Attorney Offers Advice on How to Be Your Child S Champion

Special Education SEA Alliance 200

Scrolls February 2006 Legislative update Supreme Court to hear special education case; federal budget could include human services cuts

By Kirsten L. Izatt, Legislation chair

There are two public policy issues that parents of children with special needs should be aware of.

The first involves a U.S. Supreme Court decision to hear in 2006 the case of Arlington Central School District v. Murphy, which will address whether parents who prevail in special education cases may be reimbursed for the costs of their experts and/or educational consultants. The resolution of this issue is critical because many parents will be unable to pursue their cases if there is no fee shifting provision to allow for the recovery of appropriate expert fees.

The case involves fees provided to a well-known educational consultant and advocate for children with disabilities. The Individuals with Disabilities Education Act (IDEA) provides that parents have a right to be accompanied and advised by an “individual with special knowledge,” but the statute does not explicitly provide that the school district is required to pay for such an individual. Moreover, the educational consultant did not testify as an expert — unlike an educational evaluator, diagnostician or psychologist.

The impending Supreme Court case should clarify whether and under what criteria lay evaluators are entitled to compensation.

The second issue that parents should be aware of is the Budget Reconciliation Act, which was scheduled for a final vote on Feb. 1. Although both the House and the Senate voted in favor of the Budget Reconciliation Conference Report, the Democrats changed some minor provisions, and a revote was scheduled. Virtually all of the national and local disabilities rights organizations have opposed the bill. If the conference report is approved as written, almost $40 billion will be cut from human services entitlement spending, and eligibility requirements will be made even more stringent.

Why should parents care? Your child as an adult might need to rely heavily on the social service support network to survive. This means that any changes to Medicaid/SSI with respect to eligibility requirements or funding could directly and adversely affect your child when he or she is an adult. For example, the conference report introduces caps and waiting lists into the basic Medicaid program and allows states to cap the number of people to be served under the new home and community services option.

With only a few exceptions, Republicans voted in favor of cutting services, and Democrats voted against cutting services.

Attorney offers advice on how to be your child’s champion As a parent of a child with special needs, you’ve undoubtedly heard the phrase, ”You must be your child’s advocate.”

Special education law consultant Maureen A. Lowry-Fritz, J.D., M.A., offered her perspective on how parents can be their child’s champion when she spoke at SEA200’s January meeting.

She urged parents to use the Individuals with Disabilities Education Improvement Act (IDEIA 2004) to collaborate with school districts instead of fighting. Lowry-Fritz acknowledged that there is a place for due process, but encouraged parents to make every attempt to resolve differences about their child’s special education without getting attorneys involved.

“When you bring lawyers in, they will be doing most of the talking and they know the least about the child,” she said.

What is IDEIA? IDEIA is federal legislation enacted to secure for children with disabilities a free, appropriate public education that includes uniquely designed special education and related services, Lowry-Fritz explained.

There is a two-pronged test to determine if a child is eligible for special education services under IDEIA. First, he or she must fit into one of the categories of

2 disabilities outlined in the law, including autism, mental retardation, emotional disturbance, specific learning disability, other health impairment, orthopedic impairment, traumatic brain injury, hearing impairment, visual impairment, deaf- blindness, and multiple disabilities. Second, the disability must be such that special education and related services are necessary.

The purpose of IDEIA is to improve the quality of education provided to children with disabilities; to improve their performance; and to strengthen the role of parents in developing the students’ education plan.

Key terms Lowry-Fritz explained the following concepts of IDEIA:

1. Zero reject. Schools cannot reject a child based on the severity of his or her disability. 2. Free appropriate public education (FAPE). Free means the parent does not have to pay for public education. While IDEIA does not provide a definition of appropriate, it does not mean a child is entitled to a great education or to all of a parent’s wishes. The bulk of IEP disputes are due to the definition of appropriate, according to Lowry-Fritz. 3. Least restrictive environment. A child is entitled to be educated with his or her peers to the maximum extent that is appropriate. 4. Confidentiality of information. Lowry-Fritz encouraged parents of medically fragile children to allow as many people as necessary to know about the child’s disability. 5. Technology-related assistance. Lowry-Fritz suggested parents do research to find out what types of resources are available and then hire a professional (e.g., physical therapist, occupational therapist) to help them convince the school district the technology is needed. 6. Personnel development. There are new requirements for teachers who have students with special needs in their classrooms. 7. Private school placement. If a parent wants the child educated in a private school, then the parent must pay the tuition. If the school district places a child in a private school, the district in which the school is located must pay the cost. 8. Discipline. Is the infraction caused by the student’s disability? If not, he or she would be subject to the same disciplinary policy as regular education students.

