Special Education News

Texas Commissioner’s Rules Concerning Special Education Services

The Texas Education Agency (TEA) has developed several Guidance documents to help with the implementation of newly adopted amendments to the Texas Commissioner’s Rules for Special Education Services.  These amendments, effective in the Fall of 2007, were made in response to the IDEA 2004 federal regulations published in August 2006.  The amendments either address State laws or give additional details that TEA felt were needed or that were required by federal law. The Guidance documents can be found at http://www.tea.tx.us/special.ed/guidance/rules.

Highlights of these recent amendments to the Commissioner’s Rules include:

REFERRAL/CHILDFIND

Prior to a referral for a special education evaluation, students should now also have available a response to scientific, research-based intervention (referred to as Rti) and other academic or behavior support services.  The Guidance document says “This section refers to the provision of targeted and supplemental services beyond what is provided for all students and whose data-based documentation shows an inability to meet age and grade level expectations. Determining whether a student makes sufficient progress when provided Rti will depend on the particular scientific, research-based intervention(s) criteria.”

“An Rti process does not replace the need for a comprehensive evaluation using a variety of data sources. A school should inform parents when a student is not making progress in the general education setting. If the child is not making progress in the general education setting and demonstrates lack of sufficient progress to intervention(s) after an appropriate period of time …., the school should request parental consent to evaluate a child suspected of having a learning disability.”

Under the heading “Denial of Special Education Referrals” the Guidance document says “Rti is intended to have a positive impact on the ability of LEAs (schools) to meet the needs of struggling students.  The strategies offered by Rti can be used by educators to increase appropriate referrals and decrease inappropriate referrals to special education.  The information provided by the Rti process is useful in determining school improvement activities, including activities prior to or in lieu of a special education referral.”

ELIGIBILITY CRITERIA

Additional flexibility was added to the definition of mental retardation.  However, TEA says “schools are encouraged to exercise caution in making such determinations (about mental retardation) in order to avoid over-identifying students.”

The definition of other health impairment lists 12 examples of health conditions included.

The learning disabilities definition says that data must be considered that the student was provided appropriate instruction in reading and/or mathematics in general education settings delivered by qualified personnel and there is “data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of student progress during instruction.  Data-based documentation of repeated assessments may include, but is not limited to, response to intervention progress monitoring results, in-class tests on grade-level curriculum, or other regularly administered assessments.”  Evaluations may continue to include significant discrepancies between intellectual ability and achievement, but a discrepancy cannot be the sole determinant.  TEA believes “it is premature to make Rti a requirement in learning disability eligibility determination.”  TEA will continue to provide guidance to schools on the determination of a learning disability.

ARD MEETINGS/IEP DEVELOPMENT

An ARD for a student with deaf-blindness must include a teacher certified in area of visual impairments and a teacher certified in area of auditory impairments.

If a student transfers to a school before the previous school completed an evaluation, the new school must complete the evaluation “not later than the 60th calendar day following the date on which the new school receives written consent for the evaluation.”

Consideration for transition services has changed to 16 years of age, but can be considered earlier.

The seven strategies that needed to be addressed in the IEP of a student with autism (called the autism supplement) have been expanded to 11 items and must now be addressed “when needed”.  Detail was added to the previous 7 items.  The added items deal with: “communication interventions”; “social skills and strategies”; “professional educator/staff support” (includes training); “teaching strategies based on peer reviewed research-based practices” for students with autism.

Emergency permits for interpreters providing services to students who are deaf are no longer allowed.

DISPUTE RESOLUTION

The content of a request for due process hearing is now listed.

TEA will be adding procedures for dealing with the federal regulations on:  Resolution Meetings; Contesting Sufficiency of the Complaint; the Resolution Period. 

A party may request a dismissal or nonsuit of a due process hearing to the same extent that a plaintiff may dismiss or nonsuit a case under Texas Rules of Civil Procedure, Rule 162.

The Joseph P. Kennedy, Jr. Foundation Parent/Family Public Policy Fellowship Program 2009

The Joseph P. Kennedy, Jr. Foundation is seeking outstanding leaders who are parents or family members of people with intellectual and developmental disabilities and who are working towards the enhancement of inclusive services and supports for people with intellectual and developmental disabilities for an intensive one-year Public Policy Fellowship in Washington, D.C. During this one year Fellowship, the successful applicant will learn how legislation is initiated, developed, and passed by Congress, or how programs are administered and regulations promulgated by federal agencies. The purpose of the Fellowship is to prepare emerging leaders or experienced family advocates to assume leadership in the public policy arena, in their home state and/or nationally.

We seek people with outstanding experience in:

1. State or national level advocacy for persons with intellectual and developmental disabilities and their families;

2. Vocational rehabilitation, education, child care, child welfare, law, employment, community organizing, housing or development of inclusive community supports and services;

3. Health or mental health care for people with mental retardation; or

4. Development of family training or family support services.

The expectation is that fellows will become future leaders in the field of inclusive community supports for people with intellectual and developmental disabilities, and after their year in Washington, will make significant contributions to policy and program development in their home state or continue to advance their work on the national level.

The program provides a one-year, full-time exposure to the federal public policy making process, and includes a stipend and modest relocation expenses. Selected fellows must be prepared to live in the Washington, D.C. during their fellowship year and to devote themselves full-time to the fellowship. In addition, applicants have the opportunity to participate in the Intensive Bioethics Course offered at the Joseph P. and Rose F. Kennedy Institute of Bioethics at Georgetown University.

Applicants should submit a letter of application between 2 and no more than 4 pages in length stating their interest and accomplishments at the local, state or national levels to date, as well as what they hope to do with the knowledge and experience gained from the fellowship. They should also attach either a resume or a summary of their involvement in the field, along with three letters of support from people familiar with their work. Applications should clearly show the candidate's name , address, telephone number(s) and email address on the first page. The preferred method of application, letters and resume submission is via email attachment to eidelman@jpkf.org. PDF attachments are strongly encouraged but not required. Applicants may follow up with hard copies via regular mail if they wish. Letters of support are also encouraged via email but a hard copy on letterhead with the supporter's signature must follow in the mail.

The application deadline for 2009 is August 15, 2008.

Address letters of application to:

Mrs. Eunice Kennedy Shriver
The Joseph P. Kennedy, Jr. Foundation
1133 19th Street NW, 12th Floor
Washington, D.C. 20036
Attention: Parent/Family Public Policy Fellowship Program

The Truth About Autism: Scientists Reconsider What They Think They Know

By David Wolman, WIRED Magazine

The YouTube clip opens with a woman facing away from the camera, rocking back and forth, flapping her hands awkwardly, and emitting an eerie hum. She then performs strange repetitive behaviors: slapping a piece of paper against a window, running a hand lengthwise over a computer keyboard, twisting the knob of a drawer. She bats a necklace with her hand and nuzzles her face against the pages of a book. And you find yourself thinking: Who's shooting this footage of the handicapped lady, and why do I always get sucked into watching the latest viral video?

But then the words "A Translation" appear on a black screen, and for the next five minutes, 27-year-old Amanda Baggs — who is autistic and doesn't speak — describes in vivid and articulate terms what's going on inside her head as she carries out these seemingly bizarre actions. In a synthesized voice generated by a software application, she explains that touching, tasting, and smelling allow her to have a "constant conversation" with her surroundings. These forms of nonverbal stimuli constitute her "native language," Baggs explains, and are no better or worse than spoken language. Yet her failure to speak is seen as a deficit, she says, while other people's failure to learn her language is seen as natural and acceptable.

And you find yourself thinking: She might have a point.

In My Language

Baggs lives in a public housing project for the elderly and handicapped near downtown Burlington, Vermont. She has short black hair, a pointy nose, and round glasses. She usually wears a T-shirt and baggy pants, and she spends a scary amount of time — day and night — on the Internet: blogging, hanging out in Second Life, and corresponding with her autie and aspie friends. (For the uninitiated, that's autistic and Asperger's.)

