Posted on 11/14/2005 10:10:08 AM PST by SmithL
WASHINGTON -- The Supreme Court ruled Monday that parents who demand better special education programs for their children have the burden of proof in the challenges.
Retiring Justice Sandra Day O'Connor, writing for the 6-2 court, said that when parents challenge a program they have the burden in an administrative hearing of showing that the program is insufficient. If schools bring a complaint, the burden rests with them, O'Connor wrote.
The ruling is a loss for a Maryland family that contested the special education program designed for their son with attention deficit hyperactivity disorder.
The case required the court to interpret the Individuals With Disabilities Education Act, which does not specifically say whether parents or schools have the burden of proof in disputes. The law covers more than 6 million students.
(Excerpt) Read more at sfgate.com ...
Note to self--REMEMBER THE FREAKING ITALICS!!!!
I think we must be from the same generation! Four of us lived in two bedrooms with one bathroom! And for a long time, the only heat we had was one of those standing furnaces in ONE ROOM! No a/c, 3 channels on TV, you know the drill.
One of my stepdaughters just put her two sons, almost 5 and 3, in a bedroom together; the rest of the family went bezerk, talking about their PRIVACY, FGS. They love it; you should hear them talking on the monitors (something ELSE I didn't have when I had my son!); they will have memories they'll never forget, as I do with my sister!
Gifted children do not always fare well on Standardized tests and school districts do not really like to have to have gifted programs, most try to do away with them- and that is where many of these "disabled" children would properly fit. THere are numerous reasons for that fact. All a parent needs to do is work with a school district board to hear about the politics of gifted programs. The simple truth is parents need to be advocates for their child and throughly explore the reasons why a public school or any system would benefit from labeling their child as disabled or ADD and ADHD- before they let the drugging begin.
$579.00 X 6 = $3474.00 monthly (tax free)
$3474.00 X 12 months = $41,688.00 yearly (did I mention it is tax free?)
Plus food stamps and Section 8 housing.
Yeah. Most people could raise a family on that.
"I am directing this question to you because you have more insight into this than most of us will ever have."
Thank you. Part of the problem is that the range of abilities and disabilities with these children varies greatly, and they tend to be lumped together by schools.
My sons disabilities are not that great. Because of the hydro-cephalus he is a bit slower than the average kid his age. At twelve, he acts, behaves, and has the emotional development of a kid in the 6-8 year old range. His communications skills are on par with someone his age. He can read slightly below grade level, but has problems comprehending and retaining the information he reads. He can write, but the muscular dystrophy makes it difficult for him to do so (poor motor skills and easily fatigued). As far as school work is concerned, math is his greatest difficulty. At age 12 he still has difficulty doing basic math (addition , subtraction, multiplication).
He does well in school when he has a decent teacher and does not have to contend with the bullies and teasing. This is his 2d year in Junior High and he is not doing well. He is having lots of "discipline" problems that he did not have in grade school. Why? A special-ed teacher who is clearly not qualified to teach the kids in her class and does not have the proper temperament. This teacher also does not control the bullies in this class, in particular a couple of "learning disabled" kids (fetal alchohol / crack baby) types that torment him because he relies on a wheel chair (though he can get up and walk short distances).
These kids torment him, then when he reacts, the teacher comes down on him. For example, last week, this one kid dumps his backpack in the trash when the teacher was not looking. My son get blamed for the ensuing altercation, and instead of making the instigator recover my son's things from the trash, makes my son get out of his chair, hobble to the trash and pick it out himself.
We never have discipline problems with him at home. In fact we trust him in the house by himself. He is responsible and follows our rules. But this teacher has painted him as a "little monster" that keeps causing problems in her class because he fights back when picked on, and does not respond well when she gets in his face and punishes him for it.
We tell him that when the kids pick on him to get the teacher, but this teacher resents that, so he gets it from both sides. As a result, he is not making much progress this year.
He also gets in trouble because he is late to his classes. This is because he is in a wheel chair (go figure). The school is supposed to provide someone to help him get from class to class. The doctor who specializes in kids like my son has written to the school that he needs this, and quoted in his letter to them the state law that says they must. The school has not even met the minimal requirements.
As for me, it's not like I am unsympathetic to the teachers. I was a substitute teacher in this district for 6 months, including at this junior high. The quality of the teachers ranges from very good to, "shouldn't be allowed near children". There is no excuse for a lot of this crap.
There is no reason, for example that when his wheel chair got dumped getting off the "short bus", that there should not have been an adult available to at least help him out of the puddle he fell in (it was raining), or that they did not call us to let us know what happened. Instead, friends helped him back in his chair where he remained in his rain-soaked clothes all day! The next day he has a cold and complains of pain in his back and neck. Should we sue?
