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SPECIAL EDUCATION LAW & ADVOCACY STRATEGIES

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January 19, 2004 Volume Forty-Eight

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Happy Luther King Jr. Day

Luther King, Jr., Learning Resources

Learning Resources for Luther King Jr. Day

Comments of Secretary Paige about Dr. Luther King, Jr. for American Urban Radio

Luther King Jr. Summer Internships Available

How got his start in Civil Rights:

Luther King, Jr. Great Significance to Citizens with Disabilities

We hope you are truly celebrating this great holiday that honors Dr. Luther King, Jr. It is one of great significance to citizens with disabilities and to those who care about them.

Our disability laws are one piece in the quilt of Civil Rights laws that began to be stitched together under the leadership and advocacy of Dr. King and his colleagues. Brown v. Board of Education was decided by the Supreme Court before Dr. King became a national leader but it was not until Dr. King's uncompromising advocacy about ending segregation and inequality in every aspect of our national life that we began to get state after state, and school after school, to recognize the Constitutional wrong we had done in our schools nationwide.

The Civil Rights Act of 1964, which Dr. King was the leader in bringing into law, provides the remedies in court, under its Title VI, that we rely on today under Section 504 and the Americans with Disabilities Act. Our students with disabilities would have few protections without Title VI.

Many people contact us about how got involved as an advocate for persons with disabilities. The answer is that he got involved in the Civil Rights movement in the late Fifties. He attended a private, segregated college in Houston (Rice University) and by his senior year had lead a successful fight to integrate it.

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State's Schools Return Dollars to Federal Government - Unused Funds!

Data: States Return School Funds to FedsNANCY ZUCKERBROD, Fri Jan. 09, 2004, Associated Presshttp://www.tallahassee.com/mld/tallahassee/7673860.htm

WASHINGTON - While state officials nationwide say they need more money to educate children, newly released figures show states are returning millions to the federal Treasury rather than spending it in the hinterlands.

Last year, states returned $124 million to Washington that was to have gone toward large education programs such as special education and aid to poor children, according to Education Department data obtained by The Associated Press.

The states had more than three years to tap into the money before it reverted to the federal government on Sept. 30, 2003, said C. Todd , a budget official in the Education Department.

The money was less than 1 percent of the $18 billion in federal funding that had been allocated to states on formulas in force during that period, said Friday.

It could have been put to good use in the states, he said, and they have much flexibility in the money's use. States, he said, "should seriously investigate why they are turning such large sums back to the federal Treasury."

States and territories that returned the most were Florida, Georgia, Louisiana, Michigan, Missouri, New Mexico, Puerto Rico, Tennessee, Texas and Virginia, the department said.

State’s schools must return federal fundsBy By Walter Rubel Jan 16, 2004

SANTA FE — Las Cruces is among school districts in New Mexico forced to return more than $6 million in federal funds that had been earmarked for education because it did not spend the money within the required three-year period.

According to statistics compiled by the Associated Press, New Mexico ranks second only to Texas in the amount of money sent back to Washington. New Mexico allowed more than $6.2 million to go unspent, while Texas was forced to return more than $11 million.

New Secretary of Education doesn’t dispute the figures, but she said they reflect problems of the previous administration.“The U.S. Department of Education is relying on information that goes back six years — long before Gov. took office,” said. “This will not happen with a strong secretary of education who is accountable to the governor.”

Quarell, assistant superintendent for the Silver City Consolidated Schools District in Grant County, said his district has spent all funds allocated.“New Mexico gave back about $6 million?” Quarell said. “I’m at a loss for that.

“I know if money comes in, we utilize it, we don't cubbyhole it or not put it where it’s supposed to be,” Quarell said. “We scramble for every dollar.”The Las Cruces Public School district returned $92,966 from 13 different federal programs in the district. The amount was from more than $22 million in funds used for federal programs. http://www.scsun-news.com/cgi-bin/artman/exec/view.cgi?archive=188 & num=941

Data: States Return School Funds to Feds

http://www.news8.net/news/stories/0104/117742.html

Washington (AP) - While state officials nationwide say they need more money to educate children, newly released figures show states are returning millions to the federal Treasury rather than spending it in the hinterlands. Last year, states returned $124 million to Washington that was to have gone toward large education programs such as special education and aid to poor children, according to Education Department data obtained by The Associated Press. The states had more than three years to tap into the money before it reverted to the federal government on Sept. 30, 2003, said C. Todd , a budget official in the Education Department.