On a blustery afternoon, Baggs reclines on a red futon in the apartment of her neighbor (and best friend). She has a gray travel pillow wrapped around her neck, a keyboard resting on her lap, and a DynaVox VMax computer propped against her legs.

Like many people with autism, Baggs doesn't like to look you in the eye and needs help with tasks like preparing a meal and taking a shower. In conversation she'll occasionally grunt or sigh, but she stopped speaking altogether in her early twenties. Instead, she types 120 words a minute, which the DynaVox then translates into a synthesized female voice that sounds like a deadpan British schoolteacher.

The YouTube post, she says, was a political statement, designed to call attention to people's tendency to underestimate autistics. It wasn't her first video post, but this one took off. "When the number of viewers began to climb, I got scared out of my mind," Baggs says. As the hit count neared 100,000, her blog was flooded. At 200,000, scientists were inviting her to visit their labs. By 300,000, the TV people came calling, hearts warmed by the story of a young woman's fiery spirit and the rare glimpse into what has long been regarded as the solitary imprisonment of the autistic mind. "I've said a million times that I'm not trapped in my own world,'" Baggs says. "Yet what do most of these news stories lead with? Saying exactly that."

I tell her that I asked one of the world's leading authorities on autism to check out the video. The expert's opinion: Baggs must have had outside help creating it, perhaps from one of her caregivers. Her inability to talk, coupled with repetitive behaviors, lack of eye contact, and the need for assistance with everyday tasks are telltale signs of severe autism. Among all autistics, 75 percent are expected to score in the mentally retarded range on standard intelligence tests — that's an IQ of 70 or less.

People like Baggs fall at one end of an array of developmental syndromes known as autism spectrum disorders. The spectrum ranges from someone with severe disability and cognitive impairment to the socially awkward eccentric with Asperger's syndrome.

After I explain the scientist's doubts, Baggs grunts, and her mouth forms just a hint of a smirk as she lets loose a salvo on the keyboard. No one helped her shoot the video, edit it, and upload it to YouTube. She used a Sony Cybershot DSC-T1, a digital camera that can record up to 90 seconds of video (she has since upgraded). She then patched the footage together using the editing programs RAD Video Tools, VirtualDub, and DivXLand Media Subtitler. "My care provider wouldn't even know how to work the software," she says.

Baggs is part of an increasingly visible and highly networked community of autistics. Over the past decade, this group has benefited enormously from the Internet as well as innovations like type-to-speech software. Baggs may never have considered herself trapped in her own world, but thanks to technology, she can communicate with the same speed and specificity as someone using spoken language.

To read the complete article, go to http://stag.wired.com/medtech/health/magazine/16-03/ff_autism

Online Survey for Parents and Caregivers of Children with Autism Spectrum Disorders

Attention parents and care givers of children with Autism Spectrum Disorders: You are invited to participate in an on-line survey being conducted  by Dr. Demetria Ennis-Cole of the University of Texas.  Dr. Ennis-Cole's goal is to capture the collective voice of parents in order to give teachers, doctors, and therapists the opportunity to hear, understand, and respect the opinions, thoughts, and input of parents. She says, "We know our children best. We've studied them, prayed for them, worked hard to help them, and most importantly, we love them and have their very best interest at heart."  Dr. Ennis Cole assures participants that Individual privacy is protected.  She states that no individual responses will be identified, and all data collected will be aggregated.  If you are interested, go to http://www.coe.unt.edu/enniscole.

United Healthcare Children's Foundation

United Healthcare Children's Foundation (UHCF) provides grants of up to $5,000 for healthcare services that are only partially covered by a child's insurance plan. Eligible services include glasses, hearing aids, wheelchairs, physical therapy, and speech therapy. For more information on the grant application process, go to: http://www.uhccf.org/apply.html.

Could A Young Adult's Disability Impact Their Communication with a Peace Officer?

Texas Transportation Code 521.125 allows the Department of Public Safety to include on an individual's driver license any health condition that may impede the individual's communication with a peace officer. The health condition must be evidenced by a signed statement (form DL-101) from a licensed physician. The health condition as stated on the DL-101 form will be printed on the reverse side of the individual's driver license. The DL-101 Physician's statement may be picked up at any driver license office. Please note that medical information provided under this program is not protected and is subject to release under the Public Information Act. If you have further questions, please contact the Texas Department of Public Safety at (512) 424-5089.

Education News Program to Showcase Examples of NCLB's Success

The next broadcast of the U.S. Department of Education's monthly television news show "Education News Parents Can Use" will air from 8 p.m. to 9 p.m. Eastern Time on Tuesday, January 15, 2008. It will address the question of whether the No Child Left Behind Act is working by showcasing three No Child Left Behind Blue Ribbon Schools. These schools have been effective in using the law's emphasis on accountability, parental involvement, and doing what works to close academic achievement gaps and to help all students succeed.

Among other components, the show will feature video stories of the schools' classrooms in action as well as conversations with the principals and other education experts about having high expectations for all students, analyzing student data to track progress, identifying individual student needs to improve instruction, providing a rich curriculum aligned with state standards, and using professional development to improve teachers' skills. For more information, visit the "Education News Parents Can Use" website at www.ed.gov/edtv/.

New State Regulations - Texas Commissioner of Education Rules

On December 3, 2004, President Bush signed into law the Individuals with Disabilities Education Improvement Act (IDEA 2004) Amendments of 2004, which contain many changes to the federal law pertaining to the education of students with disabilities. On October 13, 2006, the United States Department of Education, Office of Special Education Programs, published final federal regulations. As a result of the changes to the federal special education law and regulations, 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services, must be amended to reflect these changes to ensure school district compliance with new procedural and reporting requirements. The adopted rule actions for 19 TAC Chapter 89, Subchapter AA, add, revise, and delete text and update references to statutory citations to reflect changes in the IDEA 2004, 34 CFR, and the TEC and to reflect minor technical corrections.

You can view the rules at: http://www.tea.state.tx.us/special.ed/guidance/rules/index.html

CADRE's Initial Review of Research Literature on ADR in Special Education

This article describes a literature search process employed to identify research in ADR and special education, organizes some initial search results, briefly summarizes them, and raises important questions for the purpose of generating a future research agenda. To review the article, click here.

Another 5 years for the PATH, PEN & TEAM Projects!

As of October 1, 2007, Partners Resource Network began three new five-year grant projects awarded from the U.S. Department of Education, Office of Special Education Programs. The new grant awards allow us to continue operating a statewide network of Parent Training and Information (PTI) Centers for the State of Texas. The new PATH, PEN, and TEAM Projects will offer the same training, education, information, assistance, and support services to parents and professionals as before, as well as several new features.

Parent Partners: The most frequent request from parents is “someone to go to my ARD meeting with me”. Limited resource usually prevent us from meeting this request, but we are developing a new program to make this type of assistance more available over the next five years. The Parent Partners program will train and support selected parents throughout the state to provide technical assistance to other parents in their communities and help them build more effective partnerships with their schools. These trained parents will be assigned to parents needing their help and will be paid to attend their ARD meetings. Over the next several months, we will be recruiting parents of children with all types of disabilities to attend a Parent Partners training, expenses paid. Interested parents may contact the Project office for their area.

Focus Centers: PTIs have to help with a huge variety of needs, ranging from infants and toddlers with newly diagnosed disabilities to young adults with disabilities about to enter the adult world. In fact, the new grant projects now serve parents of children with disabilities from birth through age twenty-six (instead of twenty-one as with previous grants). To effectively address such a wide range of issues, each of the new projects will have a “focus” area and will share training and resources with the other two projects. The PATH project will focus on transition and the world of work and independent living and will establish the Texas Transition Resource Center. The TEAM Project will focus on the parent involvement aspects of IDEA and NCLB and the things parents of children with disabilities need to know about the coordination of these two federal laws. TEAM staff will establish the Texas Resource Center for Parent Involvement. The focus of the PEN Project will be the needs of parents of children with disabilities from birth through age three, and they will establish the Texas Resource Center for Early Parent Intervention.