The basic problem in the schools is that they can't/won't get rid of incompetent teachers here in California, and they won't sepparate the troublemaker students from the rest of the school population.
When you talk about the proper use of taxpayer funded school resources, more of those resources are wasted on coddeling bad teachers and thug students than are ever spent on handicapped students.
As for those that are as severely handicapped as you described, I agree that trying to "mainstream" them in schools probably will never work. And lumping them in with kids who have only mild learning abilities or whose handicaps are mostly physical, over-taxes the teachers that have to deal with them. The cookie-cutter approach to these kids does not work.
My son, who will be able to become a productive citizen is suffering because he is lumped in with some who clearly won't, while being taught by a teacher who is clearly not equipped to deal with her students. Unfortunately, dealing with disabled students cannot be taught in any credential course--it is a matter of temperament and personality.
As for those that make the "short bus" cracks, I'd like to see how well they take even half the abuse my son has to take on a daily basis.
I would be the first to agree with Micheal Savage that "Liberalism is a Mental Disorder", but I make a distinction between those who stupid by choice and those who were borne with a cross to bear that none of us would willingly choose. When poking fun at liberals we need not lower ourselves to their level. Even my son, learning disabled as he may be, knows that much.
Well, you see I was in this special training program as a baby orangutan and learned a few things. My uncle Clyde was so proud of me! How dare you compare me to a robot!!! It insults the robot's intelligence to have you do so. Excuse me, I have to go groom myself......
One of my stepdaughters just put her two sons, almost 5 and 3, in a bedroom together; the rest of the family went bezerk, talking about their PRIVACY, FGS. They love it; you should hear them talking on the monitors (something ELSE I didn't have when I had my son!); they will have memories they'll never forget, as I do with my sister!
I slept in the same room with my brother for 10+ years. He and I both have fond memories. Another thing is that we ALWAYS had people to play with. One time a couple of friends and I rounded up a bunch of little kids. We went down to the local school and played football. It was us 3 against about 20 little kids. We never had so much fun. It would take about 10 of them to tackle us while there was too many of them and they were good enough to make touchdowns too. It ended up a tie game.
I'm probably from a younger generation than you, but I'll bet we were brought up with the same old-fashioned values. We did have those 3 channels and the things you describe. We really don't know how good we have it sometimes and we really often forget to thank the good Lord for the things we've got.
I think that I have one of the best classes around. The parents and kids are wonderful people.
Okay, I had to get the italics in at least once....
Not really, I shave before I go to school and put on a little deodorant--it drives away the termites really well you know:).
I think that I have one of the best classes around. The parents and kids are wonderful people.
Isn't everybody? :-)
Isn't everybody? :-)
Okay, so I don't look it:). Big deal.
Well, despite all my smarmy posts, I finally did what I have advised others to do, I researched the subject. I can admit to being wrong. Please accept my apology.
I missed out on all the SSI money....darn.
No apology necessary.
The income and resource limits are pretty strict, so only those under the poverty level (or close to it) can qualify for SSI.
It was just an offhand comment from an outside observer just meant to provoke thought on your part. Believe me no offense was meant and I'm glad to see you really didn't take it that way. Apparently, you are handling your situation in the best way you know how and I wish you the best of luck with your daughter(s).
Thanks for your insight. It really it a complicated issue with no easy answer. Certainly "one size fits all" is not the answer.
I agree completely that there are taxpayer dollars wasted on bad teachers and administrators every single day. The thug students truly do rule many schools and in some schools the teachers and school board members are no better than thugs themselves. I live close to New Orleans and that is especially true in the N.O. school district. Thank God either yesterday or the day before our state legislature voted to have the state take control of the N.O. public schools. It is about time!
I am so sorry to hear that your son is being treated so badly. Is there any other teacher you can request for your son?
You get to be an authority when your 3 year old is an adult.
My dear, you have a lot to learn.
Your ignorance is glaringly obvious. Medication used on an ADD child does not make them "stare into space". In fact, ADD kids often do that naturally.
Just in case you are inclined to listen, I will explain a few things to you.
There is a difference between ADD and ADHD. My son has ADD. His problem was that he actually sat all day staring into space! He could not focus his brilliant mind on any one subject long enough to learn anything. His mind hops around like someone is constantly clicking the channel on the TV.
You are right about one thing; these kids are usually very bright and gifted. My son had an ADHD friend in his Spec. Ed class and when they got together they made the funniest VHS movies! Very creative and innovative. We gave the kid broken VCR's and other mechanical and electronics; and he would work on them for hours, often fixing them. But without the medication, my son sat staring....He could not learn. In first grade, after two years of preschool, and kindergarten my son did not even know the alphabet! Other kids were reading, and he did not know an "a" from an "e". Yet after getting on his special education program, he could read in 2 months.