District races to spend school funds Sept. 2003

Contracting officials at D.C. Public Schools are frantically trying to spend $20 million in federal funds for teacher training and professional development before the close of business today, or lose the money, according to D.C. and Education Department sources. In addition, as of mid-September, D.C. Public Schools (DCPS) had not even drawn down $3.8 million in formula and discretionary grants from 27 federal awards, according to Education Department records. The $3.8 million will automatically revert to the federal government tomorrow because it was not drawn down from the Treasury, department officials said.

How Much Did YOUR State Send Back?

Return to sender

A state-by-state look at federal funding for ongoing education programs that reverted back to the U.S. Treasury last year after states failed to spend it:

http://www.detnews.com/2004/schools/0401/11/schools-31658.htm

State

Available balance

Ala.

$1,517,152

Alaska

396,396

American Samoa

901,109

Ariz.

3,013,975

Ark.

56,241

Calif.

1,680,554

Colo.

912,933

Conn.

915,805

Del.

522,817

D.C.

3,077,389

Fla.

3,525,865

Ga.

3,643,267

Guam

968,860

Hawaii

229,132

Idaho

241,109

Ill.

1,052,991

Ind.

1,485,081

Iowa

337,920

Kan.

79,947

Ky.

374,989

La.

6,060,902

Maine

31,579

na Islands

77,922

Marshall Islands

0

Md.

1,772,645

Mass.

126,313

Mich.

5,093,607

Micronesia

364,604

Minn.

116,408

Miss.

793,899

Mo.

4,696,297

Mont.

279,013

Neb.

271,161

Nev.

685,696

N.H.

233,702

N.J.

3,447,871

N.M.

6,215,135

N.Y.

1,653,779

N.C.

80,381

N.D.

1,062,722

Ohio

580,218

Okla.

451,311

Ore.

692,200

Palau

65,488

Pa.

3,457,847

Puerto Rico

38,636,034

R.I.

37,488

S.C.

372,997

S.D.

131,527

Tenn.

3,869,768

Texas

11,007,911

Utah

108,715

Vt.

18,258

Va.

3,452,832

Virgin Islands

2,038,587

Wash.

424,657

W.Va.

118,118

Wis.

465,247

Wyo.

386,579

Nation

124,438,947

Source: U.S. Department of Education

Has Your School Told You That They Don't Have Enough Money?

“We Don’t Get Enough Federal Dollars To Do The Job”

, J.D.

Has your school district told you that about the IDEA? Whatever you ask for – the answer is that we are not given enough funds.

Need an aide? A new evaluation? Assistive technology? An aide on the bus? A set of books for home for a student whose medical condition causes them to miss many days of school? A ramp so a child can go to his home school that is otherwise inaccessible? A smaller class size? One to one teaching for a period each day? An occupational therapist? Evaluation for a Transition Plan? Services extended over the summer? Services extended beyond 12 years so a student can receive educational services until age 22?

The answer we hear is “we aren’t given enough Federal dollars.” When the IDEA was first passed President Ford was vetoing all new legislation because of his “Whip Inflation Now” program. The IDEA was funded, but Ford cut the funds to only 8% of the expected “cost” of what Congress had estimated.

Immediately around the country, parents were told by administrators (this writer was told repeatedly) we don’t have enough funds so we can’t do whatever you are asking for. This was a fraudulent argument, because the laws obligated schools to provide an appropriate education to students without regard to new Federal funding. The schools acted as if disabled students were not really theirs and that they had to be bribed to allow them to come to school. And now, since the bribe was not high enough, a lot of administrators acted as if they did not want those kids in their schools at all.

With “No Child Left Behind” there is new Federal funding but already it is being attacked as too little.

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PA Special Education Workshop Reading & burg - January 20 & 30

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Using No Child Left Behind, the IDEA, Section 504 and the ADA in Your Advocacy

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Feb. 20-21 Fresno Area Down Syndrome Society

Special Education Law 2004 – Getting What Your Child Needs Under the IDEA, Section 504, FERPA, No Child Left Behind and the ADA.

Day Two: Developing an Appropriate Educational Plan Under the IDEA and Section 504 including Negative vs. Positive Discipline Approaches and the Positive Behavior Intervention Plan

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No Child Left Behind Information

Statement by Acting Deputy Secretary Gene Hickok in Response to NEA Poll and Funding Paper

"The fact that the National Education Association (NEA) poll found that there has been a sea change in attitude towards schools (a 20-point net change from 'bad shape' to 'good shape' in just one year) shows that something is new and different about education in America today. That something is the No Child Left Behind Act (NCLB), which has empowered parents with information about their child's school, making them truly educated consumers of education.