Other new features include a Parent Leadership Development program and a DVD on procedural safeguards.

Janice S. Meyer
Executive Director

New IRIS Center Resources

The IRIS Center on Faculty Enhancement released several new training modules over the summer.

RTI: Considerations for School Leaders- This fifth RTI module provides information for principals on implementing Response to Intervention programs. http://iris.peabody.vanderbilt.edu/rti_leaders/chalcycle.htm


School Counselors: Facilitating Transitions for Students with Disabilities from High School to Post-School Settings- This module follows a school counselor as he works with a 14-year old student to develop post-secondary goals for education, employment, and independent living. http://iris.peabody.vanderbilt.edu/cou2/challenge.htm


The IRIS Center has also updated their Web site with an updated navigation system and revised Web Resource Directory. They also added a searchable film database that includes more than 500 movies with characters with disabilities. IRIS’s Web site is: http://iris.peabody.vanderbilt.edu

PATH KICKS OFF NEW GRANT WITH TRANSITION CONFERENCE

The PATH Project, a grant project of Partners Resource Network, kicked off its new five year grant with a conference held September 15, 2007 in Beaumont, Texas. The conference was titled Transition: Making the Dream a Reality, and the audience of thirty four participants consisted primarily of parents of young adults with disabilities and professionals who work with them. The focus of the conference was on issues facing young adults with disabilities and their families as they leave high school and enter the adult world.

Alice Robertson, Program Manager for the PATH Project, welcomed the participants and introduced Sue Fager, a transition specialist with the PACER Center in Minneapolis, Minnesota, as the keynote speaker. Ms. Fager’s keynote address was titled Tools for Making the Dream a Reality. She presented an additional session in the afternoon on employment preparation for youth with disabilities. Ms. Fager has worked on national projects funded by the U.S. Department of Labor’s Office of Disability Employment Policy and the U.S. Rehabilitation Services Administration, as well as having developed curricula on employment, post secondary options, self determination, and community living. She is a sibling of an adult with disabilities.

The conference featured three other general sessions. Cindy Fussell with Region V Education Service Center in Silsbee, Texas presented What is transition, and how do you prepare for it? After lunch a panel of representatives from local service providers explained their programs and answered questions. The panel members were Timika Moore, Program Director, Texas Home and Community Service; Callie Trahan, Director of Service for Students with Disabilities, Lamar University; Verna Provost, Employment Supervisor, Spindletop MHMR; Roxanne Parks-Smith, Youth Manger, Power Zone, Texas Workforce Commission; Madelyn Niscavits, Program Specialist, R.I.S.E Resource Center for Independent Living; and Brown Chapman, Rehabilitation Counselor, Texas Department of Assistive and Rehabilitation Services. Closing the conference, Kathy Griffis-Bailey, M.S., CSHCN Service Program, Department of State Health Services, presented on health and medical considerations for young adults with disabilities.

Evaluations from conference participants indicated that the information and resources were extremely relevant and useful. Comments included: “Please continue on a yearly basis – much needed!”; “Great conference, great information, great resources.” and “The people at Partners Resource Network that put this on did a great job!”

The conference was funded in part by a grant from the PACER Center, a nationally recognized Parent Training and Information Center (PTI) in Minnesota. The PATH Project is funded by a grant awarded to Partners Resource Network from the U.S. Department of Education for a parent training and information project.

New National Center on Transition and Employment for Youth with Disabilities

The Institute for Educational Leadership’s Center for Workforce Development was recently awarded a $1.85 million cooperative agreement to create a National Technical Assistance Center on Transition and Employment for Youth with Disabilities. The center will help build the capacity of workforce, economic, and education systems to assist youth transition from high school to employment or postsecondary education. The center will provide focused technical assistance to at least three states. More information is available at: http://www.dol.gov/opa/media/press/odep/odep20071254.htm.

Wyoming Radio Show Features Transition Success Story

Wyoming Public Radio recently featured a story on Ted Dawson’s transition to an apartment and full-time job. Ted, son of Wyoming Parent Information Center executive director Terri Dawson, recently moved 300 miles from home into his own apartment in Laramie . The one-hour show includes interviews with Ted and his parents at different times during the transition process. Listen to the story online at: http://uwadmnweb.uwyo.edu/wpr/openspaces/index.html.

IDEA State Determination Letters

As part of its continuous improvement monitoring process, the U.S. Department of Education’s Office of Special Education Programs (OSEP) has released determination letters based on states’ compliance with the Individuals with Disabilities Education Act (IDEA 2004) and the State Performance Plan (SPP) indicators. Letters for each state can be found at: http://www.ed.gov/policy/speced/guid/idea/monitor/factsheet.html

Youth with Mental Health Needs and Transition

On the Move: Helping Young Adults with Serious Mental Health Needs Transition Into Adulthood , a new report from the Substance Abuse and Mental Health Services Administration (SAMHSA) Partnerships for Youth Transition initiative, describes ways that communities can help youth successfully transition from high school to adulthood. The article highlights five states and the programs they have implemented to make this process more successful. http://ntacyt.fmhi.usf.edu/publications/what-we-learned.pdf

Child Care and the Americans with Disabilities Act

A recent settlement between the United States Department of Justice and a California YMCA reinforced that private child care centers are covered by Title III of the Americans with Disabilities Act (ADA) and must provide children with disabilities equal opportunity to participate in their services. Below are several related resources on child care and the ADA:

Child Care Settings and the Americans with Disabilities Act , a 2 page handout from The Arc of the U.S.: http://www.thearc.org/NetCommunity/Document.Doc?&id=152

Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act ,
a 13-page publication from the U.S. Department of Justice explaining how the requirements of the ADA apply to Child Care Centers: http://www.usdoj.gov/crt/ada/childq%26a.htm

Financial and Design Solutions for the Development of Inclusive Child Care Centers , two tools developed by Easter Seals to help child care providers address financial planning and design barriers to inclusive child: http://www.easterseals.com/site/PageServer?pagename=ntl_pqicc_design.

Questions & Answers about the Americans with Disabilities Act: A Quick Reference , Information for Child Care Providers from the Child Care Law Center http://www.childcarelaw.org/docs/qanda-ada.pdf

Helping Our Children with Disabilities Succeed: What's Broadband Got to Do With It?

This new publication from The Children’s Partnership describes the opportunities that access to the Internet, computers, and other forms of technology provide to children with disabilities. The report also describes barriers that prevent children and families from accessing this important technology.  http://www.childrenspartnership.org

Toolkits: Finding Disability Support Professionals

Finding and keeping disability support professionals (also sometimes referred to as personal care attendants or direct care workers) can be challenging for individuals with disabilities and their families. Two toolkits from the Research and Training Center on Community Living, Institute on Community Integration, one for individuals and one for family members, provide information on finding, selecting, and keeping qualified disability support professionals. http://rtc.umn.edu/ildspworkforce/

Emergency Info Online

Emergency Info Online features resources regarding emergency preparedness and communications, with a focus on the Emergency Alert System and people with disabilities. As part of National Preparedness Month in September, they will be launching an online series “30 Days, 30 Resources” that will feature free articles and guides for families, businesses, and schools. http://www.emergencyinfoonline.org/

Special Needs Calculators

Several financial planning Web sites feature online special needs calculators that help caregivers determine a goal for how much money a trust should hold. The tools allow users to enter variables for income and expenses in several categories.

