Guest guest Posted May 31, 2006 Report Share Posted May 31, 2006 This email was sent by slaw.com per your request. To ensure delivery, please add newsletter@... to your address book. slawSpecial Ed Advocate Parents Prevail in ABA Autism Case; Pete's Analysis of Henrico v. RT Home Date: May 31, 2006Issue: 354ISSN: 1538-3202 In this Issue 1. Parents Prevail in ABA Autism Case! 2. Analysis of Henrico Sch. Bd v. ET by Pete 3. IDEA 2004 Regs Update (05/31/06)4. CA Supreme Court Reinstates Exit Exam for Class of 2006 5. Summer Schedule: slaw Programs in PA, DE, FL, GA, TX, KY6. Subscribe & Contact Info Subscribe Your Email: (Check Email for Spelling)Your Zip code: At slaw, our mission is to help you gain the knowledge and skills you need to navigate the confusing, changing world of special education.Download this issue. All issues published in 2006. Archives (1998-2006)Subscribers on May 31, 2006: 47,159Do you have a friend or co-worker who wants to learn how to advocate for a child with a disability? Please forward this issue or the subscription link to your friends and colleagues so they can learn about special education law and advocacy too. 1. Parents Prevail in ABA Case, Costs Could Exceed Hundreds of Thousands of Dollars On May 26, 2006, U. S. District Court Judge Payne issued an extensive pro-child decision in a tuition reimbursement case on behalf of a child with autism. The judge found that the school system knowingly and repeatedly failed to provide an appropriate educational program for a young child with autism. In awarding tuition reimbursement for a private school that employs intensive one-on-one ABA therapy to educate children with autism, the judge slammed the School Board for "inertia:" "The Court finds that the School Board’s conduct in this matter reflects the inertia to which Congress was referring when it wrote in the IDEA that 'the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.'" 20 U. S. C. § 1400©(4). Henrico County School Board v. R. T. Download the decision in Henrico County School Board v. R. T.More Autism CaselawMore Special Education Caselaw 2. Analysis of Henrico School Board v. R. T. by Pete R. T. is a child with autism. In the Fall of 2002, his parents removed him from the public school special education program and placed him into the Faison School. “At the Faison School, RT flourished†and made “rapid and significant progress.†Within a few months, RT went from being a nonverbal child to speaking at least 100 words." The parents sued for tuition reimbursement. The decision in Henrico County School Board v. R. T. is very comprehensive and includes many excellent points that can be used in other types of cases on behalf of children with other disabilities. Henrico County School Board v. R. T. is on the level of Zachary Deal v. Hamilton County TN Board of Ed (6th Cir. 2004) and Bd. of Ed of Kanawha WV v. M. in providing good quotes and logic to use in briefs and judicial decisions.In Analysis of Henrico County School Board v. R.T. by Pete , you will learn about the Burden of Proof and Burden of Persuasion after the U. S. Supreme Court ruling in Schaffer v. Weast and the comprehensive analysis of ABA and TEACCH.The decision describes what deference, if any, should be provided to school board programs, methodology, and the testimony of school board witnesses (e.g., "that Ms. 's assessment of RT is entitled to little weight because it is based on anecdotal, rather than systematic, data collection ... ")Read Analysis of Henrico County School Board v. R.T. by Pete .More legal articles. 3. IDEA 2004 Regs Update (05/31/06) We just learned that the IDEA 2004 regulations have left the Department of Education and are being reviewed by the Office of Management and Budget. Pursuant to deadlines set by the rules, the final regulations are likely to be published in August 2006. However, exceptions can be invoked that may lead to further delays.We will continue to post updates in The Special Ed Advocate newsletter and on slaw.Proposed IDEA 2004 Regulations IDEA 2004 at slaw . 4. California Supreme Court Reinstates Exit Exam for Class of 2006 In 1999, the California Legislature passed legislation that requires students to pass exit exams in English and math before graduating from high school. The Class of 2006 is the first class to be affected by this requirement.Subsequently, a group of five students sued the state, claiming the exit exam requirement discriminates against low-income and minority students in Valenzuela v. O'Connell. Last week, the California Supreme Court overturned a lower court ruling and reinstated the exit exam requirement - at least temporarily. This ruling will affect 47,000 seniors who have not passed the exit exam. The court will accept briefs and hear oral arguments on the exit exam later this summer.On May 30, the State School Superintendent described options that may be available for these students. To learn more about the confusing exit exam situation in California - a situation that seems to change every week, read California Supreme Court Reinstates Exit Exam.High Stakes Testing As school districts and states come under increased pressure to improve educational results, high stakes testing has become a hot issue.The slaw High Stakes Testing page includes articles, cases, free publications, and updates on high stakes testing litigation that will help help you advocate more effectively for your child. 5. Summer Schedule: slaw Programs in PA, DE, FL, GA, TX, KYslaw offers a variety of special education law and advocacy programs taught by experts in the field of special education law and advocacy, including four free programs in Florida (but you must act fast)!The Summer 2006 schedule includes these programs:June 7: Wilkes-Barre, PA - Special Education Advocacy Training with Pat Howey,;sponsored by Supporting Autism and Families Everywhere - SAFE. June 14: Rehoboth Beach, DE - Special Ed Law & Advocacy Training with Pete and Pam at the Boardwalk Plaza Hotel; sponsored by The Arc of Delaware. SOLD OUT! July 11, 2006 - Tallahassee (Leon County Dept of Health) - What You Don't Know About IDEA 2004 CAN Hurt You; sponsored by Florida Developmental Disabilities Council (FDDC) - Free! July 13, 2006 - Tampa (Shriners Hospital) - What You Don't Know About IDEA 2004 CAN Hurt You; sponsored by Florida Developmental Disabilities Council (FDDC) - Free! July 15, 2006 - Miami (Wayside Baptist Church) - What You Don't Know About IDEA 2004 CAN Hurt You; sponsored by Florida Developmental Disabilities Council (FDDC) - Free! July 17, 2006 - Ft. Lauderdale (NSU/NOVA) - What You Don't Know About IDEA 2004 CAN Hurt You; sponsored by Florida Developmental Disabilities Council (FDDC) - Free ! July 19: Atlanta, GA - Special Education Law & Advocacy Training at the National Fragile X Foundation’s 10th International Fragile X Conference. Speakers: Pete and Pam August 3: Austin, TX - Special Education Law & Advocacy Training sponsored by Texas Parent to Parent, Speakers: Wayne Steedman and Pat HoweyAugust 4: Louisville, KY - Special Education Law & Advocacy Training sponsored by KY-SPIN & Community Parent Resource Center .Speakers: Pete and Pam August 15: Philadelphia, PA - Special Education Law & Advocacy Training sponsored by the North Penn Special Education Council. Speakers: Pete and Pam 2006-2007 Schedule l Program DescriptionsOnline Training Countdown! Progress report from Pete & Pam (we are still doing training programs!)We are scheduling programs for 2007. If you are interested in bringing a slaw program to your community, please read Conference Information. 6. Subscription & Contact Info The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, and tactics and strategies. Newsletter subscribers also receive "alerts" about new cases, events, and special offers on slaw books. Subscribe Law Library Seminars & Training Advocacy Books & DVD IDEA 2004 Yellow Pages for Kids No Child Left Behind Newsletter ArchivesContact Info Pete and Pam slaw & The Special Ed Advocate P. O. Box 1008 Deltaville, VA 23043Website: http://www.wrightslaw.com Email: webmaster@... Quote Link to comment Share on other sites More sharing options...
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