Individual Education Plans (IEPs) Lowry-Fritz outlined the steps in the IEP process as follows:  Identification of a student, which is the school district’s responsibility.  Evaluation of the student to determine eligibility.

3  IEP development. Lowry-Fritz noted that IEPs should be based on the child’s needs not on the availability of services.  Placement.  Re-evaluation

She also offered a number of suggestions to make the IEP process go smoothly.

First, she suggested that two weeks before an IEP meeting, the parent call all of the team members and ask for a copy of their goals. While they are not required to provide the goals in advance, it is helpful if the parent can review them, mark them up and offer feedback before the meeting.

If you get stuck on an issue during the meeting, Lowry-Fritz suggested coming back to it at the end of the meeting. If the issue still cannot be resolved, she suggested writing an addendum to the IEP stating your objections. While the addendum will not change the IEP, it gives you a chance to voice your disagreement without throwing out the entire IEP.

Advocacy strategies Parents have many opportunities to be a voice for their child with special needs, according to Lowry-Fritz. They can do so during evaluations, at IEP meetings, during parent-teacher conferences and during scheduled phone conversations. She discouraged parents from talking about the child during informal classroom visits or when they “run into” a teacher.

Finally, Lowry-Fritz offered the following advice on how to be your child’s CHAMPION:

Customize the IEP to the child’s unique needs. Handle conflicts as they arise. Avoid pitfalls that plague IEP meetings, e.g., getting too emotional. Maintain the parent-school relationship. Participate in a professional manner. Involve the parents in the process. Organize your child’s file. Navigate through the school system.

For more information, visit www.specialedmoms.com or e-mail [email protected].

4 March SEA200 meeting: Assistive technology Time: 7-8:30 p.m. Date: Tuesday, March 7 Place: Monroe Middle School, 1855 W. Manchester Road, Wheaton Contact: Deb Durrbeck, (630) 393-1332

Cilla Sluga, director of training and staff at Tech Connect, and Lisa York, from District 200, will discuss assistive technology devices. They will demonstrate technologies for people who are visually impaired, hearing impaired, physically impaired and cognitively impaired with devices that can assist them in work, school, home and recreation. They also will prepare you to use assistive technology resources effectively. In addition, they will inform consumers and service providers of third-party funding sources available for buying assistive technology.

All SEA200 meetings are open to everyone. Membership is not necessary. Catch of the Month

“Catch of the Month” is a column that answers your frequently asked questions. It is our hope that we, as a community, are able to offer possible resources to meet the unique needs of our children.

This month’s question was: Does anyone have helpful hints/strategies to use with your special needs kids when you are dining out?

Top 10 answers:

1. I keep a "magic bag" filled with activities that the kids are only allowed to play with when we go out to eat, to a special function or when we are waiting for a sibling at an activity or therapy. 2. I take small handheld games that can be played at the table. 3. I have my kids decide what they will eat as we are driving to dinner. Many menus are on the Internet. 4. Mom and Dad usually get talk time during dinner, but we all play a family game such as Go Fish, tic-tac-toe or hangman while we eat dessert or wait for the check. 5. If service is long, we take a walk outside for fresh air and count the stars!

5 6. Go before 6 p.m. before it gets crowded. 7. Sit near less-traffic areas of the restaurant. 8. If the adult’s meal will take longer, have waiter bring kids’ food out first. 9. Sit in a booth (easier to keep our special children in their seats!) 10. Frequent the same restaurant often so that your child becomes comfortable with the setting and the employees (and "regulars") get to know your child.