MetDesk Special Needs Calculator: http://www.metlifeiseasier.com/metdesk

Merrill Lynch Special Needs Calculator: http://askmerrill.ml.com/

New Community of Practice

The Beach Center at the University of Kansas has formed a new Early Childhood Family Support Community of Practice. The goal of the Community of Practice is to provide a place for families, professionals, and policymakers to share ideas and experiences related to early childhood policy, research, and practice. The Web site includes online discussion boards and other articles and resources. http://www.beachcenter.org/

EEOC Caregiver Guidance

The Equal Employment Opportunity Commission (EEOC) recently released guidance on “Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.” Although caregivers are not explicitly recognized as a protected class, this new EEOC guidance provides examples of situations when unequal treatment of employees caring for their child, spouse, or parent with a disability may violate federal laws. The guidance is available online at: http://www.eeoc.gov/policy/docs/caregiving.html.

Second Annual National Bullying Prevention Awareness Week Empowers Schools, Parents, to End Childhood Harassment

National Bullying Prevention Awareness Week is Oct. 21 – 27, 2007. It is sponsored by PACER Center’s National Center for Bullying Prevention. Cosponsors are the National PTA, National Education Association, American Federation for Teachers, National Coalition for Parent Involvement in Education, and School Social Work Association of America.

Teachers, parents, and children nationwide are encouraged to increase community awareness about the prevalence and impact of bullying on all children. Activities and materials such as contests, toolkits, and online bullying prevention training are available at www.PACERKidsAgainstBullying.org to help reduce bullying in schools, recreational programs, and community organizations.

States, schools, and organizations are invited to be partners in the week by contacting bullying411@PACER.org.

“Childhood bullying is a significant problem nationwide,” said Paula F. Goldberg, executive director of PACER, a national parent center located in Minnesota. “It can cause school absenteeism, mental and physical stress, poor school performance, poor self-esteem, and, in some cases, school violence. Statistics show that 160,000 children in the United States miss school each day as a result of being bullied. That’s not acceptable.

“Teachers and parents can play a critical role in creating a climate where bullying is not tolerated. When adults and children stand together, bullying ends,” Goldberg said.

PACER Center’s Bullying Prevention Project is for all children, with an emphasis on children with disabilities. It promotes bullying awareness and teaches effective ways to respond to bullying.

PACER Center primarily serves families of children and youth with disabilities, in addition to the bullying prevention project for all children. It provides resources such as publications, workshops, and individualized assistance and helps families make decisions about education, vocational training, employment, and other services for their child. Its primary Web site is www.PACER.org, its phone numbers are 952-838-9000; 800-53-PACER (MN toll free); and 888-248-0822 (national toll free).

2007 Statewide NCLB Parental Involvement Conference

The 2007 Parental Involvement Conference theme is, “FIESTA: Family Involvement Encourages Students to Achieve.” The conference is scheduled for November 8-10 in McAllen, Texas, at the newly constructed McAllen Convention Center. The hotel reservation cutoff date is October 24, 2007, with the room block identified as “2007 NCLB Parental Involvement Conference.” The conference includes two pre-conference sessions, three keynote speakers, and approximately 50 breakout sessions. TEA staff will present multiple breakout sessions. Pre-conference and keynote sessions include:

  • November 8 Pre-conference - Region 16 Education Specialists, “Roadmap to Success: Integrating Listening, Speaking, Reading, and Writing”

  • November 8 Pre-conference - J. Michael Hall, “Reaching Fathers and Families”

  • November 8 Keynote - Rosita Lopez, “One Size Fits Few”

  • November 9 Keynote - Efrain Guerrero, “How Happy Are You?"

  • November 10 Keynote - Harvey Alston, “Be the Best”

Additional information about the conference can be found on the www.esc16.net website. Under the heading Title Statewide School Support/Parental Involvement Initiative, click on 2007 Statewide NCLB Parental Involvement Conference. For conference registration information, go to https://www.lonestarregistration.com/titleswi/register.php, and for hotel information, go to http://www.esc16.net/dept/isserv/title1swi/files/Registration%20Brochure%20-%20Pg%204%20for%20Web.pdf.

Education News Program Showcases Parental-School Cooperation

The ways in which parents and schools are working together under the No Child Left Behind Act (NCLB) to ensure a high-quality education for all students will be the focus of the September edition of "Education News Parents Can Use," the U.S. Department of Education's monthly television program. This month's edition will air from 8 p.m. to 9 p.m. Monday, September 18.

Guests on the September show will discuss how the various school choice options under NCLB work; provide tips for parents on staying informed, getting involved, and helping their children succeed in school; and report how NCLB is working to narrow the achievement gap. The show also will highlight USDE's work over the summer and preview Secretary of Education Spelling's back-to-school bus tour.

Each month, "Education News Parents Can Use" showcases schools and school districts from across the country, conversations with school officials, parents and education experts, and free resources for parents and educators.

To view the entire 2007-08 season schedule as well as learn about viewing options, including webcasts, visit http://www.ed.gov/news/av/video/edtv/ or call 1-800-USA-LEARN.

USDE to Provide New Resource To Help Parents Improve Children's Education

In light of the vital role parents play in their children's lives as their first teachers, the U.S. Department of Education (USDE) will release a new resource this fall to equip parents with the information needed for advancing their children's education.

The "Empowering Parents School Box" is a colorful resource packed with brochures, bookmarks, a poster, and a door hanger that covers such topics as:

  • Benefits available under No Child Left Behind;
  • Steps for selecting a high-quality school;
  • Tips on working with children from birth to high school;
  • Guidelines for taking advantage of free tutoring opportunities;
  • Ways to get involved in children's schools;
  • Information about financial aid and scholarships; and
  • Additional resources for improving learning.

Also included are success stories of schools where parental involvement made a difference, such as the story of one high-poverty, urban high school, where the achievement gap was cut considerably after the passing rate on state exams in algebra and geometry more than tripled, from 30 percent to approximately 92 percent, in six years.

To place an advance order for a free copy of the school box, call 1-877-4ED-PUBS. For an online copy, visit http://www.ed.gov and select "Parents," then "Empowering Parents School Box."

New Learning Resources Posted to FREE Website

New learning resources in engineering, geology, healthy behaviors, mental illness, Independence Hall, Venetian painting, computer science, and careers are among the topics of new resources posted to Federal Resources for Educational Excellence (FREE), the website that makes teaching resources from federal agencies easier to find. These and numerous other learning resources can be found on the FREE website at http://www.free.ed.gov/.

Education Resource Organizations Directory - EROD

The U.S. Department of Education's EROD is for parents, students, teachers and others looking for the ultimate directory of education resource organizations. It currently contains contact nd descriptive information about more than 2,950 national, regional, and state organizations. Visit the EROD web site at http://wdcrobcolp01.ed.gov/Programs/EROD/.

2007 Disability Employment Awareness Month

The theme for Disability Employment Awareness Month 2007 is “Workers with Disabilities: Talent for a Winning Team.” Disability Employment Awareness Month, which takes place every October, increases public awareness of the skills and abilities of people with disabilities and highlights inclusion of people with disabilities in the American workforce. For more information, visit: http://www.dol.gov/opa/media/press/odep/odep20070555.htm.

Save the Date! National Bullying Prevention Awareness Week 2007

The 2nd Annual National Bullying Prevention Awareness Week will take place October 21-27, 2007. Exciting new activities, information, and contests will engage youth, educators, and parents in creating a safer world for children with and without disabilities. Watch for more information to be coming soon at http://www.pacerkidsagainstbullying.org/.

Special Education Guide for Parents of Children with Visual Impairments

“A Parents’ Guide to Special Education for Children with Visual Impairments” was recently published by AFB (American Foundation for the Blind) Press. The book was edited by Susan LaVenture, executive director of the National Association for Parents of Children with Visual Impairments (NAPVI) and written by professionals and parents. The book is available for purchase at www.afb.org/store.