"Some of the polling questions and analysis show a deep misunderstanding of what is actually in the law. The NEA is calling for many policies that are in fact already contained in NCLB, such as flexibility, measuring success by multiple measures, giving extra help to schools that states have identified for improvement and improved teacher quality.

Choice Provisions in No Child Left Behind

Charting the Course: States Decide Major Provisions Under No Child Left Behind

As evidenced by the diversity among the approved state accountability plans and state-consolidated applications, states have great flexibility in the design of their systems and implementation of particular No Child Left Behind (NCLB) provisions. Presented as a checklist of items, states considered many issues when designing accountability systems, providing options for parents and defining highly qualified teachers. The following list represents almost 40 separate issues under the control and responsibility of state and local education agencies.

Quality Counts 2004 edweek.org

Special Needs, Common Goals

Within a decade, federal law requires that all students—including those with disabilities—be performing at the "proficient" level on state tests. It's a challenge of unprecedented proportions, particularly for the nation's nearly 6.6 million children receiving special education services. Until now, such students have largely been excluded from state testing and accountability systems—and often from mainstream instruction.

Quality Counts 2004: "Count Me In: Special Education in an Era of Standards" examines this explosive issue. Educators and parents of special education students alike find themselves on both sides of the fence, torn between wanting to raise expectations for students with disabilities and concerns that such children could suffer harsh or unintended consequences as a result.

As the title of this year's Quality Counts report suggests, students with disabilities have the same right as all other children to be included in state standards, assessments, and accountability systems. Otherwise, it's impossible to know how they're performing or how well public schools are serving their needs. But how to do so in a way that's fair and appropriate remains a major concern.

Quality Counts 2004

Special Education In An Era of Standards - edweek.org (large file)

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Statement on Diploma Mills Statement by Assistant Secretary for Postsecondary Education Sally L. Stroup

Get Your Kids Educational Flash Cards, Musical Tapes, CD's, Video Tapes, Workbooks this Valentines Day

Family Educational Rights and Privacy Act (FERPA) A Guide to the Family Educational Rights and Privacy Act and Participation in Juvenile Justice Programs

http://www.ed.gov/policy/gen/guid/fpco/pdf/sharinginfo.pdf

Access to Records

Get Access To Your Child's Educational Records

The second Congressional Response to all these federal special education cases, and some other issues, was the Family Educational Rights and Privacy Act in 1974. Congress recognized that parents could not get access to their child's records, the evaluations the school was using, the notes teachers were making, what was being "said" about the student in those files, and so forth. An incredible mistake could be made about a student with a disability and the parent would have no way of finding out about it, or correcting it.

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Model Notification of Rights for Elementary and Secondary Schools

http://www.reedmartin.com/ferpamodelnotification.htm

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:

1. The right to inspect and review the student's education records within 45 days of the day the School receives a request for access. Parents or eligible students should submit to the School principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The School official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2. The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the School to amend a record that they believe is inaccurate or misleading. They should write the School principal [or appropriate official], clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without con-sent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the School has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. [Optional] Upon request, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.

[NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or eligible student of the records re-quest unless it states in its annual notification that it intends to forward records on request.]

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance OfficeU.S. Department of Education400 land Avenue, SWWashington, DC 20202-4605

[NOTE: In addition, an institution may want to include its directory information public notice, as required by § 99.37 of the regulations, with its annual notification of rights under FERPA.]

FERPA Fact Sheet

FERPA Changes

Recent Changes Affecting FERPA & PPRA

The following document presents a general explanation of the recent changes to the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) made by Congress. It also provides a general description of the two U.S. Supreme Court cases involving FERPA, and a recent decision by the U.S. Court of Appeals for the Sixth Circuit. The Department will issue guidance and/or regulations to provide the public with interpretations of these changes, as necessary.

FERPA General Guidance for Students

FERPA Guidance for Parents

FERPA Online Library

Parents, Teachers and Home School Teachers

Kathy Schrock's Guide for Educators

Kathy Schrock's Guide for Educators is a categorized list of sites useful for enhancing curriculum and professional growth. It is updated often to include the best sites for teaching and learning.

Miscellaneous

A Very Special Brain

The brain, the most complex of all organs, defines us in more ways than we can even think about. There are about 35,000 genes in the brain, and if only a few of those are missing, the result can be devastating and fascinating. Syndrome is a rare birth defect in which about 20 genes are missing. Six years ago, correspondent Morley Safer reported on people diagnosed with Syndrome. Their stories were so fascinating that 60 Minutes II decided to go back to see how they’re doing.

MORE INFORMATION: Syndrome Association

Educational Workbooks, Flash Cards, Software, Books and more for Kids

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is an attorney with over 35 years experience in special education law and

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