Reed Martin, J.D.
Special Education Law
December Email News

IN THIS ISSUE:

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NEW ADVOCACY SERVICE:
POWER Advocacy Service
For almost two years we have had our POWER membership which receives a STRATEGIES newsletter. Using those strategies, many of our members have interacted with us and report getting real successes in their efforts with their school districts.

We now want to expand that success and focus on IEP's to help as many children and families as possible.

In this new service we will work with you to "grade" your current IEP.

Do you know if you and your child are getting anywhere near what they are actually entitled to get with the recent changes in the IDEA Statute, IDEA Regulations and the new IDEA Appendix A?

In this POWER Advocacy Service: We will critique your current IEP using our 111 question checklist, and we will provide specific strategies in writing to help you attempt to get what you and your child are actually entitled to under the new IDEA requirements.

Contact us for cost and more information: (You do not have to be a POWER Member to secure this service)

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ASK REED ARTICLE OF THE MONTH:

Should I oppose every single thing that my school does that I think is wrong?

Parents often complain to us that their school ignores their procedural rights all the time -- in evaluation, in access to records, in the IEP meeting, in implementing the IEP, and so forth.

Parents then ask us should they oppose each of these violations or should they let some of them slide? How serious does the violation have to be for the parent to try to take action? Parents get tired, you know, and cannot be a lawyer 24 hours a day.

They don't have to remind us. We are parents and we know how draining fighting every issue can be.

So what issues do you need to fight? Review the complete article at: http://www.reedmartin.com/askreed.html

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WORST SCHOOL OUTRAGE OF THE MONTH:

Still Inaccessible After All These Years

District of Columbia Schools Still Out of Compliance After All These Years

Everyone has heard that several national groups are releasing reports about the state of compliance with federal special education laws. The preliminary reports confirm that no one is in compliance.

We have heard some administrators and even teachers say that lets them off the hook. "If no one is in compliance," they say "then no one should expect us to be in compliance." That is the excuse a teenager uses the first time that they are picked up for shoplifting -- every body does it. One would think that school administrators and teachers would have a higher regard for complying with the law.

However, in Washington, D.C., non-compliance is an industry. Their schools were in such disarray in 1971 that a lawsuit in federal court, Mills v. Board of Education of DC, produced a decision in 1972 that paved the way for federal special education laws. The Mills case is one of the two federal district court cases that is constantly cited by Congress and the courts as the beginning of the special education rights revolution.

But rather than putting effort into complying with the laws, the DC administration has put their efforts into preventing law enforcement.

View the complete article: http://www.reedmartin.com/outrageofthemonth.html

View the article from the Washington Post: Judge Tells School to Fix Bathrooms. http://www.washingtonpost.com/wp-srv/local/daily/oct99/schools20.htm

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'SPECIAL' EDUCATIONAL CALENDAR FOR 2000

Celebrating dates and events that have helped children with disabilities

An educational monthly reminder of what federal laws provide for children with disabilities and some of the people and families who have caused the development of these laws.

Includes Court Cases, Federal Laws and Suggestions to Assist You in Your Advocacy!

Be reminded every month of the rights of your children to obtain a free appropriate public education and how those rights were obtained.

Only $8.95 ($2s/h) 
http://www.reedmartin.com/specialeducationcalendar.html

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WE WON ANOTHER AWARD ONE OF THE BEST EDUCATIONAL RESOURCES ON THE WEB

Our site was selected as a featured site in StudyWeb as one of the best educational resources on the Web by their researchers. StudyWeb is one of the Internet's premier sites for educational resources for students and teachers. Since 1996, their expert reviewers have scoured the Internet to select only the finest sites to be included in StudyWeb's listing of educational links. Each site in StudyWeb includes a detailed review describing its editorial and visual merits.