New National Consortium on Deaf-Blindness Publication

Harmonious Interactions, a new publication from the National Consortium on Deaf-Blindness (NCDB), is the first in the “Practice Perspective” series from NCDB highlighting best practices in the field of deaf-blindness. Harmonious Interactions features information on how families and teachers can develop connections with children who are deaf-blind and help them learn, gain confidence, and feel safe in the world. This new resource is available to download from NCDB’s publication page at: http://www.dblink.org/pdf/harmonious-interaction.pdf*

Down Syndrome Resource Center opens in Northeast Texas

The Meadows Foundation of Dallas has awarded the Red River Valley Down Syndrome Society a grant in the amount of $20,000 to support the creation and maintenance of its Down Syndrome Resource Center. The facility is set to be fully functional by August 1, 2007 with an Open House slated for a later date. The Center will be open weekdays, some evenings, and Saturday mornings for public access as well as by appointment. Full article>

Texas Commissioner of Education Announces Resignation

Shirley J. Neeley, Texas Commissioner of Education, announced on June 20, 2007 that she is resigning as the head of the Texas Education Agency effective July 1, 2007. Read press release>

ODEP Releases Three New Fact Sheets on Disclosure of Disability

The US Office of Disability Employment Policy (ODEP) has developed three new fact sheets on disclosure to assist service providers and youth with disabilities transitioning from high school to a post-secondary setting or the workplace. The fact sheets provide valuable information and resources to help youth make an informed personal decision about the need for disclosing disability. The Fact Sheets are:

ICI Provides Resource on Impact of Minimum Wage Increases for People with Disabilities

A new two-part resource produced by David Hoff of the Institute on Community Inclusion (ICI) at University of MA, Boston, reviews how minimum wage increases affect people with disabilities. The publication provides guidance on how to deal with the impact of the minimum wage on benefits and other issues, including sub-minimum wage, reporting income changes, etc. Of particular concern is some people may assume they must reduce the number of hours they work so that their income doesn't increase and impact their public benefits. The publication discusses alternative strategies available.

Join TEA's Special Education Updates ListServ

The Texas Education Agency has established a Special Education Updates Listserv to provide e-mail notification of updates to the special education area of the TEA web site. To subscribe to the list follow this link to http://miller.tea.state.tx.us/list/, enter your name and e-mail address, select Special Education Updates from the drop-down list, and click on the Join a List button.

Response to Intervention Resource Available

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) made important amendments to the federal special education law regarding the identification of students with learning disabilities. Response to Intervention: Policy Considerations and Implementation is an essential resource that provides policy and implementation options for Response to Intervention (RtI). The book grounds RtI in law and policy predating IDEA 2004 in addition to walking the reader through the array of implementation issues. Topics covered in the book include:

  • Defining Response to Intervention (RtI)

  • RtI Foundations in Research and Policy

  • Support for RtI in Federal Law

  • Core Principles of RtI

  • Essential Components of RtI

  • Special Education Eligibility Determination in RtI

  • RtI Policy Considerations

  • RtI Professional Development

Copies of the book can be ordered from the National Association of State Directors of Special Education online at www.nasde.org or call 703-519-3800 for more information. The cost per copy is $15.00, with quantity discounts being offered for over 50 copies.

Braille Bug

The American Foundation for the Blind (AFB) created the Braille Bug® web site to teach sighted children about braille, and to encourage literacy among all children.

The information, activities, and games found on the Braille Bug web site are designed to teach children in grades 3 through 6 about braille. As they explore the site, children will be able to:

  • develop an appreciation for the efficiency and versatility of braille;

  • learn why and how Louis Braille invented the literary braille code;

  • understand the importance of braille for another famous blind person, Helen Keller;

  • learn to recognize braille letters and numbers;

  • describe different ways to read and write braille, including the use of technology;

  • use suggested resources to learn more about braille, blindness, and related topics.

The web site also includes a special section for parents and teachers.

Visit the Braille Bug web site at: http://www.afb.org/braillebug/default.asp

PRN Receives $1.1 Million Grant to Continue Providing Training, Education, and Technical Assistance for Parents of Children with Disabilities

It was good news on Thursday, May 17, 2007, for Partners Resource Network with the announcements of awards of three federal grants that total $1.1 million annually.

The announcement was a surprise, said Janice Meyer, Executive Director of Partners Resource Network, because it was not expected until closer to the October 1 start date for the grants awarded by the U.S. Department of Education. The grant projects will enable Partners Resource to continue to serve approximately 10,000 parents of children with disabilities throughout the state through training, information and parent-to-parent support.

“We are very excited that we will be able to continue the types of services we provide for parents of children with disabilities throughout the state as we have done for the last 20 years,” Meyers said. “The number of families that we help each year has grown so much since we first began in 1986.

“I want to thank U.S. Senators Kay Bailey Hutchison and John Cornyn along with their colleagues in the U.S. House of Representatives for their support of the federal funding for Parent Training and Information Centers. We look forward to continuing to empower parents of children and youth with disabilities in their roles as parents, decision makers, and advocates for their children and to promote partnerships among parents and professionals.”

Recent U.S. Supreme Court Ruling and Texas State Law Favors Children with Disabilities

By Janice Meyer, Executive Director of Partners Resource Network
Beaumont Enterprise

Recent action on both the federal and state level is raising many questions regarding children with disabilities.

Last month, the U.S. Supreme Court ruled that parents do not have to hire lawyers in cases of litigation involving school districts when trying to ensure that their children's special needs are adequately met.

The court found that the federal Individuals with Disabilities Education Act (IDEA), which guarantees children a "free appropriate public education," gives rights to parents as well. While courts allow individuals to represent themselves in court, the new ruling extends that to others, in this case parents of children with disabilities.

"It is not a novel proposition to say that parents have a recognized legal interest in the education and upbringing of their child," Justice Anthony M. Kennedy wrote in an opinion joined by six of his colleagues.

While the ruling is certainly beneficial to parents, Partners Resource Network believes that it is better to avoid litigation by working with a local school district to ensure that a child’s educational needs are met.

We do this by giving parents the tools, educational and technical assistance to empower them in the communities and school districts where they live. We help parents to understand their child’s disability, understand their rights under IDEA, obtain and evaluate resources and services and participate as team members with professionals in planning services for their children.

But it’s not one-sided. We help professionals to work and respond more effectively to parents and to build stronger partnerships with parents.

We provide these services at no cost to parents of infants, toddlers, children and young adults with all types of disabilities. Assistance is available in English, Spanish and Vietnamese.

Also last month, Gov. Rick Perry signed into law Senate Bill 673 which allows any student who receives special education services to receive a certificate of attendance and participate in commencement ceremonies if he or she has completed four years of high school, but has not completed the necessary graduation requirements.

The bill took effect immediately because of passage by a two-thirds vote, superseding any local board policies, so that qualifying students could join their classmates in graduation ceremonies last month.

The reason this new law is so important is because it goes directly to the heart of the matter that people with disabilities are just that --- people.

They are our moms and dads, sons and daughters, brothers and sisters, friends and neighbors, co-workers, teachers and students.

Simply put, they are ordinary individuals trying to live ordinary lives. They have the same goals as those without a disability; a home, a good job and a family.

One question that often comes up is how to refer to someone that has a disability. The answer is really simple.

The term is called People First Language and as it implies, the purpose is to refer to the individual first and the disability second. It’s the difference in saying the disabled and a child with a disability.

This is not a matter of being “politically correct.”

Instead, using the preferred terminology goes a long way in preventing the use of negative terms that stereotype or discriminates, just as one avoids using racial slurs or say women instead of gals.

People First Language shows that words matter. Just as important is whether a disability is relevant and needs to be mentioned when referring to an individual. This is similar to not using racial identification in a news story if it is not significant.

People with disabilities are often thought of as individuals to be pitied, feared or ignored. Nothing could be farther from the truth. They are not “charity cases” nor are they “helpless victims.”

How many times have we seen a story about an individual with a disability that, while heartwarming and inspirational, often reinforces preconceived stereotypes or underestimates individuals’ disabilities?

