Monthly Archive for June, 2005

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Rescinded reimbursement

A U.S. District Count has ruled that parents of an Oregon boy with special education needs were not due a tuition reimbursement that they had won in a state circuit court. District Judge Michael Mosman ruled that the Forest Grove (Lake Oswego, OR, US) local education agency does not have to reimburse the fees that Stan and Barbara Ash incurred in educating their son. Originally, the Ash family was awarded $350,000 to repay the costs of their son’s education. The case will be appealed to the 9th U.S. Court of Appeals. The case is known as “Ash v. Lake Oswego School District” [No. 7J, 766 F.Supp. 852 (D.Or. 1991) and 980 F.2d 585, 589 (9th Cir. 1992)].

Links:

Another aspect of this report raises a recurring theme; the story describes the boy has having three different disabilities. Here are two quotes (my emphasis):

They were awarded $350,000 for reimbursement for their autistic son’s education.

Such was the case with the parents of a boy at the Forest Grove School District who in 2001, was evaluated by the district staff. They determined that he did not have a learning disability and so was not eligible for special education.

But the student – whose name has been withheld to protect his privacy – consistently had trouble paying attention and finishing school work, according to court records. His grades kept dropping and he was using marijuana.

The family contends that the district failed to diagnose him properly. A doctor hired by the family later diagnosed the boy with attention deficit hyperactivity disorder.

LD? Autism? ADHD? What’s the diff? Who cares, hunh?

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Proposed IDEA regs available

The U.S. Department of Education released a draft version of new regulations for the implementation of IDEA. Because they include new language for the identification of students with Learning Disabilities, these regulations are particularly important for LD. The 2004 law included a clause that permits U.S. states to experiment with “response-to-intervention” or “response-to-treatment” models for determining whether students will be eligible for special education services as a child with Learning Disabilities. Here is the first paragraph of the the press release announcing the availability of the regs. (see links at end for obtaining a copy of the regs.).

The U.S. Department of Education today announced proposed regulations to implement the Individuals with Disabilities Education Improvement Act of 2004 and invited public comment. Passed late last year by Congress, the act updates the statute that provides special education services for America’s 6.8 million children and youth with disabilities.

The Department will be holding seven meetings around the U.S. to obtain comments by members of the public about the rules. People concerned about LD should attend or, if they cannot attend and comment, send comments to the Department of Education.

Here are links to the press release, the unofficial copy of draft regulations, and the schedule of public meetings.

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LD an issue in press coverage of murder

This one’s hard to resolve. The Cincinnati Enquirer of 29 May carried a letter to the editor objecting to press references to an individual’s Learning Disability. In the letter, Carolyn Cowgill wrote about the coverage of a young man who was accused of murdering his brother.

What was disturbing to me was the way the media felt compelled to make such a point of revealing over and over that the accused “did have a learning disability,” as if this was a reason for doing what he did.

This sent me to the Cincinnati Enquirer to find the original. However, I couldn’t find mention of a disability when searching the Cincinnati press. Currently available copies of the Enquirer’s initial report of the homicide, its fuller coverage a day later, its story about attorneys representing the accused boy, and a follow-along story do not identify the boy as having LD. I wonder why I can’t find it. Has the published version been sanitized?

Link to Cowgill’s letter to the editor.

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Graduation news—1

It’s that time of year. News sources are covering human interest stories about graduation and, judging from the number of stories on the topic, there are many humans interested in beat-the-odds stories such as those about students with disabilities who graduate. In no particular order, here are a few sundry snips about graduation.


A student who hasn’t passed high-stakes test requests participation in ceremony.

Since second grade, Mandy’s been a student under the 504 program. It helps students with learning disabilities have modifications so they can learn at their own pace.

Mandy’s learning disability is test taking. She gets overly anxious and starts to panic before an exam, but she’s not using that as an excuse.

Link. Update: Request denied.


A high-achieving high school who has LD gets recognition.

There were others: Brent McMullen of Nimitz won a Different Learner scholarship. He has a learning disability, but he hasn’t missed a day of school since kindergarten.

Link.


State officials consider conflicts in state’s diploma policies.

In any high school, one performance level applies to all students, including disabled students, to receive one and only one type of diploma, the Maine Learning Results (MLR) certified diploma. Ironically, this thinking runs counter to Maine’s early Learning Results discussion that rejected high stakes testing and high stakes diplomas. Everyone will agree that an emphasis on high graduation standards is good, but the one-standard-fits-all approach, especially for disabled students, puts the diploma out of reach.

Link.


Individual with CP and LD earns an advanced degree.

Never mind that [Linda Linda Troutman-Zelows] was diagnosed with cerebral palsy at age 3, or that she had a consequential learning disability. Never mind that she was teased mercilessly by classmates, or that the dating scene for her in high school was an absolute nightmare.

Linda was certain she would succeed, even after her physician told her at age 16 that she’d better marry someone wealthy because of her condition.

Link.


Teacher with LD graduates, to teach special education students.

Alexandria Efros will use her master’s in education at Ellis Elementary School in Fremont, where she teaches special education. She was identified with a learning disability in fifth grade, and now helps children at that age. She will also coordinate special and regular education components for the school’s compliance with the federal No Child Left Behind Act.

Link

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