Florida Law Enhances Special Education Rights

Florida enacted a new law this week intended to reiterate the rights of parents of special education students, including a provision that parents must agree to have their child placed on a track to earn a non-standard diploma, and that schools cannot discourage parents from bringing an adult of their choice to individualized education program meetings.

The text of the law, Senate Bill 1108, has been helpfully summarized by Disability Rights Florida, an advocacy group. The advocacy group supported the changes, said Ann Siegel, the managing attorney for the organization's education team.

Many of the new provisions underline rights that were already a part of the Individuals with Disabilities Education Act, but that parents nevertheless had a difficult time enforcing, Siegel said. Parents have always been a part of IEP team meetings, but Siegel said she has heard of cases where schools were shifting students onto special diploma tracks without giving parents an opportunity to object, or to even see the information that was prompting such a decision. The parents were then forced to shoulder the burden of proving that such a placement was inappropriate. Special, non-standard diplomas also cannot be used to enroll in college or the military, so a student with a special diploma can have limited options after graduation, she said.

Read more of Christina Samuel's On Special Education article HERE.

Disability Rights, Access to Education Vary Around the World

By Nirvi Shah from On Special Education

This blog rarely ventures beyond the borders of the United States, as it seems there are ample issues to discuss about special education on American soil. But today it seemed worthy of note that it's the International Day of Persons with Disabilities.

For starters, the U.S. Senate is still debating whether to approve the U.N. Convention on the Rights of Persons with Disabilities.

The Council for Exceptional Children calls the document landmark and has been urging the Senate to ratify it, noting that 90 percent of children with disabilities in developing countries have no access to school, in sharp contrast to educational access for children with disabilities in America.

Although the treaty has bipartisan support, the National Review notes, and it has been signedby President Barack Obama, some senators oppose the measure because they believe it would not have any effect on people in the United States.

Read more HERE.

Breaking Barriers: The Disability Rights Movement in Russia

When I first crossed the doorstep of an American high school as a 17-year-old new immigrant from Russia, my jaw dropped – kids in wheelchairs were playing tag in the wide hall, a cute teen-age couple was communicating animatedly in what appeared to be sign language; a blind boy was walking next to a classmate laughing at some kind of a joke. I turned to my American cousin and asked in still rudimentary English, “Immigrants here sent to special handicapped school?”

He stared at me uncomprehending, not realizing that in my 10 years of Moscow schooling I never had classmates with disabilities. In fact, until I went to the United States in the early 90’s I hadn’t seen many people with disabilities. Back home they were next to invisible, confined to special institutions or their homes, as the concept of an inclusive society didn’t exist.

Read more of  Tanya Lokshina's Human Rights Watch article HERE.

38 Civil Rights, Disability, Business, and Education Organizations Oppose House ESEA Proposal

Washington, D.C. – Today, 38 organizations – representing a broad cross-section of civil rights, business, disability, and education organizations – publicly released a letter sent yesterday to House Education and Workforce Committee Chairman John Kline “firmly opposing” a proposal to rewrite Title I and other parts of the Elementary and Secondary Education Act (ESEA). Many of these organizations also joined together in November 2011 in declining to support the Harkin-Enzi bill in the Senate.

The organizations oppose the draft Student Success Act because “it abandons accountability for the achievement and learning gains of subgroups of disadvantaged students who for generations have been harmed by low academic expectations. The draft also eliminates performance targets, removes parameters regarding the use of federal funds to help improve struggling schools, does not address key disparities in opportunity such as access to high-quality college preparatory curricula, restricts the federal government from protecting underprivileged students, and fails to advance the current movement toward college- and career-ready standards.”

See the press release on the Leadership Conference website HERE.

Special Needs topics in the News

Disabilities rights legislation due (Ireland)- read HERE.

Report card damns disabled quality of life (Australia)- read HERE.

Matthew P. Sapolin, Who Led Bloomberg’s Office for Disabled, Dies at 41- read HERE.

Lives Worth Living Premieres on the PBS Series Independent Lens on Thursday, October 27, 2011 at 10 PM!

Lives Worth Living is both an historical documentary about the Disability Rights Movement and a biography about one man's struggle to survive.

Charismatic leaders of the movement narrate the story of a long, hard, and successful drive for civil rights — a drive that brought together a once fragmented population into a powerful coalition that created some of the most far reaching civil rights legislation in our nation's history.