I resisted medication until the boy was in 4th grade. I tried everything else, special diets---cut out meat...cut out sugar...cut out salt.....drink Miso and eat Aduki beans....behavior charts, rewards, spanking, even coffee! I read all information I could get my hands on. We tried everything we could. We didn't have TV. We spent HOURS doing flash cards and "hooked on phonics"!
One time, before medication, while my son was sitting staring, and looking as if someone had broken his heart, I worriedly asked him what he was thinking about....he shook his head as if to clear the thoughts and said: "I was thinking about what the temperature on Mars is right now"....imagine if the teacher was trying to teach him multiplication tables at that moment!
When my son was a High School freshman, he had a growing spurt. He obviously needed a medication adjustment because of his changing size. Anyway, he was quite spacy...walking through the halls looking very serious. Most freshman got teased and tormented, but not my son! He had always been teased and we had braced for the bad teen years...but nothing happened. Turns out the kids left him alone, thinking he was a potential school shooter! They were scared of him! LOL! He is the nicest kid...
The medication given for ADD and ADHD is a stimulant. Speed. For some reason, the brain of these kids processes or doesn't process information correctly. But, when they are given a stimulant, the files in the brain organise and they can function normally. Kids with this disorder do not react the same to this stimulant as other kids. They do become addicted to it in the same way, and they do not need increasing doses to achieve the same effect. Doses are increased when the child's growth necessitates it.
If this medication is given to a child who is not actually ADD or ADHD, the child will behave as you would imagine a child on a stimulant would behave....they would be bouncing off the wall! It would make their hyperactivity much worse!
Don't insult us by measuring with your very short experience standard! Us weary parents are not inclined to just take the word of a person who makes a comment about our child....Medication and Special Education are hardly the "Easy way out", that you are assuming it is. You speak of that which you know not!
We have been through many, many professionals. Although we know our children are a challenge, it started with a suggestion by the classroom school teacher---who had to keep a log on my child for a month before her observations would even be considered by the administration. Then the child had to be tested and evaluated by a school psychologist. She refers the child to a PSYCHIATRIST, who does his own testing and recommendations. These recommendations are returned to the school district and an IEP meeting is called. More testing for placement and programs were taken by the Special education teacher. This teacher then writes up a plan and all of us get together and decide on an education plan for our child. I refused medication for my son, and opted for behaviour therapy and classroom accomodations. My son had to be placed in a thing called a "study Carrel", a cube where he could not see anything but his work. The classroom teacher had to write up a separate teaching plan just for my son. She made a list to put on his desk, so that he could mark off his work. He could not read work written on the board, so she had to give him much of his work verbally. She often had to go back and tap him on the shoulder to remind him to get to work and pay attention to his work.
I do not know any reason under the sun that any teacher in their right mind would just go about willy-nilly and recommend that a child get tested for this! Contrary to what you all believe, this is ALOT of extra work for the classroom teacher!
Our kids get tested at least twice a year. They are reviewed and analyzed. We have home visits and therapy visits. For a while we met with the teacher every day. We hired an after school and during the summer tutor. When on medication we must meet with an MD every week for at least 6 weeks and evaluated and reevaluate the results of the medication.
Children with special needs are not easy. There is always some kind of problem. We parents are on an emotional roller coaster of disappointment, hope and encouragement and heart break. We blamed ourselves, and we blamed each other for our child's problems. What did we do wrong? Why does he have this? What can we change to fix it? We have been angry. We have been sad, as we saw our hopes and dreams for our son be dashed.
The callous ignorant bias against our children by you, and others on this board is not appreciated. We have been through so much and have worked 10 times harder than the average parent, just so our kids can have a chance at a productive life; and you would throw stones at us. It really is incredible that humanbeings could be so cruel to others who already have a hard row to hoe.
Well, I have lived and learned. I use to know it all, and use to have all the answers, until life threw me a few curve balls!
When my son's first grade teacher suggested that he be tested for learning disabilities, I was FURIOUS! He was NOT retarded! SHE was obviously lacking in knowledge and perhaps just didn't like boys?! We gave that poor teacher such a hard time. It was not until march of first grade that we finally agreed to the assessment.
I lived long enough to see my error, and apologize to that teacher. And thank her for all her hard work on my son's behalf. She could have just threw in the towel and caved in to our pressure. She could have just rode out the year and give this kid to another teacher. She could have recommended that he be held back a year. But no. She fought for my son to get the real help he needed.
In my book, Teachers are the real heroes in this country.
Thank you for all you do.
ADHD is a disability now?
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Actually in this fast paced abstract random world ADHD is a survival skill of the highest order.
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