When describing a person with a disability, People First Language is used to tell what a person HAS not what a person IS.

Never to be used are phrases such as “the handicapped” or the “disabled.” Also, it not appropriate to say “the deaf” or “the blind.” Instead, one should say that a person has a hearing loss or impairment or has a visual impairment or low vision.

Fortunately, much as changed lately with the enactment of new laws, activism by individuals with disabilities and expanded news coverage of disability issues. There is now, more than ever, a higher level of awareness and sensitivity.

Approximately 50 million Americans have some type of disability and their contributions to their communities and society enrich us all.

In a 16-county area in Southeast and East Texas, stretching north to Nacogdoches and west to Huntsville, there are 22,000 children and 5,500 young adults with some type of disability.

We owe it to them and to ourselves to help them.

Virginia Tech, Columbine and Zero Tolerance - Shifting from Punitive Reaction to Prevention, Early Intervention and Positive Action - Thoughts on Systemic and Individual Action to Promote Positive and Preventative Responses to Promote Safer Behavior and Safer Schools

by Matt Cohen

Since the horrible mass murder at Virginia Tech a few weeks ago, our society has been forced to once again confront the presence of random extreme violence directed at completely innocent victims. Like Columbine and other mass killings, we are especially shocked by these awful events when they are directed at students, whether young or older. And we are particularly shocked when they occur at schools, which should be safe havens for those attending them - places of learning, of community, of peace, of personal growth, places of safety. Mass school killings fly in the face of what school communities should represent, so they may impact us even more profoundly
than when murders occur in other situations.

As one with children who are now or have attended public schools and been a part of college communities, I want my children to be safe. I want all children to be safe. I want them to be able to focus on learning, on growing, on experiencing the joys of childhood in a healthy and safe environment, without fear of random deadly violence. So, like all of us, I am appalled by these events, mourn for those who are the victims, and saddened that to a lesser degree we all become victims, as these events ultimately have an effect on the climate and environment of all schools and create a climate of fear in our communities.

In reaction to these tragedies, we must respond thoughtfully, constructively and in a manner that advances the safety of our students, while simultaneously making it more likely that we can prevent or reduce the frequency of such events occurring in the future. Many schools, eager to prevent such horrors from occurring within their programs, have reacted by adopting stringent Zero Tolerance Policies, by installing metal detectors, by making it easier to search student lockers, by initiating aggressive disciplinary policies that make it more likely that students will be expelled, not only for their actions, but their thoughts, their drawings, their jokes. Many schools have responded with harsh punishment to students who have been found with drawings, doodling, or even creative writing assignments that have violent themes. An Illinois school district recently expelled a student, who was also arrested, for excessively violent content in a school essay he wrote. Young children are being suspended, expelled and/or prosecuted for bringing look alike weapons to school or even real weapons, but weapons whose danger they don't comprehend.

Children with disabilities are especially vulnerable to such punitive measures, because they are vulnerable to being set up to carry, trade, or hide weapons or drugs by other students. Conversely, they may bring weapons to school because they are being harassed or bullied because of their disabilities and lack the ability to seek help or protect themselves. They, too, are being subject to harsh discipline despite the circumstances in which they became involved with weapons.

To be clear, I believe schools need to be safe. I believe in stringent security. I believe that students who commit serious crimes should be subject to prosecution, if they have the requisite intent to commit the crimes. At the same time, I do not believe these steps are either sufficient or effective to get to the root of the problem of violence in schools (and in our society). Moreover, in many instances, lock-step draconian zero tolerance policies end up severely punishing many children for actions which do not warrant the extreme punishment they receive, take into account the circumstances of the offense, or the child's ability to understand or control their behavior, nor contribute to positive behavioral change.

System Change

We need the schools to do a better job of teaching staff to identify risk factors for mental illness and for violence. We need to provide more mental health diagnostic and treatment services within and in collaboration with the schools. We need to focus more training and resources on mental health early diagnosis and intervention by having screening systems that alert us to children who are at risk. We need to provide better coordination and support to families so that they also can get access to community based mental health services for those children who are in trouble or at risk for violence. We need to have available more rapid and effective intervention for children who do get into serious trouble and/or commit acts of violence, rather than focusing predominantly on punishment or exclusion. Expulsion only transfers the problem to the community. It does not help to solve whatever problems led the child to commit the acts for which they are in trouble. We need better coordination between schools, mental health providers and the justice system to divert kids to treatment when they are beginning to get into trouble.

We need schools which promote social development, problem solving, and citizenship and that teach children with deficits in these areas, rather than ship them off to "alternative schools," where they are warehoused, but not helped. We need to engage the families throughout these situations, so that they are involved, supported, and supportive. And we need to engage the community, so that the community supports systems of effective diagnosis and treatment, rather than focusing on punishment or retributive justice. There are many demands on schools, perhaps unreasonable demands, and often unfounded demands. But exclusion does not solve these problems. We must provide the schools with the funding, the staff, the training and the mandate to provide social and emotional support for children and families at risk. For now, the schools are set up to fail, as are the children struggling with mental health issues. WE CAN ONLY SOLVE THIS PROBLEM as a society, by providing systemic improvement in how we address the problem. WE CAN ONLY SOLVE THE PROBLEM BY PROMOTING TREATMENT, NOT PRISONS, WHETHER THEY ARE RUN BY THE CORRECTIONAL SYSTEM OR THE EDUCATIONAL SYSTEM. Please encourage your school boards, your state legislators, and your federal legislators, to support efforts to promote school-based Positive Behavior Intervention Systems, to promote increased funding for community based mental health services, to support Mental Health Parity in insurance coverage, to promote interagency cooperation between educational and mental health systems, and to promote early screening, diagnosis and treatment for children at risk for mental health problems and/or violence.

What Parents and Educators Can Do to Help Promote Positive Behavior and Protect Children with and without Disabilities from Inappropriate and Excessive Discipline

1) Educators and parents need to be trained to recognize the early warning signs of school failure and of the presence of emotional or behavioral disorders. Sudden displays of aggression, non-compliance, depression or withdrawal, dramatic drops in academic performance, involvement with drugs or involvement with negative peer groups may be indicators of underlying emotional problems which should trigger evaluation and, where indicated, treatment and behavioral intervention.

2) When such problems are suspected, the person seeking help should always request evaluation in writing, keeping a copy of the request and obtaining a receipt confirming that the request was received by the special education administrator.

3) Where a school is not responding to a child's perceived emotional or behavioral problems, parents should seek out evaluation and treatment from community based mental health providers, whether public or private. Information about outside evaluations and treatment should generally be shared with the schools, along with requests that the schools collaborate in providing supports to the child. (Note that parents must make individual decisions about whether to share such sensitive information, but that it is less likely the schools will respond to requests for help if such information is not made available, nor will they be able to coordinate services as effectively without that information.)

4) Even children who are neither in special education nor covered by a Section 504 plan can get assistance from school staff in dealing with acute crises or long-standing but less severe problems. Non-identified children can receive support from school counselors, school social workers and supportive teachers. Similarly, school staff who perceive a child to be at risk or in trouble can encourage parents to seek help from community based mental health providers, in addition to what ever interventions the school is offering.

5) Positive behavioral interventions should be promoted, even if informal, in all areas where the child is having difficulties. Again, this can occur even if the child is not covered by an IEP or 504 plan. However, if a child is displaying severe, continuing or escalating difficulties, it is important that they be referred for evaluation.

6) If a child is determined to be eligible for an IEP or Section 504 plan, regardless of the label that is assigned, the plan should describe in detail the various ways the child's disability may impact the child's behavior, including the ability to understand and follow school rules, the ability to understand staff directions, the ability to understand and engage in appropriate social behavior or understand the verbal and non-verbal communications and behaviors of others, the ability to control one's own behavior, and other disability related symptoms that may contribute to problem behavior. Even a child's excessive sensitivity to noise or to unstructured situations should be documented, so if a problem develops, there is already a record that these environmental factors may have contributed to or caused a problem behavior.