February’s Catch of the Month question: I would like my child to take music lessons. Can anyone suggest a teacher or program that is good for special needs children?

Meetings, workshops & seminars

Supporting a family member with a disability Time: 9 a.m. to 3 p.m. Date: Saturday, Feb. 18 Place: Easter Seals DuPage, 830 Addison Road, Villa Park To register: Contact the Family Support Network at (847) 791-2432, e-mail [email protected] or visit www.familysupportnetwork.org.

Does your family have what it needs to support your family member with a disability? What about the future? Will there be funding? The Family Support Network and Easter Seals DuPage will present a one-day conference that will address what good individual and family support looks like and how we can work together to improve services for people with disabilities in Illinois. The Family Support Network advocates for programs and policies that support children and adults with disabilities so they can live with their families and in their communities.

3rd annual Education/Recreation/Resource Open House Time: 7-9 p.m. Date: Thursday, Feb. 23 Place: Hadley Junior High School, 24 Hawthorne St., Glen Ellyn Contact: Special Education Resource Committee of Glen Ellyn District 41, www.district41serc.org

6 Looking for something to do this summer (or throughout the year)? This popular event provides an opportunity to learn about summer tutoring, camps, classes, social groups, music and art therapy, support groups for parents, sibling workshops, therapeutic horseback riding, books, resources, etc. Representatives from many organizations will be on hand to describe their programs and answer questions.

Raising a Child with Special Needs: A Family Perspective Time: 1-3 p.m. Date: Monday, Feb. 27 Place: Jefferson Preschool, 130 N. Hazelton Ave., Wheaton To register: Call (630) 682-2474

This workshop is designed to explore the family's adjustments, adaptations and reactions to raising a child with special needs. We will be looking at these issues as they change over time and how they vary for individual family members. Participants will include moderator Pat Koenig L.C.S.W., Jefferson Preschool social worker, and four parents who will share their experiences. Those attending the workshop also will have an opportunity to talk with the panel.

Maintaining Your Marriage: Growing as Partners with a Special Needs Child Time: 7-8:30 p.m. Date: Monday, March 6 Place: Jefferson Preschool, 130 N. Hazelton Ave., Wheaton To register: Call (630) 682-2474 Presented by: Cheryl Denz, M.A., LCPC of Riverview Counseling Services, Ltd.

During this presentation parents will:  learn how having a child with special needs may affect the marital relationship;  identify the common relationship "traps" that can trip up such marriages;  explore strategies to heal and strengthen the marital relationship;  have the opportunity for an open question and discussion session.

“Putting Yourself in the Shoes of a Person with Learning Disabilities”

7 Time: 7 p.m. Date: Thursday, March 16 Place: Hawthorne School Gym, 145 W. Arthur, Elmhurst Presenter: Jan Varchetto Contact: Amy Peterson, (630) 833-4212 Sponsored by the Special Education Resource Group of Elmhurst

Hippotherapy: An Effective Treatment Strategy for Children on the Spectrum Time: 6:45-8:45 p.m. Date: Tuesday, March 21 Place: Center for Speech and Language Disorders, 195 W. Spangler, Suite B, Elmhurst Presenter: James Emmett Reservations are necessary. Call (630) 530-8551, ext. 104, or visit www.csld.org

State has waiting list of disabled who need services The State of Illinois maintains a database of unmet service needs for persons with developmental disabilities. The database is called Prioritization of Urgency of Need for Services (PUNS).

If you are not on the waiting list, then you will not be able to get funding for services. To get on the waiting list, you need to contact your local Pre-Admission Screening (PAS) Agency. For more information, visit www.illinoispunswatch.com.

SEA200 officers

Deb Durrbeck, President [email protected] Phone: 393-1332

Laura Javech, 1st Vice President [email protected] Phone: 665-1896

Tonie Lyubelsky, 2nd Vice President [email protected] Phone: 690-9948

8 Theresa Hinck, Secretary [email protected] Phone: 653-3224

Marie Jensen, Treasurer [email protected] Phone: 665-5717

Feel free to contact us with any questions you may have!

Information contained in this newsletter is not necessarily the views of the SEA200 organization.