Check out StudyWeb at: http://www.studyweb.org

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ADVOCACY TIP OF THE WEEK:

Complaining About Your Hearing Officer System

View the Advocacy Tip:
http://www.reedmartin.com/advocacytipoftheweek.html

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PRODUCT OF THE MONTH:

Evaluations Required by Law Audiotape The law requires sufficient individual evaluation so that the educational approach can be tailored to that one child.

"Any necessary evaluation activities should focus on collecting information about how to teach and assist the child in the way he or she is most capable of learning." [House Report 105-95 at p. 99]

"Your Rights to Evaluation" is a sixty-minute audiotape that details the federal requirements for sufficient individual evaluations so that the educational approach can be tailored.

Some of the topics include:

The Constitutional basis for evaluation; Identification process;
Notice to parents;
Requirements for evaluation;
Specific areas of disability;
Qualifications of evaluators;
Evaluators at the meeting;
Evaluations for related services Evaluations under the new discipline requirements;
Independent evaluation; and more 

"Your Rights to Evaluation" can help you understand the full scope of the evaluations that your child might receive.

Only $10.00 ($2 s/h) Expires: January 15, 2000
Email your order at connie@westco.net or Shop On-Line
http://www.reedmartin.com/shoppingcart.html

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YOUR CHILD'S IEP INVOLVES BOTH PROCEDURE AND SUBSTANCE:

The United States Supreme Court has described what must be done to meet the parents' and students' rights. (Honig v. Doe, 484 U.S. 310-312 (1988).

"Envisioning the IEP as the centerpiece of the statute's education delivery system for disabled children, and aware that schools had all too often denied such children appropriate education without in any way consulting their parents, Congress repeatedly emphasized throughout the Act the importance and indeed the necessity of parental participation in both the development of the IEP and any subsequent assessment of its effectiveness. Accordingly, the Act establishes various procedural safeguards that guarantee parents both an opportunity for meaningful input into decisions affecting their child's education and the right to seek review of any decisions they think inappropriate."

Appendix C to the IDEA regulations, which has been quoted as the law in all of the Circuit Courts, (The previous App. C. has been renamed App. A and this is at App. A, Q. 9) stated that the IEP "serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to jointly decide what the child's needs are, what services will be provided to meet those needs, and what the anticipated outcomes may be." The Appendix further refers to the IEP as: "setting forth in writing a commitment of resources," "a management tool that is used to ensure that each child with a disability is provided special education and related services appropriate to the child's special learning needs," "a compliance/monitoring document to determine whether a child is actually receiving the free appropriate education agreed to by the parents and the school," and "an evaluation device to determine the extent of the child's progress toward meeting the projected outcomes."

The 1997 Amendments to the IDEA emphasize the above. The IDEA amendments that relate only to the IEP went fully in effect on July 1, 1998.

DOES YOUR CHILD'S IEP MEET THESE REQUIREMENTS?

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UP-COMING CONFERENCES:

Jan. 15, 2000-Parents In Motion, Commerce, GA Call: (706) 367-3694 or (706) 367-1749

January 26 National Conference - Technical Assistance for Parent Centers - Alliance Conference

January 29, 2000-Family Network on Disabilities of Manatee/Sarasota Sarasota, FL (941)755-7325

March 4, 2000-Down Syndrome Association of Roanoke, VA Call: (540) 563-9300 or Fax:(540) 366-5846

March 9-10 - CHADD of Utah

March 31 Missouri State Autism Symposium-St . Louis, MO

April 14-Sea Center - Redding, CA-Call: (530)876-8321

July 4-Keynote-National ASA
http://www.autism-society.org

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PRIOR WRITTEN NOTICE:

What is your Procedural Safeguard of PRIOR WRITTEN NOTICE?

I printed the cite regarding your Procedural Safeguard of Prior Written Notice in our September Email News. However, we receive calls, faxes and emails daily about problems with being refused services requested at an IEP meeting. Therefore, I have posted on our website, Prior Written Notice.