7) For children with behavioral issues, the IEP or 504 plan should include goals and strategies to help teach the child appropriate behavior, coping strategies, and means of dealing with the problems that put them at risk for inappropriate behavior, such as social skills training, anger management training, problem solving strategies, and means to self-advocate to avoid situations that may trigger problem behavior.

8) Similarly, these plans should provide a menu of interventions to address the child's needs, individualized to the child, but including things such as:

a) individual and/or group counseling;

b)provision of an adult mentor or advocate within the school;

c) procedures for the child to seek a quiet or safe place to deescalate or calm down;

d) positive reward systems for demonstrating appropriate behavior;

e) peer buddies to assist and support the child;

f) use of alternative environments or schedules to minimize problems based on unstructured situations, such as allowing a child to pass in the halls five minutes early to avoid the chaos of passing period, if this is when they have trouble, or allowing the child to have lunch in a class room if the cafeteria is too noisy or rowdy;

g) frequent communication between home and school to identify and address positive and negative events that may impact behavior;

h) use of coordinated positive behavioral programs between home and school;

i) exempting the child from minor rules that do not involve safety, but which may trigger academic and behavioral consequences, such as a child being suspended for being late to class when they have organizational or time management deficits;

j) providing a child with extra breaks for quiet time or exercise, depending on their needs, in order to help them to stay on task and focused;

k) developing in advance intervention strategies for when the child is in crisis that allow for a more coordinated and planned response that takes into account the child's particular issues. For example, some children respond well to strong staff direction, while others respond more to strategies geared to deescalating. Some students are tactilely defensive and generally shouldn't be touched unless they are seriously out of control and posing a danger to themselves or others. Some students have trouble
processing verbal direction and should be given extra time to respond to staff directives, etc.

9) Make sure that all behavioral problems and the resulting interventions are documented and that parents are immediately informed of any problems. If problems are escalating or existing plans aren't working, convene an emergency meeting to figure out why the problem is occurring and consider more effective strategies for addressing it.

10) Use functional behavioral analysis, behavior plans and behavior consultants to assist in analyzing the problem and developing effective solutions. Recognize that a plan's lack of success may be due to a) an inadequate plan, b) ineffective implementation, or c) changed circumstances
that require a new approach, rather than that the child is intractable, untreatable or must be put in a more restrictive setting.

Matthew Cohen is a founding partner in the Chicago law firm, Monahan and Cohen. Currently admitted to practice in both Illinois and Indiana, his practice is concentrated in representation of children and families in special education and discipline disputes with public schools. He also has
extensive experience in mental health and confidentiality law.

If you have any questions, please call his assistant, Tami Kuipers, at 312-419-0252.

Online Software

Web site applications are often free and require little if any maintenance by the user. A variety of program types are available including calendars, spreadsheets, word processing, video editing, and more. Read about the options at: http://ga0.org/ct/qdS-qJ91oE66/.

Learning Disabilities Resource Kit

The National Research Center on Learning Disabilities has developed a new Resource Kit: Specific Learning Disabilities Determination Procedures and Responsiveness to Intervention. The Resource Kit provides a plan for getting schools started with SLD determination and RTI implementation, “how to” manuals that can be used for implementing tiered intervention, user-friendly presentations, and briefs specifically written for parents. The materials are free and available to download in pdf or Microsoft PowerPoint format from the NRCLD web site: http://www.nrcld.org/resource_kit.

New Additions to the TEA Web Site

2007 Adequate Yearly Progress Guide - View it at http://www.tea.state.tx.us/ayp/2007/guide.pdf*

2007 Accountability Manual - Available for download, as the entire manual or individual chapters. http://www.tea.state.tx.us/perfreport/account/2007/manual/index.html

Secretary Spellings Announces New Regulations to More Accurately Assess Students With Disabilities

U.S. Secretary of Education Margaret Spellings announced new regulations under No Child Left Behind (NCLB) allowing states to test certain students with disabilities using an alternate assessment that more appropriately aligns with students' needs and yields more meaningful results for schools and parents. The new regulations provide states and schools with greater flexibility by allowing them to more accurately evaluate these students' academic progress and tailor instruction based on individual needs.

"Through No Child Left Behind, we're continuing to raise the bar and improve the way we educate and assess students with disabilities," Secretary Spellings said. "These students are capable of achieving high academic standards, and now states and schools can be better attuned to their needs. No Child Left Behind has put the needs of students with disabilities front and center, and this regulation helps continue to drive the field forward in developing better tests for students with disabilities."

Secretary Spellings also announced that the U.S. Department of Education will provide $21.1 million in grant funds for technical assistance as states develop new assessments for these students. Today, the Department also released written guidance to states on the implementation of the new regulations, offering recommendations on issues such as how students with disabilities can be appropriately identified for this assessment.

Under the new regulations released today, states may develop modified academic achievement standards based on grade-level content, and alternate assessments based on those standards, for students with disabilities who are capable of achieving high standards but may not reach grade level in the same timeframe as their peers. States may count proficient and advanced test scores on these alternate assessments for up to 2.0 percent of all students assessed when calculating adequate yearly progress (AYP) under NCLB. These regulations build on the flexibility provided for students with the most significant cognitive disabilities, which allows states to count up to 1.0 percent of proficient and advanced assessment scores based on alternate achievement standards toward AYP calculation.

View the regulations online at: http://www.ed.gov/legislation/FedRegister/finrule/2007-2/040907a.html.

Child Care Common Concern for Some Disabled Kids

The law says it's not supposed to happen, but it does. Disabled children routinely denied child care by providers who view the responsibility as too challenging or too expensive. This is the story of a local family done wrong and pillar of the community promising to make it right. FOX 26's Greg Groogan reports.

Proposed Commissioner's Rules Posted on TEA's Web Site

Proposed Amendments to Title 19 Texas Administrative Code (TAC), Chapter 89, Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning Special Education Services have been published in the April 20, 2007, issue of the Texas Register. The proposed changes reflect amended Commissioner's rules and a repeal resulting from amendments to the Individuals with Disabilities Education Act (IDEA) Amendments of 2004 and final IDEA federal regulations.

The Texas Education Agency encourages participation in the Commissioner’s Rule amendment process by inviting stakeholders to comment in writing or at a public hearing before the close of the public comment period on June 19, 2007. The Commissioner’s rule amendment process works best when all stakeholders participate.

The proposed commissioner’s rules, background information and significant issues related to the proposed commissioner’s rules, schedule of public hearings, and guidance on providing public comment can be found on the TEA web site at: http://www.tea.state.tx.us/special.ed/rules/proprule.html

Partners Resource Network Begins Development of a 26-Acre Camp and Recreational Center for Children with Disabilities

Citing the lack of any type of facility in the entire Southeast and East Texas region, Partners Resource Network, Inc. announced plans to build a $5 million camp and recreational facility for children with disabilities.

Janice Meyer, executive director of PRN and who lost her son Jeff Foreman from multiple disabilities at the age of 16, said the Partners Ranch would provide children a wide array of year-round outdoor activities such as fishing, camping, horseback riding, swimming and field sports.

“No child or adult with a disability who lives in Southeast or East Texas should have to miss the opportunity to enjoy recreational activities because of the type or severity of his or her disability,” Meyer said. “Our vision is to have cabins nestled among tall pines with children, adults and their families enjoying nature, themselves and each other.

“In addition to the recreational activities, we want to offer family retreats, respite programs, conferences and annual all-sports and family festival days. There is no facility or event in a 16-county area that meets the recreational, educational, accessibility and social needs that would be covered by the programs and activities of Partners Ranch.”

Partners Resource Network assists approximately 10,000 families across Texas every year with training, education and technical assistance for all types of disabilities (cognitive, physical, sensory, emotional and behavioral disabilities).