People with disabilities are one of the largest of any minority within our nation, and this is the first television history on the subject. It is a window into a world inhabited by people with an unwavering determination to live their lives like anyone else, and a passage into the past where millions of people lived without access to schools, apartment buildings, public transportation, etc. — a status quo today's generation cannot imagine.

Read more HERE.

Chicago Disability Rights Activist, Stephanie Cris Matthews, Remembered

Stephanie Cris Matthews was a leader in the disability rights movement in Chicago who once garnered national attention for protesting Jerry Lewis’ annual Muscular Dystrophy Association telethon.

Ms. Matthews, who grew up on the Southwest Side of Chicago with a form of muscular dystrophy, helped found the Chicago chapter of ADAPT, a grassroots organization dedicated to improving care of the disabled.

As a former employee of Access Living in Chicago, she was heavily involved in the lawsuit in the 1980s that brought wheelchair access to CTA buses.

Read more of Katie Drews' ObituaryChicago.com article HERE.

BART ramp project curbs wheelchair access

LAFAYETTE -- Bay Area Rapid Transit officials spent $2 million on a new ramp leading to the Lafayette station but didn't include provisions for wheelchairs to get from the parking lot to the access ramp.

That's not the only issue that might draw the ire of disabled-rights supporters. The south parking lot at the BART station has 117 stalls for vehicles, but not a single space has been set aside for the disabled - putting the transit agency potentially at odds with the federal Americans with Disabilities Act.

Federal guidelines generally call for one handicapped space for every 25 parking spots.

The new ramp allows wheelchairs and bicycles to bypass the 26 stairs leading from the south parking lot to the station entrance. The $2 million price tag covered the costs of the planning, design, landscaping, stairs and the marquee ramp that zigzags in four sections up the hillside to the station's south entrance.

But the parking lot has no curb ramps or lips that would enable wheelchairs or bicycles to easily get from the parking surface to the sidewalk, where the ramp begins. BART officials say the ramp project was designed to connect the station to a bike path leading to the Lafayette City Center. Wheelchairs could access the ramp there, but the entry point to that path is down a hill near busy Mount Diablo Boulevard.



Read more of Mark Katches' SF GATE article HERE.

Join the Equal Rights Center’s 50/50 Campaign!

From The Equal Rights Center

50 Days. 50 States and DC. 500 Members

Since the ERC’s founding nearly 30 years ago, we have celebrated many victories. People with disabilities have greater access to buildings and services where physical barriers previously limited their use, Housing Choice Voucher holders are able to live in neighborhoods of their choice, and other individuals who have experienced discrimination have been able to seek redress for themselves and ensure that others’ civil rights are protected.

We have built a movement of advocates with the common goal of “civil rights for all.”

And we need you!

Our team of civil rights leaders spans areas of expertise including disability rights, immigrant rights, LGBT rights, women’s rights, fair housing and much more. We use a multi-faceted approach of education, research, testing, counseling, advocacy and, when necessary, enforcement. This unique blend of dynamic approaches and specialized focus has made us highly effective at advocating both for individuals who have faced discrimination and for the expansion of non-discrimination policies across the country.

The ERC is made up of much more than our staff and Board of Directors. ERC members are the eyes and ears of the organization by:

• Alerting us to existing issues and instances of discrimination;
• Participating in ERC civil rights investigations;
• Staying informed about civil rights issues; and
• Helping to advocate for change.

Our members make our victories more numerous, effective and meaningful.

To grow our team of advocates even more, we have just launched the “50/50 Campaign” to recruit 500 members in 50 days in 50 states and DC!

It’s easy to become a member – just sign up at this link! No financial commitment is required, just a genuine desire to create positive social change.

Join our movement to advance civil rights for all. Be part of the 50/50 Campaign today!

Questions?

Give us a call at 202.234.3062 or send an email to members@equalrightscenter.org.

Article HERE.

Deaf Lawyer to Head FCC's Disability Rights Office

Gregory Hilibok has been named the new head of the Federal Communications Commission's Disability Rights Office

Click here for more on this article.

To Braille or Not to Braille

The New York Times published a thought provoking piece, Listening to Braille. As technology evolves, more people in the developed world move from using braille to technology. This article explores how this shift challenges our definitions of disability, independence, literacy and cognitive development.

How to request an evaluation or assessment for your child from the school district

If you would like to have your child assessed, you must contact your local school administrator. The school administrator would be the principal or the special education program consultant. List your reasons for the request (what you suspect may not be typical) and request an evaluation. You must follow it up in writing. The request must be dated to document a timeline. The school district must have your request in writing to begin the process. When the document is received by the school district, the process must begin.