Be sure to print it and use your rights to assist you in your advocacy!
http://www.reedmartin.com/priorwrittennotice.html

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CONSTITUTIONAL REQUIREMENT FOR AN INDIVIDUALIZED

EDUCATIONAL PROGRAM On the date of passage of the 1997 Amendments to the individuals with Disabilities Education Act Senate Majority Leader Trent Lott reminded us:

"The obligation to provide children with disabilities a free and appropriate education is grounded in the 14th amendment to the Constitution, title v of the Rehabilitation Act, the Americans with Disabilities Act and by the laws of every State. IDEA is one additional civil rights tool that guarantees children with disabilities the right to receive a quality education. (Congressional Record S4410, May 14, 1997)

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NEW SHOPPING CART:

Thanks to Intelligent Business Solutions Group (www.techcommerce.net), we finally have a new shopping cart designed and ready for operation.

Order all of our publications on our secure On-Line Shopping Cart http://www.reedmartin.com/shoppingcart.html

POWER Members can now order On-Line and receive the 10% discount. Be sure to go to the POWER Member Check Out. http://www.reedmartin.com/powermember.html

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CONFERENCE PACKET:

The request for Reed's conference opportunities has been great! I have sent packets by email clip and through the mail. Thanks for your interest.

If you would like to have a Reed Martin conference or workshop in your area, contact us for prices and a conference packet.

For more information and a list of workshop titles:
http://www.reedmartin.com/conferences.html

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'OPEN YOUR EYES TO AUTISM" PROJECT:

The Autism Resource Konnection, Inc., & Unlocking Autism will host a NATIONAL AUTISM AWARENESS RALLY in Washington, D.C, on April 8, 2000.

These organizations need thousands of pictures of Autism Spectrum children and adults by February 2000 to complete this project for National Autism Awareness.

The purpose for this rally is to increase public awareness of autism and bring the Nation together to shine a beacon on this neurological disorder that affects more than 500,000 American citizens and their families.

Contact: NleGendre@aol.com for more information or
http://www.littleangels.org

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ADVOCATING FOR YOUR CHILD WITH AD/HD& LD MANUAL:

This is a great manual! Thanks to all that have ordered. Your order is in the mail!!

This 88 page manual has over 100 specific steps we have used successfully that can get your child the program they need!

$39.95 ($3/ s/h)
POWER Members Pay: $35.
Check out the contents: http://www.reedmartin.com/addmanual.html

Email your order: connie@westco.net


Shop On-Line: http://www.reedmartin.com/shoppingcart.html

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ONE OF OUR POWER MEMBER ORGANIZATIONS HAS A NEED:

The parent advocacy organization Parents In Motion is in need of a new location for their group in the Commerce, GA area. If anyone can offer assistance, please contact Lawana at lawanas@aol.com

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NEWS ARTICLES:

Be sure to check the news articles posted on our site.

Thanks to all our friends who have sent us articles to share with you!

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MESSAGE BOARD:

Be sure to check our message board and share with families like yours.

Post your question or answer a question.

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RESOURCES:
Check our website for links to National Advocacy Organizations

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DISABILITY RIGHTS ARE "CIVIL RIGHTS" TOO:

Government agencies and public schools still don't get it.

Our kids and their families are still having to fight to get simply what they are entitled to in public schools. They are not asking for charity, or asking for schools to feel sorry for them because they have a disability. The accommodations that we fight for are not "I can't be expected do as much as typical kids do so you have to go easy on me." Our kids have a right to an end to the illegal and unconstitutional discrimination that every day bars students with disabilities from access to what typical students receive.

Our special education laws are federal, because they are based on the "equal protection" and "due process" clauses of the Fourteenth Amendment to the U.S. Constitution. The first court cases on educational rights of students with disabilities were in federal courts and cited Brown v. Board of Education as their basis. Our children with disabilities have civil rights which should be respected equally to the rights of racial minorities, females, language minorities, students of different national origin, sexual preference, and so forth.

Check out the complete article on the civil rights of those with a disability: http://www.reedmartin.com/disabilityrights.html

 

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