The LaBiche Architectural Group, Inc., of Beaumont, has been selected to develop a master plan and schematic drawings. The firm will also identify construction costs and timelines and supervise the actual construction to its completion.

PRN was founded in 1986 by Janice and her husband, Dr. Michael Meyer, with a $186,000 annual grant from the U.S. Department of Education. After 20 years, PRN has grown to three offices across Texas, employing 35 employees with annual DOE grants of $1.1 million for parent training and information.

This summer, PRN will begin a 12-month capital campaign effort to raise the funds to build the $5 million retreat, with a target date of late 2008 for the facility’s opening.

To reach that goal, Meyer said that PRN will rely primarily on individual and corporate donations and money from private local and state foundations.

Download Partners Resource Network's Ranch Booklet - PDF* or Word**

National Center for Learning Disabilities Transition Resources

The National Center for Learning Disabilities has a section of their Web site dedicated to transition issues. The page includes presentations, articles, checklists, research, and other resources to help students with learning disabilities transition from high school to college or employment. http://www.ncld.org/content/view/1019/389

STOMP (Specialized Training for Military Parents) Project Resources

STOMP (Specialized Training for Military Parents) is the national PTI serving military families nationwide. STOMP helps families access education and medical services by providing individual technical assistance, maintaining a military family listserv, conducting workshops around the world, and connecting people with local resources, regardless of their current duty location.

Heather Hebdon, STOMP Project Director, recently shared the following resources with the ALLIANCE and suggested they may be helpful for all Parent Centers to know about as they work with military and reserve families in their states and communities.

Department of Defense Special Needs Parent Toolkit: Developed with input with STOMP, this toolkit features comprehensive information for military parents with children with disabilities.

Special Care Organizational Record (SCOR): Families can not carry their military medical records when they move, so this document helps them keep track of appointments, medications, providers, and medical history.

The following Web sites provide a variety of information relevant to military families:

For more information about STOMP, visit: www.stompproject.org

New Booklet Helps Parents Understand Resolution Meetings

Resolution Meetings: A Guide for Parents is a new resource to help families better understand resolution meetings, one way in which special education disputes can be resolved. The 12-page booklet was developed by the Technical Assistance ALLIANCE (of which PACER is the national center) in collaboration with the Consortium for Appropriate Dispute Resolution in Special Education (CADRE). It’s $3 ($2 for 10 or more copies). For more information, go to: http://www.taalliance.org/publications/index.htm

NICHCY's New Evidence for Education

NICHCY has announced the availability of the Evidence for Education:  The Power of Strategy Instruction series, designed to address topics of immediate relevance to those concerned with the challenge of maximizing educational opportunities, expectations, and outcomes for children with disabilities.  Each issue will include an easy-to-read review of the best available scientific research evidence supporting academic and behavioral interventions for children with disabilities, several well-researched and practical examples of the topic at hand, and connections to more detailed resources to assist you in moving the research into practice. http://research.nichcy.org/Evidence_TOC.asp

New Law Allows Students With Disabilities to Participate in Graduation, Receive Attendance Certificates

(AUSTIN ) — Governor Rick Perry Tuesday (May 8) signed into law Senate Bill 673, known as "Scooter's Bill," by Senator Judith Zaffirini, D-Laredo, and Rep. Rob Eissler, R-The Woodlands.

Effective immediately, it will allow students with disabilities who are in individualized education programs (IEP) and who have completed four years of high school to participate in graduation ceremonies and receive attendance certificates. They would receive their diplomas upon completing their IEP.

"I was proud to sponsor and pass Scooter's Bill and am delighted that it is now Scooter's Law," Senator Zaffirini said. "The new law will provide students in IEP programs with the opportunity to graduate with their peers and obtain a sense of closure as their classmates move on from high school. This is a fitting and pleasant end to Scooter Long's story of hard work and advocacy on behalf of students with disabilities."

SB 673 is named "Scooter's Bill" in honor of Gene "Scooter" Long, a Dallas IEP student who was denied participation in his class's graduation ceremonies by the Dallas Independent School District .

The new law calls for a consistent policy throughout Texas . What's more, it will allow students to continue their IEP programs after participating in commencement ceremonies and would not preclude their receiving high school diplomas upon completing the program.

Download press release - PDF* or Word**

Update on New Law that Allows Students with Disabilities to Participate in Graduation Ceremonies

Guidance on Senate Bill (SB) 673, Participation of Students with Disabilities in Graduation Ceremonies, has been posted to the TEA Division of IDEA Coordination’s State Guidance Web site at http://www.tea.state.tx.us/special.ed/guidance under the link “Graduation.”  The Agency will revisit SB 673 over the summer/early fall regarding the implementation of this new legislation.

Updates on the implementation of SB 673 will be posted at http://www.tea.state.tx.us/special.ed/guidance/sb673.html.

Winkelman v. Parma City School District

The U.S. Supreme Court made a decision today in the Winkelman v. Parma City School District case about a boy with autism whose parents argued they were effectively denied access to the courts because they could not afford a lawyer. The Court ruled that parents do not need to hire a lawyer to sue public school districts over their children’s special education plan. To read the Washington Post story about the ruling, go to: http://www.washingtonpost.com/

Texas Lawmakers Want to Replace TAKS Test

By APRIL CASTRO
Associated Press

AUSTIN — Instead of one exit-level test, some state lawmakers want Texas high school students to pass 12 tests before they can get their diploma.

The exit-level Texas Assessment of Knowledge and Skills would be replaced with end-of-course exams in the core subject areas under the proposal filed today in the House by Republican Rep. Rob Eissler, who leads the House Public Education Committee.

The high-stakes nature of the TAKS has been lambasted by teachers and parents, who argue that too much classroom time is spent on preparing students for the test. Criticisms of the TAKS also emerged as a common campaign issue during last year's gubernatorial election.

Replacing the high school TAKS with end-of-course exams would ease some of the most common complaints about the test, Eissler said.

"End of course exams will allow teachers to focus on content and not simply 'teach to the test,' " Eissler said. "Teachers will be able to focus on the deep content of each course."

Proponents of the measure argue that classroom time would not have to be wasted reviewing material that students might have learned in a class taken previously.

That results in "undermining the number of learning days, the academic days that go into a school year and this new testing regimen should put the emphasis back on learning, not on testing," said Sen. Kel Seliger, an Amarillo Republican.
Teachers groups, which have been among the most vocal critics of the TAKS, offered a tepid response to the proposal.

"The one concern that we have with any new assessment system is that it does not take on the high-stakes end all, be all that the TAKS test evolved into," said Cindy Chapman, a high school teacher in White Face who also serves as the state president of the Association of Texas Professional Educators.

One of the teachers' complaints about the TAKS has been that bonus pay for teachers is tied to student performance on the test in some qualifying schools.
"I think we can all agree that the TAKS has outlived it's welcome," said Sen. Florence Shapiro, who filed the measure in the Senate. "Make no mistake: This does not in any way take away any accountability."

The proposal would be phased in over several years, starting with students who are in sixth grade this year.

Students would be able to retake the tests if their first score was unsatisfactory.

To graduate, students will have to score at least 70 percent cumulatively on the tests. A cumulative score means that students don't necessarily have to score above 70 on each of the 12 exams, as long as they score higher on others.

That differs from the TAKS, in which a failing grade on any portion automatically means failure.

In addition to the end-of-course exams, the sweeping legislation also would:

— Institute safeguards to prevent cheating on the tests after widespread discrepancies were identified last year;

— Direct school districts to be prepared to administer the tests online;

— Require eighth- and 10th-grade students to also take a college-readiness test such as the PSAT as a diagnostic gauge;

— Allow 11th-grade students to take a college entrance exam like the SAT or ACT at state expense.

The bills are House Bill 2236 and Senate Bill 1031.

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