For more information regarding assessments and other disability rights, please refer to Community Alliance for Special Education (CASE) or Disability Rights California. This site addresses 52 questions regarding the assessment process. You might even want to bookmark this site or download the information.

DREDF offers IEP workshops

From our friends at the Disability Rights Education Defense Fund

If you have a complex IEP issue, contacting the parent Liaison is a great idea. And often it is helpful to get another opinion or perspective. Several community resources exist for this purpose, DREDF is one. In their recent newsletter, they sent this:

DREDF is a non-profit law and policy center for adults and children with disabilities. We operate a Parent Training and Information (PTI) Center to help families and others in the community get the information, training, and resources they need to advocate effectively for the education rights of children with all types of disabilities. Our Foster Youth Resources for Education (FYRE) program, a Community Parent Resource Center, is dedicated to the educational needs of foster children and youth with disabilities, their caregivers, and others who support the needs of foster youth. These resources are funded by the U.S. Department of Education.
http://ent.groundspring.org/EmailNow/pub.php?module=URLTracker&cmd=track&j=282943948&u=3100739

We offer our services free of charge.
Call 510-644-2555 or 800-348-4232 to contact an Education Advocate.
Copyright 2009

UPCOMING DREDF WORKSHOPS

Registration is Required. Space is Limited.

UNDERSTANDING THE SPECIAL EDUCATION PROCESS
An overview of the special education process, Section 504, and IDEA laws. 

Date: Second Monday of the month except August & December
Next offered: July 13, 2009 
Time: 6:30 to 9:00 pm (Pizza included!)

IEP CLINIC APPOINTMENTS
Call to schedule a 30-minute appointment with a DREDF Education Advocate to discuss an issue around your child's IEP or504 Plan. Bring IEP and other pertinent paperwork. You must attend our special education workshop (above) to qualify for this service. 

Date: Third Tuesday of every month except July, August, & December
Next offered: September 15, 2009
Time: 10:00 am - 2:00 pm (30 minute appointments)

Where: DREDF, 2212 Sixth St, Berkeley, CA
To register: Tyler Zoanni at tzoanni@dredf.org or 510-644-2555 ext. 227

Lanterman Act Erosion

In California, services to children and adults with developmental
disabilities are determined by the Lanterman Act. As a result of the
Lanterman Act, Regional Centers were designed to assist individuals
with disabilities throughout their lives. Case managers get to know
the children when they are young and collaborate with them and their
families throughout their lives, connecting them with the community
services they need. The Lanterman Act states: "The State of California
accepts a responsibility for persons with developmental disabilities and
an obligation to them which it must discharge." As the state's budget has been imploding, legislators and the governor are aiming their axe everywhere, including the Lanterman Act.

In an attempt to keep the State solvent, the Department of
Developmental Services was asked to cut $330 million out of its budget. The Department came up with a list of proposed cuts that, if signed into law
by Governor Schwarzenegger, will affect people with disabilities immediately. The proposed cuts include: restricted access to Early Intervention
services, a cap on respite hours, limits on choice in service providers and
the elimination of social/recreational support. A full summary of the
proposed cuts is available here.

Advocates for the developmentally disabled fear that these cuts will
not only harm individuals with developmental disabilities, but also
undermine the Lanterman Act itself. The Lanterman Act assures that
the needs of individuals with disabilities will be met and that they
will have a say in what happens in their lives.

Now is the time to remind our legislators of the importance of the
Lanterman Act, and that California has a civic and moral
responsibility to uphold its commitment to its citizens with
developmental disabilities. You can contact your legislators here.

Speak Up on Health Care Reform!

President Obama has begun drafting health care reform proposals. Few things impact families who care for children with special needs as dramatically as education, but one of them must be healthcare. Many of us have run into situations where health insurance providers write blanket exclusions for whole categories of disability-- hopefully a thing of the past. You can find out more about the developing proposal and voice your concerns, questions and needs here. 

Regional Centers Denying Services, too

Is your child a client of RCEB? This is for you. Seems like everything I think, write and say lately begins with "in the current economic crisis..." but the truth is schools and Regional Centers have been under tremendous economic pressure for years, and the experience of having services protected by law denied is not new for many of us. This publication from Protection and Advocacy answered many questions about what Regional Center's responsibilities are. As with school IEPs, services in RCEB are driven by goals in the IPP. Now more than every it is important to make sure those documents are accurate and complete, with all the I's dotted and T's crossed.