’s AP report that schools are beginning to feel the consequences of No Child Left Behind, I think the time is here to discuss the funding of education laws.  Many laws, like the Individuals with Disabilities Education Act (IDEA) require school districts to do certain things for individual students.  Many of these things are important and lead to better education for students.

However, the problem is that the federal and state legislatures often impose these requirements on school districts without providing the money  necessary to implement the laws.  School districts and, more importantly, students then face the consquences.

If the public school system in this country is ever to reach its full potential then the laws that are drafted to ensure equality and create educational opportunities need to be funded so that districts can provide the opportunities to their students.  In order to achieve this goal, it is important that we all make our feelings known to our Senators and Representatives and implore them to stop issuing underfunded mandates and to start providing more resources to our schools. 

It’s spring again..time for senioritis, spring fever and lots of energetic students.  Sometimes that energy goes a little too far and students end up making some not-so-great decisions that get them into trouble.  Skipping class and pranks that seem funny at the time could get students in trouble.  They can even get the student suspended.

Suspension is a serious consequence.  If your child is in regular education and is suspended then the first thing that you should do is to consult your student handbook.  The handbook should clearly describe the types of things that will get a student suspended, the length of suspension and the procedures for appeal if the student (or his or her parents) feel that the suspension was unfair. 

If your child is in special education then he or she has additional rights so that he or she is not denied a Free Appropriate Public Education.  Your child may not be suspended for more than 10 days without receiving educational services including IEP services.  This includes in school suspensions.  However, the district does not need to provide the education and IEP services in your child’s regular program.  Alternate arrangements may be made.

Remember that in this day and age many schools have zero tolerance policies for bringing a weapon or drugs to school or for students that threaten violence. 

Make sure that your child knows how serious the consequences are for these things and encourage your child to make plans to safely enjoy the end of the school year.

The answer is a definitive maybe.

 There are times when a special education advocate can be very useful.  And, there are times when special education advocates are a waste of money.

If you have good open communication with your child’s teachers and IEP Team chairperson then you do not need someone to advocate for your child.  You are already doing it effectively.

Yet, there are times when you may need someone to help you convince the skill district that a particular program or therapy is right for you child.  Or you might need advice on how to deal with a district that is not complying with IDEA.  In those cases, a special education advocate can be very useful if you hire the right one.

When you begin the hiring process, you should know that there are no licensure or educational requirements to declare oneself a special education advocate.  So, you must interview potential advocates carefully.  Ask about:

• Where they went to school
• What training they have in special education advocacy
• How they keep up to do date on changes in the law and new therapies or programs related to your child’s disability
• What services they offer; and
• Ask For references; and check them!

In the end it is you, the parent, who has the legal responsiblity to communicate with your child’s school and it is you who will accept or appeal an IEP.  However, sometimes it is nice to have a knowledgeable advcoate with you on this journey.

Many high school students wonder if they can quit school.  From an educational point of view, there is no substitute for finishing high school.  However, sometimes that is not an option.  Sometimes life gets in the way and a teenager has to go to work to help support his or her family or a teenager has to care for a sick relative or a new baby.  Whatever the reason, many states that have compulsory education laws allow students to drop out of school at a certain age.

 The age at which students can legally drop out of school varies from state to state.  Some states require a guidance counselor to provide you with information about your decision when you drop out.  If you are considering dropping out of school then it makes sense to speak with your guidance counselor who can give you information about the GED or adult education options.